Bill Text: TX HB324 | 2013-2014 | 83rd Legislature | Introduced

Texas House Bill 324 (Prior Session Legislation)

Introduced

Bill Title: Relating to certain facilities and service provider transactions between school districts and charter schools.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2013-03-26 - Left pending in committee [HB324 Detail]

Download: Texas-2013-HB324-Introduced.html

	83R3113 VOO-D

	By: Dutton	H.B. No. 324



	A BILL TO BE ENTITLED
	AN ACT
	relating to certain facilities and service provider transactions
	between school districts and 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. FACILITIES AND SERVICE PROVIDER TRANSACTIONS
	BETWEEN DISTRICTS AND CHARTER SCHOOLS. (a) This subsection
	applies only to an independent school district facility or portion
	of a district facility that is 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 fair market
	value and may be 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) An independent school district may not require a campus
	or campus program that has been granted a charter under Subchapter
	C, Chapter 12, 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) An independent school district may not require a campus
	or campus program described by Subsection (c) or an open-enrollment
	charter school to pay an amount for any service provided by the
	district under a contract between the district and the campus,
	campus program, or open-enrollment charter school that is greater
	than the amount of the actual costs to the district of providing the
	service.
	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, 2013.