TITLE: Relating to the applicability of municipal zoning ordinances to certain open-enrollment charter schools.

SUMMARY: Relating to the applicability of municipal zoning ordinances to certain open-enrollment charter schools.

FULL TEXT:
AN ACT relating to the applicability of municipal zoning ordinances to certain open-enrollment charter schools. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 12.103, Education Code, is amended by amending Subsection (c) and adding Subsections (d), (e), and (f) to read as follows: (c) Notwithstanding Subsection (a) and except as provided by Subsection (d),a campus of an open-enrollment charter school located in whole or in part in a municipality with a population of 20,000 or less is not subject to a municipal zoning ordinance governing public schools. (d) Subsection (c) does not apply to a campus of an open-enrollment charter school located wholly or partly in a municipality adjacent to or surrounded by a municipality that: (1) has a population of one million or more; and (2) is primarily located in a county with a population of 1.5 million or more. (e) A municipality exempt from the application of Subsection (c) under Subsection (d) may not impose a municipal zoning ordinance governing public schools on an open-enrollment charter school that: (1) was located in the municipality on September 1, 2019; or (2) was planned for a location in the municipality before September 1, 2019, provided that: (A) one or more licenses, certificates, permits, approvals, or other forms of authorization by the municipality were required by law for the planned location; and (B) a completed application for the initial authorization was filed with the municipality before September 1, 2019. (f) For purposes of Subsection (e)(2)(B), a completed application is filed if the application includes all documents and other information designated as required by the municipality in a written notice to the applicant. SECTION 2. This Act takes effect September 1, 2019.