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.