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A BILL TO BE ENTITLED
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AN ACT
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relating to certain facilities transactions between school |
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districts and charter schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.1542, Education Code, is amended to |
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read as follows: |
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Sec. 11.1542. FACILITIES TRANSACTIONS BETWEEN DISTRICTS |
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AND CHARTER SCHOOLS [OPEN-ENROLLMENT CHARTER SCHOOL OFFER FOR
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DISTRICT FACILITY]. (a) This subsection applies only to an |
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independent school district facility or portion of a district |
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facility that is identified by the commissioner in accordance with |
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commissioner rule adopted under Subsection (b) as being unused or |
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underutilized by the district. If the charter holder of an |
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open-enrollment charter school makes a written offer to a district |
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to lease or purchase, for use by the open-enrollment charter |
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school, a district facility or portion of a district facility |
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identified as being unused or underutilized, the district must |
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lease or sell, as applicable, the facility or portion of the |
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facility to the charter holder for use by the open-enrollment |
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charter school. The lease or sale price must be at fair market value |
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and may be on other terms agreed to by the charter holder and |
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district board of trustees. The terms of the lease or sale may not |
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restrict the ability of the charter holder to use the facility for |
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classroom or other instructional purposes [The board of trustees of
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an independent school district that intends to sell, lease, or
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allow use for a purpose other than a district purpose of an unused
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or underused district facility must give each open-enrollment
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charter school located wholly or partly within the boundaries of
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the district the opportunity to make an offer to purchase, lease, or
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use the facility, as applicable, in response to any terms
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established by the board of trustees, before offering the facility
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for sale or lease or to any other specific entity]. |
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(b) For purposes of Subsection (a), the commissioner shall |
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by rule adopt a procedure and criteria for determining whether a |
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school district facility or a portion of a district facility is |
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unused or underutilized by the district. Each year, the |
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commissioner shall, using the procedure and criteria adopted, |
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identify for each district any district facility or portion of a |
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district facility that is unused or underutilized. Each year, the |
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agency shall post on the agency's Internet website a list of each |
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district's unused or underutilized facilities and portions of |
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facilities. At the request of an open-enrollment charter school, a |
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district shall provide to the charter school a list of unused and |
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underutilized district facilities and portions of district |
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facilities as identified by the commissioner [This section does not
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require the board of trustees of a school district to accept an
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offer made by an open-enrollment charter school]. |
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SECTION 2. This Act applies only to a contract entered into |
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by a school district and a charter holder of an open-enrollment |
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charter school on or after the effective date of this Act. A |
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contract entered into between a school district and a charter |
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holder before the effective date of this Act is governed by the law |
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in effect on the date the contract is entered into, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |