Bill Text: TX HB3155 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the applicability of certain laws to open-enrollment charter schools.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-05-01 - Committee report sent to Calendars [HB3155 Detail]
Download: Texas-2019-HB3155-Comm_Sub.html
86R8898 CAE-F | ||
By: Deshotel | H.B. No. 3155 |
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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 | ||
amending Subsection (c) and adding Subsection (d) 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 a [ |
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the statute applies to an open-enrollment charter school. | ||
(d) Except as provided by Section 12.103(c), a municipality | ||
shall consider an open-enrollment charter school a school district | ||
for purposes of zoning, permitting, code compliance, and | ||
development. | ||
SECTION 2. 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 [ |
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open-enrollment charter school [ |
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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 [ |
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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. | ||
(e) In this section: | ||
(1) [ |
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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, parking | ||
requirements, signage requirements, and driveway cuts, if | ||
applicable. | ||
(2) "Open-enrollment charter school" means a school | ||
granted a charter under Subchapter D or E, Chapter 12, Education | ||
Code. | ||
(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 3. Chapter 250, Local Government Code, is amended | ||
by adding Section 250.009 to read as follows: | ||
Sec. 250.009. REGULATION OF OPEN-ENROLLMENT CHARTER | ||
SCHOOLS. (a) In this section, "open-enrollment charter school" | ||
means a school granted a charter under Subchapter D or E, Chapter | ||
12, Education Code. | ||
(b) A municipality, county, or political subdivision may | ||
not enact or enforce an ordinance, order, regulation, resolution, | ||
rule, or policy that prohibits an open-enrollment charter school | ||
from operating at any location or within any zoning district in the | ||
municipality, county, or political subdivision. | ||
(c) This section does not otherwise affect the authority | ||
granted by state law to a municipality, county, or political | ||
subdivision to regulate an 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. 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) [ |
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schools [ |
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(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 6. 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 7. 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, 2019. | ||
COMMITTEE AMENDMENT NO. | 1 | |
Amend H.B. 3155 (introduced version) by striking SECTION 3 of | ||
the bill (page 4, lines 3-16) and renumbering subsequent SECTIONS | ||
accordingly. | ||
Dutton | ||