2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter D. Open-Enrollment Charter School › Section 12.1058. Applicability of Other Laws

Sec. 12.1058.  APPLICABILITY OF OTHER LAWS.  (a)  An open-enrollment charter school is considered to be:
(1)  a local government for purposes of Chapter 791, Government Code;
(2)  a local government for purposes of Chapter 2259, Government Code, except that an open-enrollment charter school may not issue public securities as provided by Section 2259.031(b), Government Code;
(3)  a political subdivision for purposes of Chapter 172, Local Government Code;
(4)  a local governmental entity for purposes of Subchapter I, Chapter 271, Local Government Code;
(5)  a political subdivision for purposes of Section 180.008, Local Government Code;
(6)  a political subdivision for purposes of Section 16.061, Civil Practice and Remedies Code, with respect to any property purchased, leased, constructed, renovated, or improved with state funds under Section 12.128 of this code; and
(7)  a political subdivision for purposes of Section 11.11, Tax Code.
(b)  An open-enrollment charter school may elect to extend workers' compensation benefits to employees of the school through any method available to a political subdivision under Chapter 504, Labor Code.  An open-enrollment charter school that elects to extend workers' compensation benefits as permitted under this subsection is considered to be a political subdivision for all purposes under Chapter 504, Labor Code.  An open-enrollment charter school that self-insures either individually or collectively under Chapter 504, Labor Code, is considered to be an insurance carrier for purposes of Subtitle A, Title 5, Labor Code.
(c)  Notwithstanding Subsection (a) or (b), an open-enrollment charter school operated by a tax exempt entity as described by Section 12.101(a)(3) is not considered to be a political subdivision, local government, or local governmental entity unless:
(1)  a statute specifically states that the statute applies to an open-enrollment charter school; or
(2)  a provision in this chapter states that a specific statute applies to an open-enrollment charter school.
(d)  A political subdivision shall consider an open-enrollment charter school a school district for purposes of zoning, project permitting, platting and replatting processes, business licensing, franchises, utility services, signage, subdivision regulation, property development projects, the requirements for posting bonds or securities, contract requirements, land development standards as provided by Section 212.902, Local Government Code, tree and vegetation regulations, regulations of architectural features of a structure, construction of fences, landscaping, garbage disposal, noise levels, fees or other assessments, and construction or site development work if the charter school provides to the political subdivision the certification described by Subsection (e).
(e)  To be considered a school district by a political subdivision in accordance with Subsection (d), the governing body of an open-enrollment charter school must certify in writing to the political subdivision that no administrator, officer, or employee of the charter school and no member of the governing body of the charter school or its charter holder derives any personal financial benefit from a real estate transaction with the charter school.
(f)  An open-enrollment charter school considered a school district under this section shall comply with the same requirements imposed by the political subdivision on a campus of a school district.
(g)  An open-enrollment charter school does not have the power of eminent domain.
(h)  A political subdivision may not consider an open-enrollment charter school a school district under Section 395.022, Local Government Code, for the purposes of the collection of impact fees imposed under Chapter 395, Local Government Code, by the political subdivision for providing capital funding for public water and wastewater facilities.
(i)  A political subdivision may not take any action that prohibits an open-enrollment charter school from operating a public school campus, educational support facility, athletic facility, or administrative office within the political subdivision's jurisdiction or on any specific property located within the jurisdiction of the political subdivision that it could not take against a school district.  A political subdivision shall grant approval in the same manner and follow the same timelines as if the charter school were a school district located in that political subdivision's jurisdiction, provided that, for a new campus, the charter school provide notice, in the manner provided by and to the persons listed in Section 12.1101, of the location of the new campus within 20 business days of closing on the purchase or lease of real property for that campus.
(j)  This section applies to both owned and leased property of the open-enrollment charter school under Section 12.128.
(k)  Except as otherwise provided by this section, this section does not affect the authority granted by state law to a political subdivision to regulate an open-enrollment charter school through applicable health and safety ordinances imposed by the political subdivision.
(l)  In this section, "political subdivision" does not include a school district.
(m)  This subsection applies only to information of a financial nature related to property transactions of an open-enrollment charter school subject to this section.  A nonprofit entity operating an open-enrollment charter school under Chapter 12 or a management company providing management services to the nonprofit entity is considered a governmental body for purposes of Chapter 552, Government Code, and financial information related to property transactions that is managed or possessed by the entity or company is subject to disclosure under Chapter 552, Government Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 1020 (H.B. 1170), Sec. 1, eff. June 19, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 691 (S.B. 2293), Sec. 1, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 551 (S.B. 282), Sec. 3, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 916 (H.B. 3610), Sec. 1, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 699 (H.B. 1707), Sec. 1, eff. June 12, 2023.
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 6.004, eff. September 1, 2023.