87R12425 MLH-D     By: Rodriguez H.B. No. 4003       A BILL TO BE ENTITLED   AN ACT   relating to public comment on an application for or a revision of a   charter for an open-enrollment charter school.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 12.110, Education Code, is amended by   amending Subsection (d) and adding Subsection (d-1) to read as   follows:          (d)  The commissioner shall approve or deny an application   based on:                (1)  documented evidence collected through the   application review process;                (2)  merit; [and]                (3)  other criteria as adopted by the commissioner,   which must include:                      (A)  criteria relating to the capability of the   applicant to carry out the responsibilities provided by the charter   and the likelihood that the applicant will operate a school of high   quality;                      (B)  criteria relating to improving student   performance and encouraging innovative programs; and                      (C)  a statement from any school district whose   enrollment is likely to be affected by the open-enrollment charter   school, including information relating to any financial difficulty   that a loss in enrollment may have on the district; and                (4)  consideration of public comments on the   application received under Subsection (d-1).          (d-1)  Before approving or denying an application received   under Subsection (a), the commissioner shall provide not less than   60 days for public comment on the application.          SECTION 2.  Section 12.114, Education Code, is amended by   adding Subsection (b-1) and amending Subsection (c) to read as   follows:          (b-1)  The commissioner shall provide not less than 60 days   for public comment on a request for approval for an expansion   amendment submitted under this section.          (c)  The [Not later than the 60th day after the date that a   charter holder submits to the] commissioner shall provide to the   charter holder written notice of approval or disapproval of a   completed request for [approval for] an expansion amendment, as   defined by commissioner rule, including a new school amendment, as   soon as practicable and not later than the 10th business day after   the date the period for public comment on the request provided under   Subsection (b-1) expires [the commissioner shall provide to the   charter holder written notice of approval or disapproval of the   amendment].          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, 2021.