Bill Text: TX HB5092 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to formation, funding, and support of and the applicability of certain laws to charter schools.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-23 - Referred to Public Education [HB5092 Detail]

Download: Texas-2023-HB5092-Introduced.html
  88R14343 JES-F
 
  By: Dutton H.B. No. 5092
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to formation, funding, and support of and the
  applicability of certain laws to charter schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 12.052, Education Code,
  is amended to read as follows:
         Sec. 12.052.  PETITION DRIVEN AUTHORIZATION.
         SECTION 2.  Section 12.052(a), Education Code, is amended to
  read as follows:
         (a)  In accordance with this subchapter, the board of
  trustees of a school district or the governing body of a home-rule
  school district shall grant or deny, through a public vote of the
  board of trustees or governing body, a charter to parents and
  teachers for a campus, two or more campuses, or a program on a
  campus if the board is presented with a petition signed by:
               (1)  the parents of a majority of the students at the 
  [that] school campus or at each campus, as applicable; and
               (2)  a majority of the classroom teachers at the [that]
  school campus or at each campus, as applicable.
         SECTION 3.  The heading to Section 12.0521, Education Code,
  is amended to read as follows:
         Sec. 12.0521.  DISTRICT CHARTER [ALTERNATIVE]
  AUTHORIZATION.
         SECTION 4.  Section 12.0521, Education Code, is amended by
  amending Subsections (a) and (b) and adding Subsections (d), (e),
  and (f) to read as follows:
         (a)  Notwithstanding Section 12.052, in accordance with this
  subchapter and in the manner provided by this section, the board of
  trustees of a school district or the governing body of a home-rule
  school district may grant a charter for:
               (1)  a new district campus; [or]
               (2)  a program that is operated:
                     (A)  by an entity that has entered into a contract
  with the district under Section 11.157 to provide educational
  services to the district through the campus or program; and
                     (B)  at a facility located in the boundaries of
  the district; or
               (3)  an existing district campus.
         (b)  A student's parent or guardian may choose to enroll the
  student at a campus or in a program under this section. A school
  district may not assign a student to a campus or program under this
  section unless the student's parent or guardian has voluntarily
  enrolled the student at the campus or in the program. A student's
  parent or guardian may, at any time, remove the student from a
  campus or program under this section and enroll the student at the
  campus to which the student would ordinarily be assigned. If the
  campus to which the student would ordinarily be assigned is also a
  campus operated under a charter, the student's parent or guardian
  may enroll the student at another available campus in the district
  that is appropriate for the student's grade and is not operated
  under a charter.
         (d)  A district charter may be granted to a campus,
  regardless of the performance rating under Subchapter C, Chapter
  39, assigned to that campus in the previous school year.
         (e)  A charter granted under this section is not considered
  for purposes of the limit on the number of charters for
  open-enrollment charter schools imposed by Section 12.101.
         (f)  The commissioner may adopt rules as necessary for the
  administration of this section.
         SECTION 5.  Section 12.0531, Education Code, is amended to
  read as follows:
         Sec. 12.0531.  PERFORMANCE CONTRACT; DURATION OF CHARTER.  
  (a) If a charter is granted under this subchapter, the board of
  trustees of the school district that granted the charter shall
  enter into a performance contract with the principal or equivalent
  chief operating officer of the campus or program.  The performance
  contract must specify enhanced authority granted to the principal
  or equivalent officer in order to achieve the academic goals that
  must be met by campus or program students.  A charter granted under
  this subchapter expires 10 years from the date the charter is
  granted unless the specified goals are substantially met, as
  determined by the board of trustees of the school district that
  granted the charter.
         (b)  A charter granted pursuant to a contract between a
  school district and an entity granted a charter under this
  subchapter as authorized by Section 11.174(a)(2) must be granted to
  a school district campus for a term of not less than three years.  
  The term of the charter may be shortened by an action authorized
  under Chapter 39A, except for the charter granted to a campus
  against which the commissioner may not impose a sanction or take
  action pursuant to Section 11.174(f).  A charter described by this
  subsection may be placed on probation or revoked in accordance with
  Section 12.064.
         SECTION 6.  Section 12.056(b), Education Code, as amended by
  Chapters 887 (S.B. 1697), 974 (S.B. 2081), and 1046 (S.B. 1365),
  Acts of the 87th Legislature, Regular Session, 2021, is reenacted
  and amended to read as follows:
         (b)  A campus or program for which a charter is granted under
  this subchapter is subject to Sections 12.104(b), (b-2), and (b-3),
  and Sections 12.104(b-1), (b-4), and (c) apply to the campus or
  program, as if the campus or program is an open-enrollment charter
  school [:
               [(1)  a provision of this title establishing a criminal
  offense; and
               [(2)  a prohibition, restriction, or requirement, as
  applicable, imposed by this title or a rule adopted under this
  title, relating to:
                     [(A)  the Public Education Information Management
  System (PEIMS) to the extent necessary to monitor compliance with
  this subchapter as determined by the commissioner;
                     [(B)  criminal history records under Subchapter
  C, Chapter 22;
                     [(C)  high school graduation under Section
  28.025;
                     [(D)  special education programs under Subchapter
  A, Chapter 29;
                     [(E)  bilingual education under Subchapter B,
  Chapter 29;
                     [(F)  prekindergarten programs under Subchapter
  E, Chapter 29, except class size limits for prekindergarten classes
  imposed under Section 25.112, which do not apply;
                     [(G)  extracurricular activities under Section
  33.081;
                     [(H)  health and safety under Chapter 38;
                     [(I)  the provisions of Subchapter A, Chapter 39;
                     [(J)  public school accountability and special
  investigations under Subchapters A, B, C, D, F, and J, Chapter 39,
  and Chapter 39A;
                     [(K)  the duty to discharge or refuse to hire
  certain employees or applicants for employment under Section
  12.1059; and
                     [(K)  parental options to retain a student under
  Section 28.02124].
         SECTION 7.  Section 12.057(c), Education Code, is amended to
  read as follows:
         (c)  A campus or program granted a charter under Section
  12.052 or [,] 12.0521(a)(1)[, or 12.053] is immune from liability
  to the same extent as a school district, and its employees and
  volunteers are immune from liability to the same extent as school
  district employees and volunteers.
         SECTION 8.  Section 12.062, Education Code, is amended to
  read as follows:
         Sec. 12.062.  REVISION. (a) A charter granted under Section
  12.052 [or 12.053] may be revised:
               (1)  with the approval of the board of trustees that
  granted the charter; and
               (2)  on a petition signed by a majority of the parents
  and a majority of the classroom teachers at the campus, at each
  campus, or in the program, as applicable.
         (b)  A charter granted under Section 12.0521 may be revised
  with the approval of the board of trustees that granted the charter,
  and if applicable, the approval of the board of trustees or chief
  operating officer of the partnering school district, campus, or
  program. [A charter may be revised under this subsection only
  before the first day of instruction of a school year or after the
  final day of instruction of a school year.]
         SECTION 9.  Section 12.063, Education Code, is amended to
  read as follows:
         Sec. 12.063.  BASIS FOR PLACEMENT ON PROBATION OR
  REVOCATION. (a)  A board of trustees may place on probation or
  revoke a charter it grants if the board determines that the campus,
  campuses, or program:
               (1)  committed a material violation of the charter,
  including by failure to comply with the duty to discharge or refuse
  to hire certain employees or applicants for employment, as provided
  by Section 12.0631;
               (2)  failed to satisfy generally accepted accounting
  standards of fiscal management; or
               (3)  failed to comply with this subchapter, another
  law, or a state agency rule.
         (b)  The action the board takes under Subsection (a) shall be
  based on the best interest of campus or program students, the
  severity of the violation, and any previous violation the campus,
  campuses, or program has committed.
         SECTION 10.  Section 12.064(b), Education Code, is amended
  to read as follows:
         (b)  The procedure adopted under Subsection (a) must provide
  an opportunity for a hearing to the campus or program for which a
  charter is granted under this subchapter and to parents and
  guardians of students at the campus or in the program. A hearing
  under this subsection must be held on a charter [the] campus or on
  the campus operating the [one of the campuses in the case of a
  cooperative] charter program.
         SECTION 11.  Section 12.065, Education Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  Except as provided by Subsection (c), eligibility 
  [Eligibility] criteria for admission of students to the campus or
  program for which a charter is granted under this subchapter must
  give priority on the basis of geographic and residency
  considerations.  After priority is given on those bases, secondary
  consideration may be given to a student's age, grade level, or
  academic credentials in general or in a specific area, as necessary
  for the type of program offered.
         (c)  A campus or program may enter into an agreement with and
  provide for enrollment preferences to children of employees of a
  business and industry partner in the same manner as an
  open-enrollment charter school under Section 12.117(e) if the
  business and industry partner provides donations described by
  Section 12.117(g) to the campus or program in an amount equal to at
  least 50 percent of the funds the campus or program is annually
  entitled to under Section 12.106.
         SECTION 12.  Section 12.101(b-0), Education Code, is amended
  to read as follows:
         (b-0)  The commissioner shall notify the State Board of
  Education of each charter the commissioner proposes to grant under
  this subchapter.  Unless, before the 90th day after the date on
  which the board receives the notice from the commissioner,
  two-thirds [a majority] of the members of the board [present and
  voting] vote against the grant of that charter, the commissioner's
  proposal to grant the charter takes effect.  The board may not
  deliberate or vote on any grant of a charter that is not proposed by
  the commissioner.
         SECTION 13.  Section 12.1058, Education Code, is amended by
  amending Subsection (c) and adding Subsections (d), (d-1), (d-2),
  and (d-3) to read as follows:
         (c)  Notwithstanding Subsection (a) or (b), an
  open-enrollment charter school operated by a tax exempt entity as
  described by Section 12.101(a)(3) is not considered to be a
  political subdivision, local government, or local governmental
  entity unless:
               (1)  a [the applicable] statute specifically states
  that the statute applies to an open-enrollment charter school; or
               (2)  a provision in this chapter states that a specific
  statute applies to an open-enrollment charter school.
         (d)  A political subdivision other than a school district
  shall consider an open-enrollment charter school a school district
  for purposes of zoning, project permitting, platting and replatting
  processes, business licensing, franchises, utility services,
  eminent domain, signage, subdivision regulation, property
  development projects, the requirements for posting bonds or
  securities, contract requirements, land development standards as
  provided by Section 212.902, Local Government Code, tree and
  vegetation regulations, regulations of architectural features of a
  structure, construction of fences, landscaping, garbage disposal,
  noise levels, fees or other assessments, and construction or site
  development work.  An open-enrollment charter school does not have
  the power of eminent domain.
         (d-1)  A political subdivision other than a school district
  may not take any action that prohibits an open-enrollment charter
  school from operating a public school campus, educational support
  facility, athletic facility, or administrative office within the
  political subdivision's jurisdiction or on any specific property
  located within the jurisdiction of the political subdivision that
  it could not take against a school district. A political
  subdivision other than a school district shall grant approval in
  the same manner and follow the same timelines as if the charter
  school were a school district located in that political
  subdivision's jurisdiction.
         (d-2)  This section applies to both owned and leased property
  of the open-enrollment charter school under Section 12.128.
         (d-3)  Except as provided by this section, this section does
  not affect the authority granted by state law to a political
  subdivision to regulate an open-enrollment charter school
  regarding health and safety ordinances.
         SECTION 14.  Sections 12.106(a) and (i), Education Code, are
  amended to read as follows:
         (a)  A charter holder is entitled to receive for the
  open-enrollment charter school funding under Chapter 48 equal to
  the amount of funding per student in weighted average daily
  attendance to which the charter holder would be entitled for the
  school under Chapter 48 if the school were a school district without
  a tier one local share for purposes of Section 48.266, excluding:
               (1)  the adjustment under Section 48.052;
               (2)  [,] the funding under Sections 48.101 and [,
  48.110,] 48.111; [,] and
               (3)  [48.112, and] enrichment funding under Section
  48.202(a)[, to which the charter holder would be entitled for the
  school under Chapter 48 if the school were a school district without
  a tier one local share for purposes of Section 48.266].
         (i)  The agency may approve a transfer of a charter holder's
  remaining funds to another charter holder, a school district
  operating a charter school under Subchapter C, or a public junior or
  senior college operating a charter school under Subchapter E if the
  entity [charter holder] receiving the funds has not received notice
  of the expiration or revocation of the entity's [the charter
  holder's] charter [for an open-enrollment charter school] or notice
  of a reconstitution of the governing body of the charter holder
  under Section 12.1141 or 12.115 and satisfies any other
  qualification provided by a rule adopted by the commissioner under
  Subsection (j).
         SECTION 15.  Section 12.110(d), Education Code, is amended
  to read as follows:
         (d)  The commissioner shall approve or deny an application
  based on:
               (1)  documented evidence collected through the
  application review process;
               (2)  merit; and
               (3)  other criteria as adopted by the commissioner,
  which must include:
                     (A)  criteria relating to the capability of the
  applicant to carry out the responsibilities provided by the charter
  and the likelihood that the applicant will operate a school of high
  quality; and
                     (B)  criteria relating to improving student
  performance and encouraging innovative programs[; and
                     [(C)  a statement from any school district whose
  enrollment is likely to be affected by the open-enrollment charter
  school, including information relating to any financial difficulty
  that a loss in enrollment may have on the district].
         SECTION 16.  Section 12.1101, Education Code, is amended to
  read as follows:
         Sec. 12.1101.  NOTIFICATION OF CHARTER APPLICATION OR
  ESTABLISHMENT OF CAMPUS.  (a) The commissioner by rule shall adopt
  a procedure for providing notice to the following persons [on
  receipt by the commissioner] of an application for a charter for an
  open-enrollment charter school submitted under Section 12.110 or of
  notice of the establishment of a campus as authorized under Section
  12.101(b-4):
               (1)  the superintendent and the board of trustees of
  each school district from which the proposed open-enrollment
  charter school or campus is likely to draw students, as determined
  by the commissioner; and
               (2)  each member of the legislature that represents the
  geographic area to be served by the proposed school or campus, as
  determined by the commissioner.
         (b)  The commissioner by rule shall adopt a procedure for
  providing notice of the approval of an expansion amendment under
  Section 12.114 to the superintendent and the board of trustees of
  each school district from which a new campus or the expansion of an
  existing campus proposed by the expansion amendment is likely to
  draw students, as determined by the commissioner.
         SECTION 17.  Section 12.114(d), Education Code, is amended
  to read as follows:
         (d)  A charter holder may submit a request for approval for
  an expansion amendment up to 36 [18] months before the date on which
  the expansion will be effective.  A request for approval of an
  expansion amendment does not obligate the charter holder to
  complete the proposed expansion.
         SECTION 18.  The heading to Section 12.117, Education Code,
  is amended to read as follows:
         Sec. 12.117.  ADMISSION; SUPPORT BY BUSINESS AND INDUSTRY
  PARTNER.
         SECTION 19.  Section 12.117, Education Code, is amended by
  amending Subsections (a) and (d) and adding Subsections (e), (f),
  and (g) to read as follows:
         (a)  For admission to an open-enrollment charter school, the
  governing body of the school shall:
               (1)  require the applicant to complete and submit the
  common admission application form described by Section 12.1173 not
  later than a reasonable deadline the school establishes; and
               (2)  on receipt of more acceptable applications for
  admission under this section than available positions in the
  school:
                     (A)  prioritize admitting:
                           (i)  a child who attended the school the
  previous year;
                           (ii)  a child who is a sibling of a student
  admitted to the school; or
                           (iii)  subject to Subsection (e), the child
  of a permanent employee of a business and industry partner under
  that subsection, if applicable; and
                     (B)  after admitting any eligible applicant
  described by Paragraph (A):
                           (i)  fill the remaining available positions
  by lottery; or
                           (ii) [(B)]  subject to Subsection (b), fill
  the remaining available positions in the order in which
  applications received before the application deadline were
  received.
         (d)  Notwithstanding Section 12.111(a)(13), an
  open-enrollment charter school may admit a child of an employee or
  business and industry partner of the school as provided by this
  section regardless of whether the child resides in the geographic
  area served by the school.
         (e)  An open-enrollment charter school may establish a
  partnership with a business and industry partner for the support of
  the school or a campus of the school by entering into a memorandum
  of understanding described by Subsection (f) with that partner.  
  The memorandum of understanding under Subsection (f) must establish
  the maximum enrollment that may be reserved for children of
  permanent employees of the business and industry partner, which may
  not be more than 50 percent of the total enrollment capacity of the
  school or campus supported by the business and industry partner.
  The school or campus may not, and a memorandum of understanding
  entered into under Subsection (f) may not authorize or require the
  school or campus to, unenroll a student who is enrolled at the
  school in a school year or refuse to reenroll a student who was
  enrolled at the school during the previous school year to create an
  available position for the enrollment of a child of a partner
  employee.
         (f)  A memorandum of understanding between an
  open-enrollment charter school and a business and industry partner
  must specify the methods by which the business and industry partner
  will support the charter school.  Support provided by a business and
  industry partner:
               (1)  must include a donation of funds or services under
  Subdivision (2) equal to a value of at least 50 percent of the funds
  the school campus is entitled to annually under Section 12.106; and
               (2)  may include:
                     (A)  internships;
                     (B)  career counseling;
                     (C)  academic tutoring; and
                     (D)  enrichment activities.
         (g)  The commissioner shall adopt rules as necessary to
  implement Subsections (e) and (f), including rules for
  qualification as a business and industry partner.  The rules must
  permit a business and industry partner to be a corporation, limited
  liability company, partnership, or other private or public entity.  
  In adopting rules regarding required donations to qualify as a
  business and industry partner, the commissioner shall consider the
  following types of donations as permissible:
               (1)  real property on which the school or school campus
  is built;
               (2)  a building or space used by the school or campus at
  no cost;
               (3)  funds, materials, or labor for renovations to
  existing school or campus buildings; and
               (4)  capital improvements to the school or campus,
  including investments in technology.
         SECTION 20.  Section 12.1284(a), Education Code, is amended
  to read as follows:
         (a)  After extinguishing all payable obligations owed by an
  open-enrollment charter school that ceases to operate, including a
  debt described by Section 12.128(e), a former charter holder shall:
               (1)  remit to the agency:
                     (A)  any remaining funds described by Section
  12.106(h); and
                     (B)  any state reimbursement amounts from the sale
  of property described by Section 12.128; or
               (2)  transfer the remaining funds to another charter
  holder, a school district operating a charter school under
  Subchapter C, or a public junior or public senior college operating
  a charter school under Subchapter E, as provided by [under] Section
  12.106(i).
         SECTION 21.  Section 12.141(a), Education Code, is amended
  to read as follows:
         (a)  The agency shall deposit funds received under Sections
  12.106, 12.128, 12.1281, 12.1283, and 12.1284 into the charter
  school liquidation fund and may use the funds to:
               (1)  pay expenses relating to managing and closing an
  open-enrollment charter school that ceases to operate, including:
                     (A)  maintenance of the school's student and other
  records; [and]
                     (B)  the agency's personnel costs associated with
  managing and closing the school; and
                     (C)  the agency's costs in conducting a special
  investigation of an open-enrollment charter school under Section
  39.004;
               (2)  dispose of property described by Section 12.128;
  and
               (3)  maintain property described by Section 12.128,
  including expenses for insurance, utilities, maintenance, and
  repairs.
         SECTION 22.  Section 29.171, Education Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  A school district or open-enrollment charter school
  that partners with a private prekindergarten program may use a
  facility or location for the program if the facility or location
  complies with any municipal ordinance applicable to the operation
  of a private prekindergarten program, if any have been adopted by
  the municipality in which the facility or location is located.
         SECTION 23.  Section 39A.105(a), Education Code, is amended
  to read as follows:
         (a)  A campus turnaround plan must include:
               (1)  details on the method for restructuring,
  reforming, or reconstituting the campus;
               (2)  a detailed description of the academic programs to
  be offered at the campus, including:
                     (A)  instructional methods;
                     (B)  length of school day and school year;
                     (C)  academic credit and promotion criteria; and
                     (D)  programs to serve special student
  populations;
               (3)  if a district charter is to be granted for the
  campus under Section 12.0521 [12.0522]:
                     (A)  the term of the charter; and
                     (B)  information on the implementation of the
  charter;
               (4)  written comments from:
                     (A)  the campus-level committee established under
  Section 11.251, if applicable;
                     (B)  parents; and
                     (C)  teachers at the campus; and
               (5)  a detailed description of the budget, staffing,
  and financial resources required to implement the plan, including
  any supplemental resources to be provided by the school district or
  other identified sources.
         SECTION 24.  Subchapter A, Chapter 48, Education Code, is
  amended by adding Section 48.012 to read as follows:
         Sec. 48.012.  ENROLLMENT TRANSPARENCY REPORT. The agency
  shall annually prepare and publish a report indicating the amount
  of local revenue in excess of entitlement that each school district
  would have received if each student in the attendance zone of the
  district who was enrolled during the school year in an
  open-enrollment charter school or in a different school district
  had instead enrolled in that district.
         SECTION 25.  Section 212.001, Local Government Code, is
  amended by adding Subdivision (1-a) to read as follows:
               (1-a)  "Open-enrollment charter school" means a school
  granted a charter under Subchapter C, D, or E, Chapter 12, Education
  Code.
         SECTION 26.  Section 212.902, Local Government Code, is
  amended to read as follows:
         Sec. 212.902.  SCHOOL DISTRICT AND OPEN-ENROLLMENT CHARTER
  SCHOOL LAND DEVELOPMENT STANDARDS. (a)  This section applies to an
  agreement [agreements] between a school district or
  open-enrollment charter school  [districts] and a [any]
  municipality which has annexed territory for limited purposes.
         (b)  On request by a school district or open-enrollment
  charter school, a municipality shall enter an agreement with the
  board of trustees of the school district or the governing body of
  the open-enrollment charter school to establish review fees, review
  periods, and land development standards ordinances and to provide
  alternative water pollution control methodologies for school
  buildings constructed by the school district or open-enrollment
  charter school. The agreement shall include a provision exempting
  the district or charter school from all land development ordinances
  in cases where the district or charter school is adding temporary
  classroom buildings on an existing school campus.
         (c)  If the municipality and the school district or
  open-enrollment charter school do not reach an agreement on or
  before the 120th day after the date on which the municipality
  receives the district's or charter school's request for an
  agreement, proposed agreements by the [school] district or charter
  school and the municipality shall be submitted to an independent
  arbitrator appointed by the presiding district judge whose
  jurisdiction includes the [school] district or charter school. The
  arbitrator shall, after a hearing at which both the [school]
  district or charter school and the municipality make presentations
  on their proposed agreements, prepare an agreement resolving any
  differences between the proposals. The agreement prepared by the
  arbitrator will be final and binding upon both the [school]
  district or charter school and the municipality. The cost of the
  arbitration proceeding shall be borne equally by the [school]
  district or charter school and the municipality.
         (d)  A school district or open-enrollment charter school
  that requests an agreement under this section, at the time the
  district or charter school [it] makes the request, shall send a copy
  of the request to the commissioner of education. At the end of the
  120-day period, the requesting district or charter school shall
  report to the commissioner the status or result of negotiations
  with the municipality. A municipality may send a separate status
  report to the commissioner. The district or charter school shall
  send to the commissioner a copy of each agreement between the
  district or charter school and a municipality under this section.
         (e)  In this section, "land development standards" includes
  impervious cover limitations, building setbacks, floor to area
  ratios, building heights and coverage, water quality controls,
  landscaping, development setbacks, compatibility standards,
  traffic analyses including traffic impact analyses, vehicle
  queuing, parking requirements, signage requirements, and driveway
  cuts, if applicable.
         (f)  Nothing in this section shall be construed to limit the
  applicability of or waive fees for fire, safety, health, or
  building code ordinances of the municipality prior to or during
  construction of school buildings, nor shall any agreement waive any
  fee or modify any ordinance of a municipality for an
  administration, service, or athletic facility proposed for
  construction by a school district or open-enrollment charter
  school.
         SECTION 27.  Section 552.053, Local Government Code, is
  amended by amending Subsection (b) and adding Subsections (b-1) and
  (b-2) to read as follows:
         (b)  The following may be exempt:
               (1)  this state;
               (2)  a county;
               (3)  a municipality; or
               (4)  [a] school districts and open-enrollment charter
  schools [district].
         (b-1)  For purposes of an exemption granted under Subsection
  (b)(4), the exemption must be granted to both school districts and
  open-enrollment charter schools.
         (b-2)  For purposes of this section, "open-enrollment
  charter school" means a school granted a charter under Subchapter D
  or E, Chapter 12, Education Code.
         SECTION 28.  The following provisions of the Education Code
  are repealed:
               (1)  Section 12.0522;
               (2)  Section 12.053;
               (3)  Section 12.0532;
               (4)  Section 12.103(c);
               (5)  Section 12.106(a-4); and
               (6)  Section 39A.107(b).
         SECTION 29.  An exemption granted to a school district under
  Section 552.053(b)(4), Local Government Code, as that section
  existed before the effective date of this Act, automatically
  extends to all open-enrollment charter schools located in the
  municipality after the effective date of this Act unless the
  municipality repeals the exemption before the effective date of
  this Act.
         SECTION 30.  To the extent of any conflict, this Act prevails
  over another Act of the 88th Legislature, Regular Session, 2023,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 31.  This Act applies beginning with the 2023-2024
  school year.
         SECTION 32.  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.
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