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A BILL TO BE ENTITLED
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AN ACT
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relating to the capacity and usage of school district facilities |
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and the transfer of students between school districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 7, Education Code, is |
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amended by adding Section 7.0611 to read as follows: |
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Sec. 7.0611. FACILITY USAGE REPORT. (a) In this section, |
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"instructional facility" has the meaning assigned by Section |
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46.001. |
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(b) The agency by rule shall require each school district to |
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annually report the following information in the form and manner |
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prescribed by the agency: |
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(1) the square footage of each district facility and |
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the acreage of land on which each facility sits; |
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(2) the total student capacity for each instructional |
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facility on a district campus; |
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(3) for each district campus: |
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(A) the enrollment capacity; and |
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(B) the number of students currently enrolled; |
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(4) whether a district facility is used by one or more |
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campuses and the campus identifier of each campus that uses the |
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facility; |
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(5) what each district facility is used for, |
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including: |
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(A) an instructional facility; |
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(B) a career and technology center; |
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(C) an administrative building; |
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(D) a food service facility; and |
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(E) a transportation facility; |
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(6) whether the district has vacant land and the |
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acreage of that land; and |
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(7) whether each district facility is leased or owned. |
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(c) From the information submitted under Subsection (b), |
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the agency shall produce and make available to the public on the |
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agency's Internet website an annual report on school district land |
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and facilities. The agency may combine the report required under |
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this section with any other required report to avoid multiplicity |
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of reports. |
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(d) If the agency determines information provided under |
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Subsection (b) would create a security risk, that information is |
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considered confidential for purposes of Chapter 552, Government |
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Code, and may not be disclosed in the annual report under Subsection |
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(c). |
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(e) The commissioner may adopt rules as necessary to |
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implement this section. |
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SECTION 2. Section 25.001(h), Education Code, is amended to |
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read as follows: |
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(h) In addition to the penalty provided by Section 37.10, |
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Penal Code, a person who knowingly falsifies information on a form |
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required for enrollment of a student in a school district is liable |
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to the district if the student is not eligible for enrollment in the |
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district but is enrolled on the basis of the false information. The |
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person is liable, for the period during which the ineligible |
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student is enrolled, for [the greater of: |
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[(1) the maximum tuition fee the district may charge |
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under Section 25.038; or |
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[(2)] the amount the district has budgeted for each |
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student as maintenance and operating expenses. |
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SECTION 3. Section 25.036, Education Code, is amended to |
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read as follows: |
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Sec. 25.036. TRANSFER OF STUDENT. (a) Any child, other |
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than a high school graduate, who is younger than 21 years of age and |
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eligible for enrollment on September 1 of any school year may apply |
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to transfer for in-person instruction annually from the child's |
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school district of residence to another district in this state [if |
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both the receiving district and the applicant parent or guardian or |
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person having lawful control of the child jointly approve and |
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timely agree in writing to the transfer]. |
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(b) A transfer application [agreement] under this section |
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shall be filed and preserved as a receiving district record for |
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audit purposes of the agency. |
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(c) A school district may deny approval of a transfer under |
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this section only if: |
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(1) the district or a school in the district to which a |
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student seeks to transfer is at full student capacity or has more |
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requests for transfers than available positions after the district |
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has filled available positions in accordance with Subsection (e) |
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and has satisfied the requirement provided under Subsection (f); |
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(2) before the application deadline for the applicable |
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school year, the district adopted a policy that provides for the |
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exclusion of a student who has a documented history of a criminal |
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offense, a juvenile court adjudication, or discipline problems |
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under Subchapter A, Chapter 37, and the student meets the |
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conditions for exclusion under the policy; or |
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(3) approving the transfer would supersede a |
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court-ordered desegregation plan. |
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(d) For the purpose of determining whether a school in a |
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school district is at full student capacity under Subsection |
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(c)(1), the district may not consider equity as a factor in the |
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district's decision-making process. |
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(e) A school district that has more applicants for transfer |
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under this section than available positions must fill the available |
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positions by lottery and must give priority to applicants in the |
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following order: |
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(1) students who: |
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(A) do not reside in the district but were |
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enrolled in the district in the preceding school year; or |
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(B) are dependents of an employee of the |
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receiving district; and |
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(2) students: |
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(A) receiving special education services under |
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Subchapter A, Chapter 29; |
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(B) who are dependents of military personnel; |
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(C) who are dependents of law enforcement |
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personnel; |
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(D) in foster care; |
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(E) who are the subject of court-ordered |
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modification of an order establishing conservatorship or |
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possession and access; or |
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(F) who are siblings of a student who is enrolled |
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in the receiving district at the time the student seeks to transfer. |
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(f) A school district may deny approval of a transfer under |
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Subsection (c)(1) only if the district annually submits the |
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information regarding student capacity and facility usage by campus |
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required under Section 7.0611. |
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(g) Unless otherwise required by law, a receiving school |
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district may, but is not required to, provide transportation to a |
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student who transfers to the receiving district under this section. |
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(h) A receiving school district may revoke, at any time |
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during the school year, the approval of the student's transfer only |
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if: |
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(1) the student engages in conduct: |
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(A) for which a student is required or permitted |
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to be removed from class and placed in a disciplinary alternative |
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education program under Section 37.006; or |
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(B) for which a student is required or permitted |
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to be expelled from school under Section 37.007; and |
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(2) before revoking approval of the student's |
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transfer, the district: |
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(A) ensures the student is afforded appropriate |
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due process and complies with any requirements of state law or |
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district policy relating to the expulsion of a student to the same |
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extent as if the student were being expelled under Section 37.007; |
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and |
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(B) if the student is a child with a disability |
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under the Individuals with Disabilities Education Act (20 U.S.C. |
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Section 1400 et seq.), or the district suspects or has a reason to |
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suspect that the student may be a child with a disability, complies |
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with all federal and state requirements regarding revoking the |
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approval of the student's transfer. |
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(i) In the case of a transfer under this section, a child's |
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school district of residence shall provide the receiving district |
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with the child's disciplinary record and any threat assessment |
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involving the child's behavior conducted under Section 37.115. |
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SECTION 4. Section 25.038, Education Code, is amended to |
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read as follows: |
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Sec. 25.038. TUITION FEE FOR TRANSFER STUDENTS PAID BY |
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SCHOOL DISTRICT. (a) Except as provided by Subsection (b), a |
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[The] receiving school district may charge a tuition fee to another |
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school district, if the receiving district has contracted with the |
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other district to educate the other district's students, to the |
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extent that the district's actual expenditure per student in |
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average daily attendance, as determined by its board of trustees, |
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exceeds the sum the district benefits from state aid sources as |
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provided by Section 25.037. However, unless a tuition fee is |
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prescribed and set out in a transfer agreement before its execution |
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by the parties, an increase in tuition charge may not be made for |
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the year of that transfer that exceeds the tuition charge, if any, |
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of the preceding school year. |
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(b) A school district may not charge a tuition fee under |
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this section for a student transfer authorized under Section |
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25.036. |
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SECTION 5. Subchapter B, Chapter 25, Education Code, is |
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amended by adding Section 25.048 to read as follows: |
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Sec. 25.048. LIMITATION ON DENYING TRANSFER. A school |
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district may deny approval of a student's transfer on the basis of a |
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lack of capacity only if the district has reported capacity and |
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facility usage information for the applicable school year under |
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Section 7.0611. |
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SECTION 6. The following provisions are repealed: |
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(1) Section 25.0344, Education Code, as added by |
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Chapter 583 (H.B. 2892), Acts of the 88th Legislature, Regular |
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Session, 2023; and |
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(2) Section 25.0344, Education Code, as added by |
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Chapter 322 (H.B. 1959), Acts of the 88th Legislature, Regular |
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Session, 2023. |
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SECTION 7. Notwithstanding any other provision of this Act, |
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a student accepted for transfer to a school district for the |
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2025-2026 school year under Section 25.036, Education Code, on a |
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date occurring before the effective date of this Act is entitled to |
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transfer to the district for that school year in the same manner as |
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any other student accepted for transfer to the district for that |
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school year on a date occurring on or after the effective date of |
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this Act. |
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SECTION 8. To the extent of any conflict, this Act prevails |
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over another Act of the 89th Legislature, Regular Session, 2025, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 9. This Act applies beginning with the 2025-2026 |
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school year. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2025. |