Bill Text: TX SB1838 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to the applicability of certain laws to open-enrollment charter schools.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2017-05-19 - Failed to receive affirmative vote in comm. [SB1838 Detail]
Download: Texas-2017-SB1838-Engrossed.html
By: Hughes, Bettencourt | S.B. No. 1838 |
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relating to the applicability of certain laws to open-enrollment | ||
charter schools. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 12.1058, Education Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) In adopting or enforcing ordinances for purposes of | ||
zoning, permitting, code compliance, and development, a | ||
municipality may not treat an open-enrollment charter school | ||
differently than a school district. | ||
SECTION 2. The heading to 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. | ||
SECTION 3. Sections 212.902(a), (b), (c), (d), and (f), | ||
Local Government Code, are amended to read as follows: | ||
(a) This section applies to an agreement [ |
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between a school district or open-enrollment charter school | ||
[ |
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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 [ |
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school and the municipality shall be submitted to an independent | ||
arbitrator appointed by the presiding district judge whose | ||
jurisdiction includes the [ |
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arbitrator shall, after a hearing at which both the [ |
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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 [ |
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district or charter school and the municipality. The cost of the | ||
arbitration proceeding shall be borne equally by the [ |
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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 [ |
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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. | ||
(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 4. Section 395.022(b), Local Government Code, is | ||
amended to read as follows: | ||
(b) A school district and an open-enrollment charter school | ||
are [ |
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unless the board of trustees of the district or the governing body | ||
of the charter school consents to the payment of the fees by | ||
entering a contract with the political subdivision that imposes the | ||
fees. The contract may contain terms the board of trustees or | ||
governing body considers advisable to provide for the payment of | ||
the fees. | ||
SECTION 5. 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, 2017. |