Texas 2025 - 89th Regular

Texas House Bill HB5516 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1058 CXP-D
2	2	By: A. Davis of Dallas H.B. No. 5516
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to an application for the establishment of a new
10	10	open-enrollment charter school campus or site.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 12.1101, Education Code, is amended to
13	13	read as follows:
14	14	Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION [OR
15	15	ESTABLISHMENT OF CAMPUS]. The commissioner by rule shall adopt a
16	16	procedure for providing notice to the following persons on receipt
17	17	by the commissioner of an application for a charter for an
18	18	open-enrollment charter school under Section 12.110 [or of notice
19	19	of the establishment of a campus as authorized under Section
20	20	12.101(b-4)]:
21	21	(1) the superintendent and the board of trustees of
22	22	each school district from which the proposed open-enrollment
23	23	charter school [or campus] is likely to draw students, as
24	24	determined by the commissioner; and
25	25	(2) each member of the legislature who [that]
26	26	represents the geographic area to be served by the proposed school
27	27	[or campus], as determined by the commissioner.
28	28	SECTION 2. Section 12.114, Education Code, is amended by
29	29	amending Subsection (c) and adding Subsection (c-1) to read as
30	30	follows:
31	31	(c) Not later than the 60th day after the date that a charter
32	32	holder submits to the commissioner a completed request for approval
33	33	for an expansion amendment, as defined by commissioner rule,
34	34	[including a new school amendment,] the commissioner shall provide
35	35	to the charter holder written notice of approval or disapproval of
36	36	the amendment.
37	37	(c-1) This section does not apply to an application for the
38	38	establishment of a new open-enrollment charter school campus or
39	39	site under Section 12.1142.
40	40	SECTION 3. Subchapter D, Chapter 12, Education Code, is
41	41	amended by adding Section 12.1142 to read as follows:
42	42	Sec. 12.1142. APPLICATION FOR ESTABLISHMENT OF NEW
43	43	OPEN-ENROLLMENT CHARTER SCHOOL CAMPUS OR SITE. (a) A charter
44	44	holder may submit to the commissioner an application to establish a
45	45	new open-enrollment charter school campus or site as provided by
46	46	this section. The application must include the zip code of the
47	47	proposed campus or site.
48	48	(b) As soon as practicable after an application for a new
49	49	campus or site is submitted, the agency shall prepare a report that
50	50	includes a fiscal note estimating the total cost to the state and
51	51	the potential revenue loss for each affected school district for
52	52	the 10-year period following the establishment of the proposed
53	53	campus or site.
54	54	(c) The commissioner shall post to the agency's Internet
55	55	website each application received under this section along with the
56	56	report prepared under Subsection (b) for that application and shall
57	57	provide notice of each application and a copy of the report to:
58	58	(1) the superintendent and the board of trustees of
59	59	each school district from which the proposed campus or site is
60	60	likely to draw students, as determined by the commissioner; and
61	61	(2) each member of the legislature who represents the
62	62	geographic area to be served by the proposed campus or site, as
63	63	determined by the commissioner.
64	64	(d) Not sooner than 60 days after notice of an application
65	65	and a report prepared for that application are posted to the
66	66	agency's Internet website and provided to the persons listed under
67	67	Subsection (c), the commissioner shall submit to the State Board of
68	68	Education any application the commissioner proposes to approve and:
69	69	(1) the report prepared under Subsection (b); and
70	70	(2) any impact statements submitted to the
71	71	commissioner by a school district whose enrollment is likely to be
72	72	affected by the proposed campus or site.
73	73	(e) Unless, before the 90th day after the date on which the
74	74	State Board of Education receives an application proposing to
75	75	establish a new open-enrollment charter school campus or site, a
76	76	majority of the members of the board present and voting vote against
77	77	the charter holder's proposal, the application is approved and the
78	78	charter holder's proposal takes effect.
79	79	(f) The commissioner shall adopt rules regarding the
80	80	consideration of applications under this section that:
81	81	(1) allow a charter holder to submit an application at
82	82	least 36 months before the date proposed for the establishment of
83	83	the proposed campus or site; and
84	84	(2) provide for the consideration and approval or
85	85	disapproval of each application by the commissioner and the State
86	86	Board of Education only during even-numbered years.
87	87	SECTION 4. Sections 12.101(b-4) and (b-10), Education Code,
88	88	are repealed.
89	89	SECTION 5. The changes in law made by this Act apply only to
90	90	an application for the establishment of a new open-enrollment
91	91	charter school campus or site received by the commissioner of
92	92	education on or after the effective date of this Act.
93	93	SECTION 6. This Act takes effect immediately if it receives
94	94	a vote of two-thirds of all the members elected to each house, as
95	95	provided by Section 39, Article III, Texas Constitution. If this
96	96	Act does not receive the vote necessary for immediate effect, this
97	97	Act takes effect September 1, 2025.