Tex. Educ. Code Section 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 (Interlocal Cooperation Contracts), Government Code;

(2)

a local government for purposes of Chapter 2259 (Self-insurance by Governmental Units), Government Code, except that an open-enrollment charter school may not issue public securities as provided by Section 2259.031 (Establishment of Fund)(b), Government Code;

(3)

a political subdivision for purposes of Chapter 172 (Texas Political Subdivisions Uniform Group Benefits Program), Local Government Code;

(4)

a local governmental entity for purposes of Subchapter I (Definitions), Chapter 271 (Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments), Local Government Code;

(5)

a political subdivision for purposes of Section 180.008 (Prohibition on Use of Public Money to Settle or Pay Sexual Harassment Claims), Local Government Code;

(6)

a political subdivision for purposes of Section 16.061 (Rights Not Barred), Civil Practice and Remedies Code, with respect to any property purchased, leased, constructed, renovated, or improved with state funds under Section 12.128 (Property Purchased or Leased with State Funds) of this code; and

(7)

a political subdivision for purposes of Section 11.11 (Public Property), 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 (Workers’ Compensation Insurance Coverage for Employees of Political Subdivisions), 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 (Workers’ Compensation Insurance Coverage for Employees of Political Subdivisions), Labor Code. An open-enrollment charter school that self-insures either individually or collectively under Chapter 504 (Workers’ Compensation Insurance Coverage for Employees of Political Subdivisions), 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 (Authorization)(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 (School District and Open-enrollment Charter School Land Development Standards), 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 (Authority of Political Subdivision to Pay Fees), Local Government Code, for the purposes of the collection of impact fees imposed under Chapter 395 (Financing Capital Improvements Required by New Development in Municipalities, Counties, and Certain Other Local Governments), 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 (Notification of Charter Application or Establishment of Campus), 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 (Property Purchased or Leased with State Funds).

(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 (Charters) or a management company providing management services to the nonprofit entity is considered a governmental body for purposes of Chapter 552 (Public Information), 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 (Public Information), 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.

Source: Section 12.1058 — Applicability of Other Laws, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­12.­htm#12.­1058 (accessed Mar. 23, 2024).

12.001
Purposes of Chapter
12.002
Classes of Charter
12.003
Authority of Board of Trustees to Grant Other Charters
12.0011
Alternative Method of Operation
12.011
Authorization and Status
12.012
Applicability of Laws and Rules to Home-rule School District
12.013
Applicability of Title
12.014
Appointment of Charter Commission
12.015
Charter Commission
12.016
Content
12.017
Determination of Compliance with Voting Rights Act
12.018
Legal Review
12.019
Charter Election
12.020
Charter Amendment
12.021
Adoption of Charter or Charter Amendment
12.022
Minimum Voter Turnout Required
12.023
Certification of Charter or Charter Amendment
12.024
Effect of Recording Charter or Charter Amendment
12.025
Governance
12.026
Change in Governing Body
12.027
Basis for Placement on Probation or Revocation of Charter
12.028
Procedure for Placement on Probation or Revocation
12.029
Status of District in Case of Annexation or Consolidation
12.030
Rescission of Charter
12.051
Definitions
12.052
Authorization
12.053
Cooperative Campus Charter
12.054
Authority Under Charter
12.055
Applicability of Laws and Rules to Campus or Program Granted Charter
12.056
Applicability of Title
12.057
Status
12.058
Charter Policy
12.059
Content
12.060
Form
12.061
Charter Granted
12.062
Revision
12.063
Basis for Placement on Probation or Revocation
12.064
Procedure for Placement on Probation or Revocation
12.065
Admission
12.101
Authorization
12.102
Authority Under Charter
12.103
General Applicability of Laws, Rules, and Ordinances to Open-enrollment Charter School
12.104
Applicability of Title
12.105
Status
12.106
State Funding
12.107
Status and Use of Funds
12.108
Tuition and Fees Restricted
12.109
Transportation
12.110
Application
12.111
Content
12.112
Form
12.113
Charter Granted
12.114
Revision
12.115
Basis for Charter Revocation or Modification of Governance
12.116
Procedure for Revocation, Modification of Governance, or Denial of Renewal
12.117
Admission
12.118
Evaluation of Open-enrollment Charter Schools
12.119
Bylaws
12.120
Restrictions on Serving as Member of Governing Body of Charter Holder or Open-enrollment Charter School or as Officer or Employee
12.121
Responsibility for Open-enrollment Charter School
12.122
Liability of Members of Governing Body of Open-enrollment Charter School
12.123
Training for Members of Governing Body of School and Officers
12.124
Loans from Management Company Prohibited
12.125
Contract for Management Services
12.126
Certain Management Services Contracts Prohibited
12.127
Liability of Management Company
12.128
Property Purchased or Leased with State Funds
12.129
Minimum Qualifications for Principals and Teachers
12.130
Notice of Teacher Qualifications
12.131
Removal of Students to Disciplinary Alternative Education Program
12.132
Use of Municipal Funds for Charter School Land or Facilities
12.133
Wage Increase for Certain Professional Staff
12.135
Designation as Charter District for Purposes of Bond Guarantee
12.136
Posting of Chief Executive Officer Salary
12.137
Certain Charter Holders Authorized to Provide Combined Services for Certain Adult and High School Dropout Recovery Programs
12.141
Reclaimed Funds
12.151
Definitions
12.152
Authorization
12.153
Rules
12.154
Content
12.155
School Name
12.156
Applicability of Certain Provisions
12.251
Definitions
12.252
Applicability of Certain Provisions
12.253
Purpose
12.254
Advisory Committee
12.255
Authorization for Charter
12.256
Eligible Entities
12.257
Application
12.258
Student Eligibility
12.259
Adult Education Program
12.260
Assessment Instrument
12.261
Expansion Amendment
12.262
Accountability
12.263
Adult Education Program Funding
12.264
Gifts, Grants, and Donations
12.265
Rules
12.0271
Failure to Discharge or Refuse to Hire Certain Employees or Applicants
12.0521
Alternative Authorization
12.0522
District Charter Authorization
12.0531
Performance Contract
12.0532
Neighborhood School
12.0631
Failure to Discharge or Refuse to Hire Certain Employees or Applicants
12.1011
Charter Authorization for High-performing Entities
12.1012
Definitions
12.1013
Charter Authorizer Accountability
12.1014
Authorization for Grant of Charters for Schools Primarily Serving Students with Disabilities
12.1051
Applicability of Open Meetings and Public Information Laws
12.1052
Applicability of Laws Relating to Local Government Records
12.1053
Applicability of Laws Relating to Public Purchasing and Contracting
12.1054
Applicability of Laws Relating to Conflict of Interest
12.1055
Applicability of Nepotism Laws
12.1056
Immunity from Liability and Suit
12.1057
Membership in Teacher Retirement System of Texas
12.1058
Applicability of Other Laws
12.1059
Requirements for Employment of Certain Employees
12.1061
Recovery of Certain Funds
12.1071
Effect of Accepting State Funding
12.1101
Notification of Charter Application or Establishment of Campus
12.1141
Renewal of Charter
12.1151
Failure to Discharge or Refuse to Hire Certain Employees or Applicants
12.1161
Effect of Revocation, Denial of Renewal, or Surrender of Charter
12.1162
Additional Sanctions
12.1163
Audit by Commissioner
12.1164
Notice to Teacher Retirement System of Texas
12.1166
Related Party Transactions
12.1167
Appraisal of Certain Property
12.1168
Financial Report of Certain Schools
12.1171
Admission to Open-enrollment Charter Schools Specializing in Performing Arts
12.1173
Common Admission Application Form
12.1174
Enrollment and Waiting List Report
12.1181
Performance Frameworks
12.1202
Requirement for Majority of Members of Governing Body
12.1211
Names of Members of Governing Body Listed on Website
12.1281
Disposition of Property Purchased with State Funds
12.1282
Transfer of Property Purchased with State Funds
12.1283
Sale of Property Purchased with State Funds
12.1284
Closure of Charter School Operations
12.2565
Application Process
12.10125
Open-enrollment Charter School Not in Operation

Accessed:
Mar. 23, 2024

§ 12.1058’s source at texas​.gov