Bill Text: TX HB48 | 2011 | 82nd Legislature 1st Special | Introduced
Bill Title: Relating to the governance of home-rule school districts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-06-07 - Referred to Public Education [HB48 Detail]
Download: Texas-2011-HB48-Introduced.html
82S10159 PAM-F | ||
By: Weber | H.B. No. 48 |
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relating to the governance of home-rule school districts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 12.011, Education Code, is amended by | ||
amending Subsection (b) and adding Subsections (c) and (d) to read | ||
as follows: | ||
(b) The adoption of a home-rule school district charter by a | ||
school district does not affect: | ||
(1) the district's boundaries; [ |
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(2) taxes or bonds of the district authorized before | ||
the effective date of the charter; or | ||
(3) the governing structure of the district or the | ||
campuses. | ||
(c) A reference in this code or other law to: | ||
(1) a home-rule school district means a home-rule | ||
school district under this subchapter; and | ||
(2) the governing body of a home-rule school district | ||
means the board of trustees of a home-rule school district under | ||
this subchapter. | ||
(d) For purposes of applicable federal and state laws and | ||
rules as provided by Sections 12.012 and 12.013: | ||
(1) a home-rule school district has the same legal | ||
status as any other school district; and | ||
(2) a home-rule school district board of trustees has | ||
the same legal status as the board of trustees of any other school | ||
district. | ||
SECTION 2. Section 12.013, Education Code, is amended by | ||
amending Subsection (a) and adding Subsections (c) and (d) to read | ||
as follows: | ||
(a) A home-rule school district and a home-rule school | ||
district board of trustees have [ |
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granted to school districts and school district boards of trustees, | ||
respectively, under this title and rules adopted under this title, | ||
including taxing authority. | ||
(c) A home-rule school district and a home-rule school | ||
district board of trustees are subject to Subchapters A, C, D, and | ||
E, Chapter 11, excluding Sections 11.1511(b)(5) and (14) and | ||
Section 11.162. A reference in Chapter 11 to a statute that does | ||
not otherwise apply to a home-rule school district, home-rule | ||
school district board of trustees, or home-rule school district | ||
employee does not by implication apply that statute to a home-rule | ||
school district, home-rule district board of trustees, or home-rule | ||
district employee. | ||
(d) The home-rule school district board of trustees shall | ||
make decisions relating to terminating the employment of district | ||
employees employed under a contract. | ||
SECTION 3. Subchapter B, Chapter 12, Education Code, is | ||
amended by adding Section 12.0135 to read as follows: | ||
Sec. 12.0135. UNIFORM NOTICE REQUIREMENTS. (a) In | ||
addition to notice required under Chapter 551, Government Code, a | ||
home-rule school district board of trustees shall provide notice | ||
of: | ||
(1) the appointment of a charter commission under | ||
Section 12.014; | ||
(2) each meeting of the charter commission under | ||
Section 12.015; and | ||
(3) the board meeting required under Section 12.0165. | ||
(b) Notice under this section must be provided through: | ||
(1) e-mail to media serving the district; | ||
(2) posting notice on the school district's Internet | ||
website, in the office of each school campus in the district, and in | ||
the district's central administrative office; and | ||
(3) e-mail to district employees and parents if | ||
practicable. | ||
SECTION 4. Section 12.014, Education Code, is amended to | ||
read as follows: | ||
Sec. 12.014. APPOINTMENT OF CHARTER COMMISSION. The board | ||
of trustees of a school district shall appoint a charter commission | ||
to frame a home-rule school district charter if: | ||
(1) the board receives a petition requesting the | ||
appointment of a charter commission [ |
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voters of the district; or | ||
(2) at least two-thirds of the total membership of the | ||
board adopt a resolution ordering that a charter commission be | ||
appointed. | ||
SECTION 5. Section 12.015(c), Education Code, is amended to | ||
read as follows: | ||
(c) The charter commission must complete and recommend to | ||
the school district board of trustees in the meeting under Section | ||
12.0165 a proposed charter not later than the first anniversary of | ||
the date of its appointment. The board may set an earlier deadline | ||
to complete and recommend the proposed charter under this section. | ||
After the commission makes its recommendation [ |
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commission expires and the appointment under Section 12.014 is | ||
void. | ||
SECTION 6. Subchapter B, Chapter 12, Education Code, is | ||
amended by adding Section 12.0165 to read as follows: | ||
Sec. 12.0165. BOARD ADOPTION OF PROPOSED CHARTER. (a) Not | ||
later than the 30th day after the date a school district board of | ||
trustees receives a proposed charter from the charter commission, | ||
the board shall hold an open meeting at which the charter commission | ||
shall present the proposed charter to the board for approval. Any | ||
community member, parent, student, or employee of the district may | ||
be present and participate in the meeting. | ||
(b) Not later than the 10th day or earlier than the 30th day | ||
before the date of the open meeting, at least three copies of the | ||
proposed charter must be available in the office of each school | ||
campus in the district and in the school district's central | ||
administrative office. A summary of the content of the proposed | ||
charter must be attached to each copy. A copy of the proposed | ||
charter and the summary must be posted on the district's Internet | ||
website. Notice of the meeting as required under Section 12.0135 | ||
must include a statement of where and how copies of the proposed | ||
charter may be obtained or viewed. The summary must be: | ||
(1) made available to district employees, parents, | ||
community members, and members of the media; and | ||
(2) e-mailed to district employees and parents if | ||
practicable. | ||
(c) The school district board of trustees may amend the | ||
proposed charter. The board must adopt any amendments and the | ||
proposed charter, including any amendments adopted, by majority | ||
vote of the board. | ||
SECTION 7. Section 12.018, Education Code, is amended to | ||
read as follows: | ||
Sec. 12.018. LEGAL REVIEW. The school district board of | ||
trustees [ |
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the commissioner. As soon as practicable, but not later than the | ||
30th day after the date the commissioner receives the proposed | ||
charter, the commissioner shall review the proposed charter to | ||
ensure that the proposed charter complies with any applicable laws | ||
and shall recommend to the board [ |
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modifications necessary. If the commissioner does not act within | ||
the prescribed time, the proposed charter is approved. | ||
SECTION 8. Sections 12.019(c) and (d), Education Code, are | ||
amended to read as follows: | ||
(c) At least three copies of the proposed charter must be | ||
available in the office of each school campus in the district and in | ||
[ |
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of the election order and election day. A copy of the proposed | ||
charter and a summary of the content of the proposed charter must be | ||
posted on the district's Internet website. Notice of the election | ||
must include a statement of where and how copies of the proposed | ||
charter may be obtained or viewed. The [ |
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of the proposed charter shall be attached to each copy. The summary | ||
also shall be: | ||
(1) made available to school district employees, | ||
parents, community members, and members of the media; and | ||
(2) e-mailed to district employees and parents if | ||
practicable. | ||
(d) The ballot shall be printed to permit voting for or | ||
against the proposition "Whether the (name of school district) | ||
School District shall be governed under the home-rule school | ||
district charter, which is adopted [ |
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certain laws and rules apply to the district." | ||
SECTION 9. Section 12.020(f), Education Code, is amended to | ||
read as follows: | ||
(f) At least three copies of the proposed charter amendment | ||
must be available in the office of each school campus in the school | ||
district and in the district's central administrative office | ||
between the date of the election order and election day. A summary | ||
of the content of the proposed charter amendment must be attached to | ||
each copy. A copy of the proposed charter amendment and the summary | ||
of the proposed charter amendment must be posted on the district's | ||
Internet website. Notice of the election must include a | ||
substantial copy of the proposed charter amendment and must include | ||
a statement of where and how copies of the proposed charter | ||
amendment may be obtained or viewed. The summary must be: | ||
(1) made available to district employees, parents, | ||
community members, and members of the media; and | ||
(2) e-mailed to district employees and parents if | ||
practicable. | ||
SECTION 10. Section 12.023(a), Education Code, is amended | ||
to read as follows: | ||
(a) As soon as practicable after [ |
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a home-rule school district charter or charter amendment is | ||
adopted, the president of the school district board of trustees | ||
shall certify to the secretary of state a copy of the charter or | ||
amendment showing the approval by the voters of the district. | ||
SECTION 11. Section 12.030(g), Education Code, is amended | ||
to read as follows: | ||
(g) The rescission takes effect on a date established by | ||
resolution of the governing body but not later than the beginning of | ||
the following school year [ |
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held under this section at which [ |
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under Subsection (f) vote. As soon as practicable after that | ||
election, the governing body shall notify the commissioner and the | ||
secretary of state of the results of the election and of the | ||
effective date of the rescission. | ||
SECTION 12. The following provisions of the Education Code | ||
are repealed: | ||
(1) Section 12.017; | ||
(2) Section 12.020(j); | ||
(3) Section 12.025; and | ||
(4) Section 12.026. | ||
SECTION 13. 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 on the 91st day after the last day of | ||
the legislative session. |