By: Troxclair H.B. No. 5312
A BILL TO BE ENTITLED
AN ACT
relating to the sale, lease, or use of an unused or underused school
district facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.1542, Education Code, is amended to
read as follows:
Sec. 11.1542. [OPEN-ENROLLMENT CHARTER SCHOOL] OFFER FOR
DISTRICT FACILITY. (a) The board of trustees of an independent
school district that intends to sell, lease, or allow use for a
purpose other than a district purpose of an unused or underused
district facility must give [each] any public school district,
open-enrollment charter school, or private school approved to
operate in this state [located wholly or partly within the
boundaries of the district] the opportunity to make an offer to
purchase, lease, or use the facility, as applicable, in response to
any terms established by the board of trustees, before offering the
facility for sale or lease or to any other specific entity.
(b) Before selling or leasing a district facility, the board
of trustees of an independent school district must obtain an
appraisal report for the facility dated within 12 months of the date
the board offers the facility for sale or lease.
(c) During the first 90 days a facility is offered for sale
or lease, the board of trustees may only accept offers from a public
school district, open-enrollment charter school, or private
school. The board of trustees must accept the best offer that meets
or exceeds the appraised value of the facility.
(d) If no qualifying offers are received during the first 90
days, the board of trustees may offer the facility for sale or lease
to the general public.
(e) If the board of trustees accepts an offer under
subsection (d), the board must:
(1) provide each public school district,
open-enrollment charter school, or private school that submitted an
offer under subsection (c) 14 days to submit a revised offer
matching or exceeding the selected offer's material financial
terms, including price and payment terms; and
(2) accept the best revised offer submitted under
subsection (e)(1).
[(b) This section does not require the board of trustees of
a school district to accept an offer made by an open-enrollment
charter school.]
SECTION 2. This Act takes effect September 1, 2025.