88R12567 ANG-F     By: Bowers H.B. No. 5086       A BILL TO BE ENTITLED   AN ACT   relating to an application for a charter for an open-enrollment   charter school and to the expansion of a request for the revision of   a charter for an open-enrollment charter school.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 12.101(b-4), Education Code, is amended   to read as follows:          (b-4)  Notwithstanding Section 12.114 and subject to Section   12.1131, approval of the commissioner under Section 12.114 [that   section] is not required for establishment of a new open-enrollment   charter school campus if the requirements of this subsection are   satisfied. A charter holder having an accreditation status of   accredited and at least 50 percent of its student population in   grades assessed under Subchapter B, Chapter 39, or at least 50   percent of the students in the grades assessed having been enrolled   in the school for at least three school years may establish one or   more new campuses under an existing charter held by the charter   holder if:                (1)  the charter holder is currently evaluated under   the standard accountability procedures for evaluation under   Chapter 39 and received a district rating in the highest or second   highest performance rating category under Subchapter C, Chapter 39,   for three of the last five years with at least 75 percent of the   campuses rated under the charter also receiving a rating in the   highest or second highest performance rating category and with no   campus with a rating in the lowest performance rating category in   the most recent ratings;                (2)  the charter holder provides written notice to the   commissioner of the establishment of any campus under this   subsection in the time, manner, and form provided by rule of the   commissioner; and                (3)  not later than the 60th day after the date the   charter holder provides written notice under Subdivision (2), the   commissioner does not provide written notice to the charter holder   that the commissioner has determined that the charter holder does   not satisfy the requirements of this section.          SECTION 2.  Subchapter D, Chapter 12, Education Code, is   amended by adding Section 12.1131 to read as follows:          Sec. 12.1131.  SPECIFIC LOCATION OR ATTENDANCE ZONE   INFORMATION REQUIRED. The commissioner may not approve an   application for a charter for an open-enrollment charter school   under Section 12.110, allow a charter holder to establish a new   open-enrollment charter school campus as authorized under Section   12.101(b-4), or approve a request for a revision of a charter for an   open-enrollment charter school under Section 12.114 for the   addition of a new campus or site, the relocation of an existing   campus or site, or the expansion of the geographical area or grade   levels served by the open-enrollment charter school unless:                (1)  the application for the charter, notice of the   establishment of the campus, or request for revision of the   charter, as applicable, proposes a specific location or attendance   zone for each proposed campus; and                (2)  the proposed location or attendance zone of each   proposed campus is not located in the attendance zone of a school   district campus that:                      (A)  serves similar grade levels as the charter   school campus; and                      (B)  received an overall performance rating of A   or B for the preceding school year.          SECTION 3.  Section 12.1131, Education Code, as added by   this Act, applies only to an application for a charter for an   open-enrollment charter school, a notice of the establishment of an   open-enrollment charter school campus, or a request for approval   for a revision of a charter, as applicable, submitted on or after   the effective date of this Act.          SECTION 4.  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, 2023.