reglab/housing_qa huggingface dataset:
TX Educ Code § 12.1051 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle C - Local Organization and Governance|Chapter 12 - Charters|Subchapter D. Open-Enrollment Charter School|Section 12.1051. Applicability of Open Meetings and Public Information Laws

Sec. 12.1051.  APPLICABILITY OF OPEN MEETINGS AND PUBLIC INFORMATION LAWS.  (a)  With respect to the operation of an open-enrollment charter school, the governing body of a charter holder and the governing body of an open-enrollment charter school are considered to be governmental bodies for purposes of Chapters 551 and 552, Government Code.(b)  With respect to the operation of an open-enrollment charter school, any requirement in Chapter 551 or 552, Government Code, or another law that concerns open meetings or the availability of information, that applies to a school district, the board of trustees of a school district, or public school students applies to an open-enrollment charter school, the governing body of a charter holder, the governing body of an open-enrollment charter school, or students attending an open-enrollment charter school.|Amended by Acts 1999, 76th Leg., ch. 1335, Sec. 1, eff. June 19, 1999.  Renumbered from Sec. 12.105(b) and amended by Acts 2001, 77th Leg., ch. 1504, Sec. 6, eff. Sept. 1, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 3.01, eff. September 1, 2007.|
TX Educ Code § 12.1052 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle C - Local Organization and Governance|Chapter 12 - Charters|Subchapter D. Open-Enrollment Charter School|Section 12.1052. Applicability of Laws Relating to Local Government Records

Sec. 12.1052.  APPLICABILITY OF LAWS RELATING TO LOCAL GOVERNMENT RECORDS.  (a)  With respect to the operation of an open-enrollment charter school, an open-enrollment charter school is considered to be a local government for purposes of Subtitle C, Title 6, Local Government Code, and Subchapter J, Chapter 441, Government Code.(b)  Records of an open-enrollment charter school and records of a charter holder that relate to an open-enrollment charter school are government records for all purposes under state law.(c)  Any requirement in Subtitle C, Title 6, Local Government Code, or Subchapter J, Chapter 441, Government Code, that applies to a school district, the board of trustees of a school district, or an officer or employee of a school district applies to an open-enrollment charter school, the governing body of a charter holder, the governing body of an open-enrollment charter school, or an officer or employee of an open-enrollment charter school except that the records of an open-enrollment charter school that ceases to operate shall be transferred in the manner prescribed by Subsection (d).(d)  The records of an open-enrollment charter school that ceases to operate shall be transferred in the manner specified by the commissioner to a custodian designated by the commissioner.  The commissioner may designate any appropriate entity to serve as custodian, including the agency, a regional education service center, or a school district.  In designating a custodian, the commissioner shall ensure that the transferred records, including student and personnel records, are transferred to a custodian capable of:(1)  maintaining the records;(2)  making the records readily accessible to students, parents, former school employees, and other persons entitled to access;  and(3)  complying with applicable state or federal law restricting access to the records.(e)  If the charter holder of an open-enrollment charter school that ceases to operate or an officer or employee of such a school refuses to transfer school records in the manner specified by the commissioner under Subsection (d), the commissioner may ask the attorney general to petition a court for recovery of the records.  If the court grants the petition, the court shall award attorney's fees and court costs to the state.|Added by Acts 2001, 77th Leg., ch. 1504, Sec. 6, eff. Sept. 1, 2001.|
TX Educ Code § 12.1053 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle C - Local Organization and Governance|Chapter 12 - Charters|Subchapter D. Open-Enrollment Charter School|Section 12.1053. Applicability of Laws Relating to Public Purchasing and Contracting

Sec. 12.1053.  APPLICABILITY OF LAWS RELATING TO PUBLIC PURCHASING AND CONTRACTING.  (a)  This section applies to an open-enrollment charter school unless the school's charter otherwise describes procedures for purchasing and contracting and the procedures are approved by the commissioner.(b)  An open-enrollment charter school is considered to be:(1)  a governmental entity for purposes of:(A)  Subchapter D, Chapter 2252, Government Code;  and(B)  Subchapter B, Chapter 271, Local Government Code;(2)  a political subdivision for purposes of Subchapter A, Chapter 2254, Government Code;  and(3)  a local government for purposes of Sections 2256.009-2256.016, Government Code.(c)  To the extent consistent with this section, a requirement in a law listed in this section that applies to a school district or the board of trustees of a school district applies to an open-enrollment charter school, the governing body of a charter holder, or the governing body of an open-enrollment charter school.|Added by Acts 2001, 77th Leg., ch. 1504, Sec. 6, eff. Sept. 1, 2001.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 15, eff. September 1, 2013.|
TX Educ Code § 12.1054 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle C - Local Organization and Governance|Chapter 12 - Charters|Subchapter D. Open-Enrollment Charter School|Section 12.1054. Applicability of Laws Relating to Conflict of Interest

Sec. 12.1054.  APPLICABILITY OF LAWS RELATING TO CONFLICT OF INTEREST.  (a)  A member of the governing body of a charter holder, a member of the governing body of an open-enrollment charter school, or an officer of an open-enrollment charter school is considered to be a local public official for purposes of Chapter 171, Local Government Code.  For purposes of that chapter:(1)  a member of the governing body of a charter holder or a member of the governing body or officer of an open-enrollment charter school is considered to have a substantial interest in a business entity if a person related to the member or officer in the third degree by consanguinity or affinity, as determined under Chapter 573, Government Code, has a substantial interest in the business entity under Section 171.002, Local Government Code;(2)  notwithstanding any provision of Section 12.1054(1), an employee of an open-enrollment charter school rated acceptable or higher under Section 39.054 for at least two of the preceding three school years may serve as a member of the governing body of the charter holder of the governing body of the school if the employees do not constitute a quorum of the governing body or any committee of the governing body; however, all members shall comply with the requirements of Sections 171.003-171.007, Local Government Code.(b)  To the extent consistent with this section, a requirement in a law listed in this section that applies to a school district or the board of trustees of a school district applies to an open-enrollment charter school, the governing body of a charter holder, or the governing body of an open-enrollment charter school.|Added by Acts 2001, 77th Leg., ch. 1504, Sec. 6, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 17, eff. June 19, 2009.|
TX Educ Code § 12.1055 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle C - Local Organization and Governance|Chapter 12 - Charters|Subchapter D. Open-Enrollment Charter School|Section 12.1055. Applicability of Nepotism Laws

Sec. 12.1055.  APPLICABILITY OF NEPOTISM LAWS.  (a)  An open-enrollment charter school is subject to a prohibition, restriction, or requirement, as applicable, imposed by state law or by a rule adopted under state law, relating to nepotism under Chapter 573, Government Code.(b)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1140, Sec. 47(1), eff. September 1, 2013.(c)  Section 11.1513(f) applies to an open-enrollment charter school as though the governing body of the school were the board of trustees of a school district and to the superintendent or, as applicable, the administrator serving as educational leader and chief executive officer of the school as though that person were the superintendent of a school district.(d)  Notwithstanding any other provision of this section, a person who was not restricted or prohibited under this section as this section existed before September 1, 2013, from being employed by an open-enrollment charter school and who was employed by an open-enrollment charter school before September 1, 2013, is considered to have been in continuous employment as provided by Section 573.062(a), Government Code, and is not prohibited from continuing employment with the school.|Added by Acts 2001, 77th Leg., ch. 1504, Sec. 6, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 18, eff. June 19, 2009.Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 16, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 47(1), eff. September 1, 2013.|
TX Educ Code § 12.1056 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle C - Local Organization and Governance|Chapter 12 - Charters|Subchapter D. Open-Enrollment Charter School|Section 12.1056. Immunity From Liability and Suit

Sec. 12.1056.  IMMUNITY FROM LIABILITY AND SUIT.  (a) In matters related to operation of an open-enrollment charter school, an open-enrollment charter school or charter holder is immune from liability and suit to the same extent as a school district, and the employees and volunteers of the open-enrollment charter school or charter holder are immune from liability and suit to the same extent as school district employees and volunteers.  A member of the governing body of an open-enrollment charter school or of a charter holder is immune from liability and suit to the same extent as a school district trustee.(b)  An open-enrollment charter school is a governmental unit as defined by Section 101.001, Civil Practice and Remedies Code, and is subject to liability only as provided by Chapter 101, Civil Practice and Remedies Code, and only in the manner that liability is provided by that chapter for a school district.(c)  An open-enrollment charter school is a local government as defined by Section 102.001, Civil Practice and Remedies Code, and a payment on a tort claim must comply with Chapter 102, Civil Practice and Remedies Code.(d)  An open-enrollment charter school is a local governmental entity as defined by Section 271.151, Local Government Code, and is subject to liability on a contract as provided by Subchapter I, Chapter 271, Local Government Code, and only in the manner that liability is provided by that subchapter for a school district.|Amended by Acts 1999, 76th Leg., ch. 1335, Sec. 1, eff. June 19, 1999.  Renumbered from Sec. 12.105(c) and amended by Acts 2001, 77th Leg., ch. 1504, Sec. 6, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 922 (H.B. 1171), Sec. 1, eff. June 18, 2015.|
TX Educ Code § 12.1057 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle C - Local Organization and Governance|Chapter 12 - Charters|Subchapter D. Open-Enrollment Charter School|Section 12.1057. Membership in Teacher Retirement System of Texas

Sec. 12.1057.  MEMBERSHIP IN TEACHER RETIREMENT SYSTEM OF TEXAS.  (a)  An employee of an open-enrollment charter school who qualifies for membership in the Teacher Retirement System of Texas shall be covered under the system to the same extent a qualified employee of a school district is covered.(b)  For each employee of the school covered under the system, the school is responsible for making any contribution that otherwise would be the legal responsibility of the school district, and the state is responsible for making contributions to the same extent it would be legally responsible if the employee were a school district employee.|Amended by Acts 1999, 76th Leg., ch. 1335, Sec. 1, eff. June 19, 1999.  Renumbered from Sec. 12.105(d) and amended by Acts 2001, 77th Leg., ch. 1504, Sec. 6, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 2, eff. September 1, 2005.Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 17, eff. September 1, 2013.|
TX Educ Code § 12.1059 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle C - Local Organization and Governance|Chapter 12 - Charters|Subchapter D. Open-Enrollment Charter School|Section 12.1059. Requirements for Employment of Certain Employees

Sec. 12.1059.  REQUIREMENTS FOR EMPLOYMENT OF CERTAIN EMPLOYEES.  A person may not be employed by or serve as a teacher, librarian, educational aide, administrator, or school counselor for an open-enrollment charter school unless:(1)  the person has been approved by the agency following a review of the person's national criminal history record information as provided by Section 22.0832; and(2)  the school has confirmed that the person is not included in the registry under Section 22.092.|Added by Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 2, eff. June 15, 2007.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 3, eff. June 14, 2013.Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.006, eff. September 1, 2019.|For expiration of Subsections (a-5) and (a-6), see Subsection (a-6).
TX Educ Code § 12.1061 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle C - Local Organization and Governance|Chapter 12 - Charters|Subchapter D. Open-Enrollment Charter School|Section 12.1061. Recovery of Certain Funds

Sec. 12.1061.  RECOVERY OF CERTAIN FUNDS.  The commissioner may not garnish or otherwise recover funds paid to an open-enrollment charter school under Section 12.106 if:(1)  the basis of the garnishment or recovery is that:(A)  the number of students enrolled in the school during a school year exceeded the student enrollment described by the school's charter during that period;  and(B)  the school received funding under Section 12.106 based on the school's actual student enrollment;(2)  the school:(A)  submits to the commissioner a timely request to revise the maximum student enrollment described by the school's charter and the commissioner does not notify the school in writing of an objection to the proposed revision before the 90th day after the date on which the commissioner received the request, provided that the number of students enrolled at the school does not exceed the enrollment described by the school's request;  or(B)  exceeds the maximum student enrollment described by the school's charter only because a court mandated that a specific child enroll in that school;  and(3)  the school used all funds received under Section 12.106 to provide education services to students.|Added by Acts 2003, 78th Leg., ch. 1048, Sec. 1, eff. June 20, 2003.|
TX Educ Code § 12.107 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle C - Local Organization and Governance|Chapter 12 - Charters|Subchapter D. Open-Enrollment Charter School|Section 12.107. Status and Use of Funds

Sec. 12.107.  STATUS AND USE OF FUNDS.  (a)  Funds received under Section 12.106 after September 1, 2001, by a charter holder:(1)  are considered to be public funds for all purposes under state law;(2)  are held in trust by the charter holder for the benefit of the students of the open-enrollment charter school;(3)  may be used only for a purpose for which a school may use local funds under Section 45.105(c);(4)  pending their use, must be deposited into a bank, as defined by Section 45.201, with which the charter holder has entered into a depository contract; and(5)  may not:(A)  be pledged or used to secure loans or bonds for any other organization, including a non-charter operation or out-of-state operation conducted by the charter holder or a related party, as defined by commissioner rule adopted under Section 12.1166; or(B)  be used to support an operation or activity not related to the educational activities of the charter holder.(b)  A charter holder shall deliver to the agency a copy of the depository contract between the charter holder and any bank into which state funds are deposited.|Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 7, eff. Sept. 1, 2001.Amended by: Acts 2019, 86th Leg., R.S., Ch. 631 (S.B. 1454), Sec. 4, eff. June 10, 2019.|
TX Educ Code § 12.1071 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle C - Local Organization and Governance|Chapter 12 - Charters|Subchapter D. Open-Enrollment Charter School|Section 12.1071. Effect of Accepting State Funding

Sec. 12.1071.  EFFECT OF ACCEPTING STATE FUNDING.  (a)  A charter holder who accepts state funds under Section 12.106 after the effective date of a provision of this subchapter agrees to be subject to that provision, regardless of the date on which the charter holder's charter was granted.(b)  A charter holder who accepts state funds under Section 12.106 after September 1, 2001, agrees to accept all liability under this subchapter for any funds accepted under that section before September 1, 2001.  This subsection does not create liability for charter holder conduct occurring before September 1, 2001.|Added by Acts 2001, 77th Leg., ch. 1504, Sec. 8, eff. Sept. 1, 2001.|
TX Educ Code § 12.108 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle C - Local Organization and Governance|Chapter 12 - Charters|Subchapter D. Open-Enrollment Charter School|Section 12.108. Tuition and Fees Restricted

Sec. 12.108.  TUITION AND FEES RESTRICTED.  (a)  An open-enrollment charter school may not charge tuition to an eligible student who applies under Section 12.117.(b)  The governing body of an open-enrollment charter school may require a student to pay any fee that the board of trustees of a school district may charge under Section 11.158(a).  The governing body may not require a student to pay a fee that the board of trustees of a school district may not charge under Section 11.158(b).|Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 9, eff. Sept. 1, 2001.|
TX Educ Code § 12.109 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle C - Local Organization and Governance|Chapter 12 - Charters|Subchapter D. Open-Enrollment Charter School|Section 12.109. Transportation

Sec. 12.109.  TRANSPORTATION.  An open-enrollment charter school shall provide transportation to each student attending the school to the same extent a school district is required by law to provide transportation to district students.|Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.|
TX Educ Code § 12.110 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle C - Local Organization and Governance|Chapter 12 - Charters|Subchapter D. Open-Enrollment Charter School|Section 12.110. Application

Sec. 12.110.  APPLICATION.  (a)  The commissioner shall adopt:(1)  an application form and a procedure that must be used to apply for a charter for an open-enrollment charter school; and(2)  criteria to use in selecting a program for which to grant a charter.(b)  The application form must provide for including the information required under Section 12.111 to be contained in a charter.(c)  As part of the application procedure, the commissioner may require a petition supporting a charter for a school signed by a specified number of parents or guardians of school-age children residing in the area in which a school is proposed or may hold a public hearing to determine parental support for the school.(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.(e)  The commissioner shall give priority to applications that propose an open-enrollment charter school campus to be located in the attendance zone of a school district campus assigned an unacceptable performance rating under Section 39.054 for the two preceding school years.|Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 18, eff. September 1, 2013.|
TX Educ Code § 12.1101 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle C - Local Organization and Governance|Chapter 12 - Charters|Subchapter D. Open-Enrollment Charter School|Section 12.1101. Notification of Charter Application or Establishment of Campus

Sec. 12.1101.  NOTIFICATION OF CHARTER APPLICATION OR ESTABLISHMENT OF CAMPUS.  The commissioner by rule shall adopt a procedure for providing notice to the following persons on receipt by the commissioner of an application for a charter for an open-enrollment charter school under Section 12.110 or of notice of the establishment of a campus as authorized under Section 12.101(b-4):(1)  the superintendent and the board of trustees of each school district from which the proposed open-enrollment charter school or campus is likely to draw students, as determined by the commissioner; and(2)  each member of the legislature that represents the geographic area to be served by the proposed school or campus, as determined by the commissioner.|Added by Acts 2001, 77th Leg., ch. 1504, Sec. 10, eff. Sept. 1, 2001.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 19, eff. September 1, 2013.Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 2.02, eff. June 10, 2019.|
TX Educ Code § 12.112 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle C - Local Organization and Governance|Chapter 12 - Charters|Subchapter D. Open-Enrollment Charter School|Section 12.112. Form

Sec. 12.112.  FORM.  A charter for an open-enrollment charter school shall be in the form of a written contract signed by the commissioner and the chief operating officer of the school.|Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 21, eff. September 1, 2013.|
TX Educ Code § 12.113 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle C - Local Organization and Governance|Chapter 12 - Charters|Subchapter D. Open-Enrollment Charter School|Section 12.113. Charter Granted

Sec. 12.113.  CHARTER GRANTED.  (a)  Each charter the commissioner grants for an open-enrollment charter school must:(1)  satisfy this subchapter; and(2)  include the information that is required under Section 12.111 consistent with the information provided in the application and any modification the commissioner requires.(b)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1140, Sec. 47(2), eff. September 1, 2013.|Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 11, eff. Sept. 1, 2001.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 22, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 47(2), eff. September 1, 2013.|