88R12567 ANG-F
	By: Bowers	H.B. No. 5086

	A BILL TO BE ENTITLED
	AN ACT
	relating to an application for a charter for an open-enrollment
	charter school and to the expansion of a request for the revision of
	a charter for an open-enrollment charter school.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 12.101(b-4), Education Code, is amended
	to read as follows:
	(b-4)  Notwithstanding Section 12.114 and subject to Section
	12.1131, approval of the commissioner under Section 12.114 [that
	section] is not required for establishment of a new open-enrollment
	charter school campus if the requirements of this subsection are
	satisfied. A charter holder having an accreditation status of
	accredited and at least 50 percent of its student population in
	grades assessed under Subchapter B, Chapter 39, or at least 50
	percent of the students in the grades assessed having been enrolled
	in the school for at least three school years may establish one or
	more new campuses under an existing charter held by the charter
	holder if:
	(1)  the charter holder is currently evaluated under
	the standard accountability procedures for evaluation under
	Chapter 39 and received a district rating in the highest or second
	highest performance rating category under Subchapter C, Chapter 39,
	for three of the last five years with at least 75 percent of the
	campuses rated under the charter also receiving a rating in the
	highest or second highest performance rating category and with no
	campus with a rating in the lowest performance rating category in
	the most recent ratings;
	(2)  the charter holder provides written notice to the
	commissioner of the establishment of any campus under this
	subsection in the time, manner, and form provided by rule of the
	commissioner; and
	(3)  not later than the 60th day after the date the
	charter holder provides written notice under Subdivision (2), the
	commissioner does not provide written notice to the charter holder
	that the commissioner has determined that the charter holder does
	not satisfy the requirements of this section.
	SECTION 2.  Subchapter D, Chapter 12, Education Code, is
	amended by adding Section 12.1131 to read as follows:
	Sec. 12.1131.  SPECIFIC LOCATION OR ATTENDANCE ZONE
	INFORMATION REQUIRED. The commissioner may not approve an
	application for a charter for an open-enrollment charter school
	under Section 12.110, allow a charter holder to establish a new
	open-enrollment charter school campus as authorized under Section
	12.101(b-4), or approve a request for a revision of a charter for an
	open-enrollment charter school under Section 12.114 for the
	addition of a new campus or site, the relocation of an existing
	campus or site, or the expansion of the geographical area or grade
	levels served by the open-enrollment charter school unless:
	(1)  the application for the charter, notice of the
	establishment of the campus, or request for revision of the
	charter, as applicable, proposes a specific location or attendance
	zone for each proposed campus; and
	(2)  the proposed location or attendance zone of each
	proposed campus is not located in the attendance zone of a school
	district campus that:
	(A)  serves similar grade levels as the charter
	school campus; and
	(B)  received an overall performance rating of A
	or B for the preceding school year.
	SECTION 3.  Section 12.1131, Education Code, as added by
	this Act, applies only to an application for a charter for an
	open-enrollment charter school, a notice of the establishment of an
	open-enrollment charter school campus, or a request for approval
	for a revision of a charter, as applicable, submitted 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, 2023.