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.