HBA-MPM H.B. 712 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 712 By: Krusee Public Education 4/17/1999 Introduced BACKGROUND AND PURPOSE Currently, only the State Board of Education is authorized to grant charters for open-enrollment charter schools. H.B. 712 authorizes the mayors of municipalities with a population of more than 500,000 residents to grant no more than five charters for open-enrollment charter schools per calendar year, and requires the board to assist the mayor in the preparation of charter contracts and to provide assistance and perform any other necessary duties required to establish and operate the schools. This bill also gives the mayor the authority to modify, revoke or renew the granted charter. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section D, Chapter 12, Education Code, by adding Section 12.1012, as follows: Sec. 12.1012. MUNICIPAL CHARTERS. (a) Prohibits the mayor of a municipality with a population of 500,000 or more from granting more than five charters per calendar year to open-enrollment charter schools (charter schools) to be located within the municipality. Excludes charter renewals and charters authorized under this subchapter from the prescribed minimal limitation. (b) Requires an applicant for a charter (applicant) to be an eligible entity as defined in Section 12.101(a), Education Code (Authorization), and to submit an application to the mayor on the form prescribed by the State Board of Education (board) under Section 12.110 (Application) that contains information required under Section 12.111 (Content). (c) Requires a mayor to adopt criteria to use in selecting a program for which to grant a charter. Specifies that the mayor, in adopting criteria, is not subject to Section 12.110(d), which authorizes the board to approve or deny an application based on certain criteria. (d) Requires the board to prepare a written charter contract on behalf of the mayor granting the charter that is to be signed by the mayor, the chief operating officer of the school, and the chair of the board. Requires the board to provide advice and assistance relating to charter schools to a mayor authorized to grant a charter. Requires the board to perform and exercise all other duties and powers relating to charter schools granted a charter that it would otherwise perform and exercise, with the exception that the board must acquire the consent of the mayor prior to revising the charter under Section 12.114 (Revision), modifying or revoking the charter, or placing the charter school on probation under Section 12.115 (Basis for Modification, Placement on Probation, Revocation, or Denial of Renewal); and the mayor granting the charter shall determine whether to renew the charter. (e) Provides that a charter school granted a charter is subject to this code to the same extent as a charter school granted a charter by the board, except as provided by this section. SECTION 2. Emergency clause. Effective date: upon passage.