89R1058 CXP-D     By: Johnson S.B. No. 560       A BILL TO BE ENTITLED   AN ACT   relating to an application for the establishment of a new   open-enrollment charter school campus or site.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 12.1101, Education Code, is amended to   read as follows:          Sec. 12.1101.  NOTIFICATION OF CHARTER APPLICATION [OR   ESTABLISHMENT OF CAMPUS]. The commissioner by rule shall adopt a   procedure for providing notice to the following persons on receipt   by the commissioner of an application for a charter for an   open-enrollment charter school under Section 12.110 [or of notice   of the establishment of a campus as authorized under Section   12.101(b-4)]:                (1)  the superintendent and the board of trustees of   each school district from which the proposed open-enrollment   charter school [or campus] is likely to draw students, as   determined by the commissioner; and                (2)  each member of the legislature who [that]   represents the geographic area to be served by the proposed school   [or campus], as determined by the commissioner.          SECTION 2.  Section 12.114, Education Code, is amended by   amending Subsection (c) and adding Subsection (c-1) to read as   follows:          (c)  Not later than the 60th day after the date that a charter   holder submits to the commissioner a completed request for approval   for an expansion amendment, as defined by commissioner rule,   [including a new school amendment,] the commissioner shall provide   to the charter holder written notice of approval or disapproval of   the amendment.          (c-1)  This section does not apply to an application for the   establishment of a new open-enrollment charter school campus or   site under Section 12.1142.          SECTION 3.  Subchapter D, Chapter 12, Education Code, is   amended by adding Section 12.1142 to read as follows:          Sec. 12.1142.  APPLICATION FOR ESTABLISHMENT OF NEW   OPEN-ENROLLMENT CHARTER SCHOOL CAMPUS OR SITE. (a) A charter   holder may submit to the commissioner an application to establish a   new open-enrollment charter school campus or site as provided by   this section.  The application must include the zip code of the   proposed campus or site.          (b)  As soon as practicable after an application for a new   campus or site is submitted, the agency shall prepare a report that   includes a fiscal note estimating the total cost to the state and   the potential revenue loss for each affected school district for   the 10-year period following the establishment of the proposed   campus or site.          (c)  The commissioner shall post to the agency's Internet   website each application received under this section along with the   report prepared under Subsection (b) for that application and shall   provide notice of each application and a copy of the report to:                (1)  the superintendent and the board of trustees of   each school district from which the proposed campus or site is   likely to draw students, as determined by the commissioner; and                (2)  each member of the legislature who represents the   geographic area to be served by the proposed campus or site, as   determined by the commissioner.          (d)  Not sooner than 60 days after notice of an application   and a report prepared for that application are posted to the   agency's Internet website and provided to the persons listed under   Subsection (c), the commissioner shall submit to the State Board of   Education any application the commissioner proposes to approve and:                (1)  the report prepared under Subsection (b); and                (2)  any impact statements submitted to the   commissioner by a school district whose enrollment is likely to be   affected by the proposed campus or site.          (e)  Unless, before the 90th day after the date on which the   State Board of Education receives an application proposing to   establish a new open-enrollment charter school campus or site, a   majority of the members of the board present and voting vote against   the charter holder's proposal, the application is approved and the   charter holder's proposal takes effect.          (f)  The commissioner shall adopt rules regarding the   consideration of applications under this section that:                (1)  allow a charter holder to submit an application at   least 36 months before the date proposed for the establishment of   the proposed campus or site; and                (2)  provide for the consideration and approval or   disapproval of each application by the commissioner and the State   Board of Education only during even-numbered years.          SECTION 4.  Sections 12.101(b-4) and (b-10), Education Code,   are repealed.          SECTION 5.  The changes in law made by this Act apply only to   an application for the establishment of a new open-enrollment   charter school campus or site received by the commissioner of   education on or after the effective date of this Act.          SECTION 6.  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, 2025.