By: Paxton S.B. No. 1750
A BILL TO BE ENTITLED
AN ACT
relating to instructional facilities funding for certain
open-enrollment charter schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.106, Education Code, is amended by
amending Subsections (d) and (f) and adding Subsections (e-1) and
(f-1) to read as follows:
(d) Subject to Subsections [Subsection] (e) and (e-1), in
addition to other amounts provided by this section, a charter
holder is entitled to receive, for the open-enrollment charter
school, an annual allotment [funding] per student in average daily
attendance [in an amount] equal to [the guaranteed level of state
and local funds per student per cent of tax effort under Section
46.032(a) multiplied by] the lesser of:
(1) the state average interest and sinking fund tax
rate imposed by school districts for the current year multiplied by
the guaranteed level of state and local funds per student per cent
of tax effort under Section 46.032(a); or
(2) the maximum amount of the basic allotment provided
under Section 48.051 for the applicable school year multiplied by
0.06 [a rate that would result in a total amount to which charter
schools are entitled under this subsection for the current year
equal to $60 million].
(e-1) A charter holder is entitled to receive funding under
Subsection (d) for an open-enrollment charter school only if the
governing body of the school annually certifies in writing to the
agency that none of the following derives any financial benefit
from a real estate transaction with the school:
(1) an administrator, officer, or employee of the
school;
(2) a member of the governing body of the school or its
charter holder; or
(3) a person related within the third degree by
consanguinity or second degree by affinity, as determined under
Chapter 573, Government Code, to a person described by Subdivision
(1) or (2).
(f) Funds received by a charter holder under Subsection (d)
may only be used:
(1) to lease an instructional facility;
(2) to pay property taxes imposed on an instructional
facility;
(3) to pay debt service on bonds issued to finance an
instructional facility; [or]
(4) for any other purpose related to the purchase,
lease, sale, acquisition, or maintenance of an instructional
facility;
(5) to purchase or pay debt service on bonds issued to
finance the purchase of school buses;
(6) to purchase or pay debt service on bonds issued to
finance the acquisition or update of technology equipment used to
support instruction;
(7) to pay debt service on bonds issued to improve
school safety and security in accordance with the requirements of
Section 37.351; or
(8) to pay debt service on bonds issued to finance the
construction, acquisition, or equipment of performing arts
facilities or athletic facilities, other than a stadium with
seating capacity for more than 1,000 spectators.
(f-1) The governing body of an open-enrollment charter
school must comply with Chapter 551, Government Code, when
considering the issuance of bonds.
SECTION 2. This Act takes effect September 1, 2025.