Bill Text: TX HB2877 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to required sale or lease of unused or underutilized school district facilities to charter schools.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-22 - Left pending in committee [HB2877 Detail]
Download: Texas-2011-HB2877-Introduced.html
82R10374 VOO-F | ||
By: Aycock | H.B. No. 2877 |
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relating to required sale or lease of unused or underutilized | ||
school district facilities to charter schools. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 11, Education Code, is | ||
amended by adding Section 11.1542 to read as follows: | ||
Sec. 11.1542. REQUIRED SALE OR LEASE OF UNUSED OR | ||
UNDERUTILIZED FACILITIES TO CHARTER SCHOOLS. (a) This subsection | ||
applies only to a school district facility or portion of a district | ||
facility that has been identified by the commissioner in accordance | ||
with commissioner rule adopted under Subsection (b) as being unused | ||
or underutilized by the district. If the charter holder of an | ||
open-enrollment charter school makes a written offer to a district | ||
to lease or purchase, for use by the open-enrollment charter | ||
school, a district facility or portion of a district facility | ||
identified as being unused or underutilized, the district must | ||
lease or sell, as applicable, the facility or portion of the | ||
facility to the charter holder for use by the open-enrollment | ||
charter school. The lease or sale price must be at or below fair | ||
market value and on other terms agreed to by the charter holder and | ||
district board of trustees. | ||
(b) For purposes of Subsection (a), the commissioner shall | ||
by rule adopt a procedure and criteria for determining whether a | ||
school district facility or a portion of a district facility is | ||
unused or underutilized by the district. Each year, the | ||
commissioner shall, using the procedure and criteria adopted, | ||
identify for each district any district facility or portion of a | ||
district facility that is unused or underutilized. Each year, the | ||
agency shall post on the agency's Internet website a list of each | ||
district's unused or underutilized facilities and portions of | ||
facilities. At the request of an open-enrollment charter school, a | ||
district shall provide to the charter school a list of unused and | ||
underutilized district facilities and portions of district | ||
facilities as identified by the commissioner. | ||
(c) A school district may not require a campus or campus | ||
program that has been granted a charter under Subchapter C and that | ||
is the result of the conversion of the status of an existing school | ||
district campus to pay rent or to purchase the campus facility in | ||
order to use the facility. | ||
(d) A school district may not require a campus or campus | ||
program described by Subsection (c) or an open-enrollment charter | ||
school to pay for any services provided by the district under a | ||
contract between the district and the campus, campus program, or | ||
open-enrollment charter school an amount greater than the amount of | ||
the actual costs to the district of providing the services. | ||
SECTION 2. This Act applies only to a contract entered into | ||
by a school district and a charter school on or after the effective | ||
date of this Act. A contract entered into between a school district | ||
and a charter school before the effective date of this Act is | ||
governed by the law in effect on the date the contract is entered | ||
into, and that law is continued in effect for that purpose. | ||
SECTION 3. 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, 2011. |