Bill Text: TX HB324 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to certain facilities and service provider transactions between school districts and charter schools.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-26 - Left pending in committee [HB324 Detail]
Download: Texas-2013-HB324-Introduced.html
83R3113 VOO-D | ||
By: Dutton | H.B. No. 324 |
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relating to certain facilities and service provider transactions | ||
between school districts and charter schools. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 11, Education Code, is | ||
amended by adding Section 11.1542 to read as follows: | ||
Sec. 11.1542. FACILITIES AND SERVICE PROVIDER TRANSACTIONS | ||
BETWEEN DISTRICTS AND CHARTER SCHOOLS. (a) This subsection | ||
applies only to an independent school district facility or portion | ||
of a district facility that is identified by the commissioner in | ||
accordance with commissioner rule adopted under Subsection (b) as | ||
being unused or underutilized by the district. If the charter | ||
holder of an open-enrollment charter school makes a written offer | ||
to a district to lease or purchase, for use by the open-enrollment | ||
charter school, a district facility or portion of a district | ||
facility identified as being unused or underutilized, the district | ||
must lease or sell, as applicable, the facility or portion of the | ||
facility to the charter holder for use by the open-enrollment | ||
charter school. The lease or sale price must be at fair market | ||
value and may be on other terms agreed to by the charter holder and | ||
district board of trustees. | ||
(b) For purposes of Subsection (a), the commissioner shall | ||
by rule adopt a procedure and criteria for determining whether a | ||
school district facility or a portion of a district facility is | ||
unused or underutilized by the district. Each year, the | ||
commissioner shall, using the procedure and criteria adopted, | ||
identify for each district any district facility or portion of a | ||
district facility that is unused or underutilized. Each year, the | ||
agency shall post on the agency's Internet website a list of each | ||
district's unused or underutilized facilities and portions of | ||
facilities. At the request of an open-enrollment charter school, a | ||
district shall provide to the charter school a list of unused and | ||
underutilized district facilities and portions of district | ||
facilities as identified by the commissioner. | ||
(c) An independent school district may not require a campus | ||
or campus program that has been granted a charter under Subchapter | ||
C, Chapter 12, and that is the result of the conversion of the | ||
status of an existing school district campus to pay rent or to | ||
purchase the campus facility in order to use the facility. | ||
(d) An independent school district may not require a campus | ||
or campus program described by Subsection (c) or an open-enrollment | ||
charter school to pay an amount for any service provided by the | ||
district under a contract between the district and the campus, | ||
campus program, or open-enrollment charter school that is greater | ||
than the amount of the actual costs to the district of providing the | ||
service. | ||
SECTION 2. This Act applies only to a contract entered into | ||
by a school district and a charter school on or after the effective | ||
date of this Act. A contract entered into between a school district | ||
and a charter school before the effective date of this Act is | ||
governed by the law in effect on the date the contract is entered | ||
into, and that law is continued in effect for that purpose. | ||
SECTION 3. 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, 2013. |