| 1 | 1 | | By: Middleton S.B. No. 2824 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | A BILL TO BE ENTITLED |
|---|
| 7 | 7 | | AN ACT |
|---|
| 8 | 8 | | relating to the sale, lease, or use of an unused or underused school |
|---|
| 9 | 9 | | district facility. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 11.1542, Education Code, is amended to |
|---|
| 12 | 12 | | read as follows: |
|---|
| 13 | 13 | | Sec. 11.1542. [OPEN-ENROLLMENT CHARTER SCHOOL] OFFER FOR |
|---|
| 14 | 14 | | DISTRICT FACILITY. (a) The board of trustees of an independent |
|---|
| 15 | 15 | | school district that intends to sell, lease, or allow use for a |
|---|
| 16 | 16 | | purpose other than a district purpose of an unused or underused |
|---|
| 17 | 17 | | district facility must give [each] any public school district, |
|---|
| 18 | 18 | | open-enrollment charter school, or private school approved to |
|---|
| 19 | 19 | | operate in this state [located wholly or partly within the |
|---|
| 20 | 20 | | boundaries of the district] the opportunity to make an offer to |
|---|
| 21 | 21 | | purchase, lease, or use the facility, as applicable, in response to |
|---|
| 22 | 22 | | any terms established by the board of trustees, before offering the |
|---|
| 23 | 23 | | facility for sale or lease or to any other specific entity. |
|---|
| 24 | 24 | | (b) Before selling or leasing a district facility, the board |
|---|
| 25 | 25 | | of trustees of an independent school district must obtain an |
|---|
| 26 | 26 | | appraisal report for the facility dated within 12 months of the date |
|---|
| 27 | 27 | | the board offers the facility for sale or lease. |
|---|
| 28 | 28 | | (c) During the first 90 days a facility is offered for sale |
|---|
| 29 | 29 | | or lease, the board of trustees may only accept offers from a |
|---|
| 30 | 30 | | public school district, open-enrollment charter school, or private |
|---|
| 31 | 31 | | school. The board of trustees must accept the best offer that meets |
|---|
| 32 | 32 | | or exceeds the appraised value of the facility. |
|---|
| 33 | 33 | | (d) If no qualifying offers are received during the first 90 |
|---|
| 34 | 34 | | days, the board of trustees may offer the facility for sale or |
|---|
| 35 | 35 | | lease to the general public. |
|---|
| 36 | 36 | | (e) If the board of trustees accepts an offer under |
|---|
| 37 | 37 | | subsection (d), the board must: |
|---|
| 38 | 38 | | (1) provide each public school district, |
|---|
| 39 | 39 | | open-enrollment charter school, or private school that submitted |
|---|
| 40 | 40 | | an offer under subsection (c) 14 days to submit a revised offer |
|---|
| 41 | 41 | | matching or exceeding the selected offer's material financial |
|---|
| 42 | 42 | | terms, including price and payment terms; and |
|---|
| 43 | 43 | | (2) accept the best revised offer submitted under |
|---|
| 44 | 44 | | subsection (e) (1). |
|---|
| 45 | 45 | | [(b) This section does not require the board of trustees of |
|---|
| 46 | 46 | | a school district to accept an offer made by an open-enrollment |
|---|
| 47 | 47 | | charter school.] |
|---|
| 48 | 48 | | SECTION 2. This Act takes effect September 1, 2025. |
|---|