Bill Text: TX HB1707 | 2023-2024 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the applicability of certain laws to open-enrollment charter schools.
Spectrum: Moderate Partisan Bill (Republican 9-2)
Status: (Passed) 2023-06-12 - Effective immediately [HB1707 Detail]
Download: Texas-2023-HB1707-Engrossed.html
Bill Title: Relating to the applicability of certain laws to open-enrollment charter schools.
Spectrum: Moderate Partisan Bill (Republican 9-2)
Status: (Passed) 2023-06-12 - Effective immediately [HB1707 Detail]
Download: Texas-2023-HB1707-Engrossed.html
By: Klick, Leo-Wilson, Jetton, | H.B. No. 1707 | |
J. Johnson of Harris, et al. |
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relating to the applicability of certain laws to open-enrollment | ||
charter schools. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 12.1058, Education Code, is amended by | ||
amending Subsection (c) and adding Subsections (d), (d-1), (d-2), | ||
(d-3), (d-4), (d-5), and (d-6) to read as follows: | ||
(c) Notwithstanding Subsection (a) or (b), an | ||
open-enrollment charter school operated by a tax exempt entity as | ||
described by Section 12.101(a)(3) is not considered to be a | ||
political subdivision, local government, or local governmental | ||
entity unless: | ||
(1) a [ |
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that the statute applies to an open-enrollment charter school; or | ||
(2) a provision in this chapter states that a specific | ||
statute applies to an open-enrollment charter school. | ||
(d) A political subdivision shall consider an | ||
open-enrollment charter school a school district for purposes of | ||
zoning, project permitting, platting and replatting processes, | ||
business licensing, franchises, utility services, signage, | ||
subdivision regulation, property development projects, the | ||
requirements for posting bonds or securities, contract | ||
requirements, land development standards as provided by Section | ||
212.902, Local Government Code, tree and vegetation regulations, | ||
regulations of architectural features of a structure, construction | ||
of fences, landscaping, garbage disposal, noise levels, fees or | ||
other assessments, and construction or site development work if the | ||
charter school certifies in writing to the political subdivision | ||
that no administrator, officer, or employee of the charter school | ||
and no member of the governing body of the charter school or its | ||
charter holder derives any personal financial benefit from a real | ||
estate transaction with the charter school. If an open-enrollment | ||
charter school is considered a school district as provided by this | ||
subsection, the charter school shall comply with the same | ||
requirements imposed by the political subdivision on a campus of a | ||
school district. An open-enrollment charter school does not have | ||
the power of eminent domain. | ||
(d-1) A political subdivision may not consider an | ||
open-enrollment charter school a school district under Section | ||
395.022, Local Government Code, for the purposes of the collection | ||
of impact fees imposed under Chapter 395, Local Government Code, by | ||
the political subdivision for providing capital funding for public | ||
water and wastewater facilities. | ||
(d-2) A political subdivision may not take any action that | ||
prohibits an open-enrollment charter school from operating a public | ||
school campus, educational support facility, athletic facility, or | ||
administrative office within the political subdivision's | ||
jurisdiction or on any specific property located within the | ||
jurisdiction of the political subdivision that it could not take | ||
against a school district. A political subdivision shall grant | ||
approval in the same manner and follow the same timelines as if the | ||
charter school were a school district located in that political | ||
subdivision's jurisdiction, provided that, for a new campus, the | ||
charter school provide notice, in the manner provided by and to the | ||
persons listed in Section 12.1101, of the location of the new campus | ||
within 20 business days of closing on the purchase or lease of real | ||
property for that campus. | ||
(d-3) This section applies to both owned and leased property | ||
of the open-enrollment charter school under Section 12.128. | ||
(d-4) Except as provided by this section, this section does | ||
not affect the authority granted by state law to a political | ||
subdivision to regulate an open-enrollment charter school | ||
regarding health and safety ordinances. | ||
(d-5) In this section, "political subdivision" does not | ||
include a school district. | ||
(d-6) This subsection applies only to information of a | ||
financial nature of an open-enrollment charter school subject to | ||
this section. A nonprofit entity operating an open-enrollment | ||
charter school under Chapter 12 or a management company providing | ||
management services to the nonprofit entity is considered a | ||
governmental body for purposes of Chapter 552, Government Code, and | ||
information managed by the entity or company is subject to | ||
disclosure under Chapter 552, Government Code. | ||
SECTION 2. Section 212.902, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 212.902. SCHOOL DISTRICT AND OPEN-ENROLLMENT CHARTER | ||
SCHOOL LAND DEVELOPMENT STANDARDS. (a) This section applies to an | ||
agreement [ |
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open-enrollment charter school [ |
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municipality which has annexed territory for limited purposes. | ||
(b) On request by a school district or open-enrollment | ||
charter school, a municipality shall enter an agreement with the | ||
board of trustees of the school district or the governing body of | ||
the open-enrollment charter school to establish review fees, review | ||
periods, and land development standards ordinances and to provide | ||
alternative water pollution control methodologies for school | ||
buildings constructed by the school district or open-enrollment | ||
charter school. The agreement shall include a provision exempting | ||
the district or charter school from all land development ordinances | ||
in cases where the district or charter school is adding temporary | ||
classroom buildings on an existing school campus. | ||
(c) If the municipality and the school district or | ||
open-enrollment charter school do not reach an agreement on or | ||
before the 120th day after the date on which the municipality | ||
receives the district's or charter school's request for an | ||
agreement, proposed agreements by the [ |
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school and the municipality shall be submitted to an independent | ||
arbitrator appointed by the presiding district judge whose | ||
jurisdiction includes the [ |
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arbitrator shall, after a hearing at which both the [ |
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district or charter school and the municipality make presentations | ||
on their proposed agreements, prepare an agreement resolving any | ||
differences between the proposals. The agreement prepared by the | ||
arbitrator will be final and binding upon both the [ |
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district or charter school and the municipality. The cost of the | ||
arbitration proceeding shall be borne equally by the [ |
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district or charter school and the municipality. | ||
(d) A school district or open-enrollment charter school | ||
that requests an agreement under this section, at the time the | ||
district or charter school [ |
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of the request to the commissioner of education. At the end of the | ||
120-day period, the requesting district or charter school shall | ||
report to the commissioner the status or result of negotiations | ||
with the municipality. A municipality may send a separate status | ||
report to the commissioner. The district or charter school shall | ||
send to the commissioner a copy of each agreement between the | ||
district or charter school and a municipality under this section. | ||
(e) An agreement between a municipality and an | ||
open-enrollment charter school under Subsection (b) may require | ||
that: | ||
(1) any revised land development standards may apply | ||
only as long as the property is being used for purposes of the | ||
school; and | ||
(2) any property in use under land development | ||
standards established only for an open-enrollment charter school | ||
must be brought into compliance with all development regulations | ||
applicable to non-school related commercial developments by the | ||
property owner after closure or relocation of the school. | ||
(f) [ |
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(1) [ |
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impervious cover limitations, building setbacks, floor to area | ||
ratios, building heights and coverage, water quality controls, | ||
landscaping, development setbacks, compatibility standards, | ||
traffic analyses, including traffic impact analyses, parking | ||
requirements, signage requirements, and driveway cuts, if | ||
applicable. | ||
(2) "Open-enrollment charter school" means a school | ||
granted a charter under Subchapter C, D, or E, Chapter 12, Education | ||
Code. | ||
(g) [ |
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limit the applicability of or waive fees for fire, safety, health, | ||
or building code ordinances of the municipality prior to or during | ||
construction of school buildings, nor shall any agreement waive any | ||
fee or modify any ordinance of a municipality for an | ||
administration, service, or athletic facility proposed for | ||
construction by a school district or open-enrollment charter | ||
school. | ||
SECTION 3. Section 552.053(b), Local Government Code, is | ||
amended to read as follows: | ||
(b) The following may be exempt: | ||
(1) this state; | ||
(2) a county; | ||
(3) a municipality; or | ||
(4) [ |
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schools [ |
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SECTION 4. Section 12.103(c), Education Code, is repealed. | ||
SECTION 5. An exemption granted to a school district under | ||
Section 552.053(b)(4), Local Government Code, as that subdivision | ||
existed before the effective date of this Act, automatically | ||
extends to all open-enrollment charter schools located in the | ||
municipality after the effective date of this Act unless the | ||
municipality repeals the exemption before the effective date of | ||
this Act. | ||
SECTION 6. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |