85R11448 KKA-D     By: Uresti H.B. No. 2298       A BILL TO BE ENTITLED   AN ACT   relating to the ineligibility of certain persons affiliated with an   open-enrollment charter school for election to or service on the   State Board of Education or a school district board of trustees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 7.103, Education Code, is amended by   amending Subsection (a) and adding Subsections (a-1) and (d) to   read as follows:          (a)  A person is not eligible for election to or service on   the board if the person:                (1)  holds an office with this state or any political   subdivision of this state;                (2)  is:                      (A)  an employee, officer, or member of the   governing body of an open-enrollment charter school; or                      (B)  a member of the governing body of a charter   holder;                (3)  is required to register as a lobbyist under   Chapter 305, Government Code, by virtue of the person's activities   for compensation on behalf of an open-enrollment charter school,   governing body of an open-enrollment charter school, charter   holder, governing body of a charter holder, or management company;                (4)  has an interest in a management company; or                (5)  in any way represents the interests of an   open-enrollment charter school that are directly or indirectly in   conflict with the interests of an independent school district.          (a-1)  For purposes of Subsection (a)(4), a person has an   interest in a management company if:                (1)  the person owns five percent or more of the voting   stock or shares of the management company;                (2)  the person owns five percent or more of the fair   market value of the management company; or                (3)  money received by the person from the management   company exceeds five percent of the person's gross income for the   preceding calendar year.          (d)  In this section, "charter holder," "governing body of a   charter holder," "governing body of an open-enrollment charter   school," "management company," and "officer of an open-enrollment   charter school" have the meanings assigned by Section 12.1012.          SECTION 2.  Section 11.061, Education Code, is amended by   adding Subsections (b-1), (b-2), and (e) to read as follows:          (b-1)  A person may not be elected trustee of an independent   school district or appointed to fill a vacancy on the board of   trustees of an independent school district if the person:                (1)  is:                      (A)  an employee, officer, or member of the   governing body of an open-enrollment charter school; or                      (B)  a member of the governing body of a charter   holder;                (2)  is required to register as a lobbyist under   Chapter 305, Government Code, by virtue of the person's activities   for compensation on behalf of an open-enrollment charter school,   governing body of an open-enrollment charter school, charter   holder, governing body of a charter holder, or management company;                (3)  has an interest in a management company; or                (4)  in any way represents the interests of an   open-enrollment charter school that are directly or indirectly in   conflict with the interests of an independent school district.          (b-2)  For purposes of Subsection (b-1)(3), a person has an   interest in a management company if:                (1)  the person owns five percent or more of the voting   stock or shares of the management company;                (2)  the person owns five percent or more of the fair   market value of the management company; or                (3)  money received by the person from the management   company exceeds five percent of the person's gross income for the   preceding calendar year.          (e)  In this section, "charter holder," "governing body of a   charter holder," "governing body of an open-enrollment charter   school," "management company," and "officer of an open-enrollment   charter school" have the meanings assigned by Section 12.1012.          SECTION 3.  The changes in law made by this Act regarding   eligibility for membership on the State Board of Education or the   board of trustees of an independent school district do not affect   the entitlement of a member serving on the State Board of Education   or the board of trustees of an independent school district   immediately before the effective date of this Act to continue to   carry out the board's functions for the remainder of the member's   term. The changes in law apply only to a member elected or   appointed 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, 2017.