Bill Text: TX HB2298 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the ineligibility of certain persons affiliated with an open-enrollment charter school for election to or service on the State Board of Education or a school district board of trustees.

Spectrum: Bipartisan Bill

Status: (Introduced) 2017-03-28 - Left pending in committee [HB2298 Detail]

Download: Texas-2017-HB2298-Introduced.html
  85R11448 KKA-D
 
  By: Uresti H.B. No. 2298
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the ineligibility of certain persons affiliated with an
  open-enrollment charter school for election to or service on the
  State Board of Education or a school district board of trustees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 7.103, Education Code, is amended by
  amending Subsection (a) and adding Subsections (a-1) and (d) to
  read as follows:
         (a)  A person is not eligible for election to or service on
  the board if the person:
               (1)  holds an office with this state or any political
  subdivision of this state;
               (2)  is:
                     (A)  an employee, officer, or member of the
  governing body of an open-enrollment charter school; or
                     (B)  a member of the governing body of a charter
  holder;
               (3)  is required to register as a lobbyist under
  Chapter 305, Government Code, by virtue of the person's activities
  for compensation on behalf of an open-enrollment charter school,
  governing body of an open-enrollment charter school, charter
  holder, governing body of a charter holder, or management company;
               (4)  has an interest in a management company; or
               (5)  in any way represents the interests of an
  open-enrollment charter school that are directly or indirectly in
  conflict with the interests of an independent school district.
         (a-1)  For purposes of Subsection (a)(4), a person has an
  interest in a management company if:
               (1)  the person owns five percent or more of the voting
  stock or shares of the management company;
               (2)  the person owns five percent or more of the fair
  market value of the management company; or
               (3)  money received by the person from the management
  company exceeds five percent of the person's gross income for the
  preceding calendar year.
         (d)  In this section, "charter holder," "governing body of a
  charter holder," "governing body of an open-enrollment charter
  school," "management company," and "officer of an open-enrollment
  charter school" have the meanings assigned by Section 12.1012.
         SECTION 2.  Section 11.061, Education Code, is amended by
  adding Subsections (b-1), (b-2), and (e) to read as follows:
         (b-1)  A person may not be elected trustee of an independent
  school district or appointed to fill a vacancy on the board of
  trustees of an independent school district if the person:
               (1)  is:
                     (A)  an employee, officer, or member of the
  governing body of an open-enrollment charter school; or
                     (B)  a member of the governing body of a charter
  holder;
               (2)  is required to register as a lobbyist under
  Chapter 305, Government Code, by virtue of the person's activities
  for compensation on behalf of an open-enrollment charter school,
  governing body of an open-enrollment charter school, charter
  holder, governing body of a charter holder, or management company;
               (3)  has an interest in a management company; or
               (4)  in any way represents the interests of an
  open-enrollment charter school that are directly or indirectly in
  conflict with the interests of an independent school district.
         (b-2)  For purposes of Subsection (b-1)(3), a person has an
  interest in a management company if:
               (1)  the person owns five percent or more of the voting
  stock or shares of the management company;
               (2)  the person owns five percent or more of the fair
  market value of the management company; or
               (3)  money received by the person from the management
  company exceeds five percent of the person's gross income for the
  preceding calendar year.
         (e)  In this section, "charter holder," "governing body of a
  charter holder," "governing body of an open-enrollment charter
  school," "management company," and "officer of an open-enrollment
  charter school" have the meanings assigned by Section 12.1012.
         SECTION 3.  The changes in law made by this Act regarding
  eligibility for membership on the State Board of Education or the
  board of trustees of an independent school district do not affect
  the entitlement of a member serving on the State Board of Education
  or the board of trustees of an independent school district
  immediately before the effective date of this Act to continue to
  carry out the board's functions for the remainder of the member's
  term. The changes in law apply only to a member elected or
  appointed on or after the effective date of this Act.
         SECTION 4.  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, 2017.
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