87R5792 CAE-F     By: Deshotel H.B. No. 1348       A BILL TO BE ENTITLED   AN ACT   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:                (1)  a [the applicable] statute specifically states   that the statute applies to an open-enrollment charter school; or                (2)  a provision in this chapter states that a specific   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 [agreements] between a school district or   open-enrollment charter school [districts] and a [any]   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 [school] district or charter   school and the municipality shall be submitted to an independent   arbitrator appointed by the presiding district judge whose   jurisdiction includes the [school] district or charter school. The   arbitrator shall, after a hearing at which both the [school]   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 [school]   district or charter school and the municipality. The cost of the   arbitration proceeding shall be borne equally by the [school]   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 [it] makes the request, shall send a copy   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)  [,] "Land [land] development standards" includes   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 250.013 to read as follows:          Sec. 250.013.  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 [is] not required to pay impact fees imposed under this chapter   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)  [a] school districts and open-enrollment charter   schools [district].          (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, 2021.