| 2 | 4 | | |
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| 3 | 5 | | |
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| 4 | 6 | | A BILL TO BE ENTITLED |
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| 5 | 7 | | AN ACT |
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| 6 | 8 | | relating to the sale, lease, or use of an unused or underused school |
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| 7 | 9 | | district facility. |
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| 8 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 11 | | SECTION 1. Section 11.1542, Education Code, is amended to |
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| 10 | 12 | | read as follows: |
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| 11 | 13 | | Sec. 11.1542. [OPEN-ENROLLMENT CHARTER SCHOOL] OFFER FOR |
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| 12 | 14 | | DISTRICT FACILITY. (a) The board of trustees of an independent |
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| 13 | 15 | | school district that intends to sell, lease, or allow use for a |
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| 14 | 16 | | purpose other than a district purpose of an unused or underused |
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| 15 | 17 | | district facility must give [each] any public school district, |
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| 16 | 18 | | open-enrollment charter school, or private school approved to |
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| 17 | 19 | | operate in this state [located wholly or partly within the |
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| 18 | 20 | | boundaries of the district] the opportunity to make an offer to |
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| 19 | 21 | | purchase, lease, or use the facility, as applicable, in response to |
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| 20 | 22 | | any terms established by the board of trustees, before offering the |
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| 21 | 23 | | facility for sale or lease or to any other specific entity. |
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| 22 | 24 | | (b) Before selling or leasing a district facility, the board |
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| 23 | 25 | | of trustees of an independent school district must obtain an |
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| 24 | 26 | | appraisal report for the facility dated within 12 months of the date |
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| 25 | 27 | | the board offers the facility for sale or lease. |
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| 26 | 28 | | (c) During the first 90 days a facility is offered for sale |
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| 27 | 29 | | or lease, the board of trustees may only accept offers from a public |
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| 28 | 30 | | school district, open-enrollment charter school, or private |
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| 29 | 31 | | school. The board of trustees must accept the best offer that meets |
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| 30 | 32 | | or exceeds the appraised value of the facility. |
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| 31 | 33 | | (d) If no qualifying offers are received during the first 90 |
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| 32 | 34 | | days, the board of trustees may offer the facility for sale or lease |
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| 33 | 35 | | to the general public. |
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| 34 | 36 | | (e) If the board of trustees accepts an offer under |
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| 35 | 37 | | subsection (d), the board must: |
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| 36 | 38 | | (1) provide each public school district, |
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| 37 | 39 | | open-enrollment charter school, or private school that submitted an |
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| 38 | 40 | | offer under subsection (c) 14 days to submit a revised offer |
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| 39 | 41 | | matching or exceeding the selected offer's material financial |
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| 40 | 42 | | terms, including price and payment terms; and |
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| 41 | 43 | | (2) accept the best revised offer submitted under |
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| 42 | 44 | | subsection (e)(1). |
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| 43 | 45 | | [(b) This section does not require the board of trustees of |
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| 44 | 46 | | a school district to accept an offer made by an open-enrollment |
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| 45 | 47 | | charter school.] |
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| 46 | 48 | | SECTION 2. This Act takes effect September 1, 2025. |
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