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  85R355 MK-D
 
  By: Dutton H.B. No. 171
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain facilities transactions between school
  districts and charter schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.1542, Education Code, is amended to
  read as follows:
         Sec. 11.1542.  FACILITIES TRANSACTIONS BETWEEN DISTRICTS
  AND CHARTER SCHOOLS [OPEN-ENROLLMENT CHARTER SCHOOL OFFER FOR
  DISTRICT FACILITY]. (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. The terms of the lease or sale may not
  restrict the ability of the charter holder to use the facility for
  classroom or other instructional purposes [The board of trustees of
  an independent school district that intends to sell, lease, or
  allow use for a purpose other than a district purpose of an unused
  or underused district facility must give each open-enrollment
  charter school located wholly or partly within the boundaries of
  the district the opportunity to make an offer to purchase, lease, or
  use the facility, as applicable, in response to any terms
  established by the board of trustees, before offering the facility
  for sale or lease or to any other specific entity].
         (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 [This section does not
  require the board of trustees of a school district to accept an
  offer made by an open-enrollment charter school].
         SECTION 2.  This Act applies only to a contract entered into
  by a school district and a charter holder of an open-enrollment
  charter school on or after the effective date of this Act.  A
  contract entered into between a school district and a charter
  holder 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, 2017.