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 - Dead) 2017-03-28 - Left pending in committee [HB2298 Detail]
Download: Texas-2017-HB2298-Introduced.html
85R11448 KKA-D | ||
By: Uresti | H.B. No. 2298 |
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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. |