Sec. 12.013. APPLICABILITY OF TITLE. (a) A home-rule school district has the powers and entitlements granted to school districts and school district boards of trustees under this title, including taxing authority.
Text of subsection as amended by Acts 2021, 87th Leg., R.S., Ch. 887 (S.B. 1697), Sec. 1
(b) A home-rule school district is subject to:
(1) a provision of this title establishing a criminal offense;
(2) a provision of this title relating to limitations on liability; and
(3) a prohibition, restriction, or requirement, as applicable, imposed by this title or a rule adopted under this title, relating to:
(A) the Public Education Information Management System (PEIMS) to the extent necessary to monitor compliance with this subchapter as determined by the commissioner;
(B) educator certification under Chapter 21 and educator rights under Sections 21.407, 21.408, and 22.001;
(C) criminal history records under Subchapter C, Chapter 22;
(D) student admissions under Section 25.001;
(E) school attendance under Sections 25.085, 25.086, and 25.087;
(F) inter-district or inter-county transfers of students under Subchapter B, Chapter 25;
(G) elementary class size limits under Section 25.112, in the case of any campus in the district that fails to satisfy any standard under Section 39.054(e);
(H) high school graduation under Section 28.025;
(I) special education programs under Subchapter A, Chapter 29;
(J) bilingual education under Subchapter B, Chapter 29;
(K) prekindergarten programs under Subchapter E, Chapter 29;
(L) safety provisions relating to the transportation of students under Sections 34.002, 34.003, 34.004, and 34.008;
(M) computation and distribution of state aid under Chapters 31, 43, and 48;
(N) extracurricular activities under Section 33.081;
(O) health and safety under Chapter 38;
(P) public school accountability under Subchapters B, C, D, and J, Chapter 39, and Chapter 39A;
(Q) options for local revenue levels in excess of entitlement under Chapter 49;
(R) a bond or other obligation or tax rate under Chapters 43, 45, and 48;
(S) purchasing under Chapter 44; and
(T) parental options to retain a student under Section 28.02124.
Text of subsection as amended by Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 4.02
(b) A home-rule school district is subject to:
(1) a provision of this title establishing a criminal offense;
(2) a provision of this title relating to limitations on liability; and
(3) a prohibition, restriction, or requirement, as applicable, imposed by this title or a rule adopted under this title, relating to:
(A) the Public Education Information Management System (PEIMS) to the extent necessary to monitor compliance with this subchapter as determined by the commissioner;
(B) educator certification under Chapter 21 and educator rights under Sections 21.407, 21.408, and 22.001;
(C) criminal history records under Subchapter C, Chapter 22;
(D) student admissions under Section 25.001;
(E) school attendance under Sections 25.085, 25.086, and 25.087;
(F) inter-district or inter-county transfers of students under Subchapter B, Chapter 25;
(G) elementary class size limits under Section 25.112, in the case of any campus in the district that fails to satisfy any standard under Section 39.054(e);
(H) high school graduation under Section 28.025;
(I) special education programs under Subchapter A, Chapter 29;
(J) bilingual education under Subchapter B, Chapter 29;
(K) prekindergarten programs under Subchapter E, Chapter 29;
(L) safety provisions relating to the transportation of students under Sections 34.002, 34.003, 34.004, and 34.008;
(M) computation and distribution of state aid under Chapters 31, 43, and 48;
(N) extracurricular activities under Section 33.081;
(O) health and safety under Chapter 38;
(P) the provisions of Subchapter A, Chapter 39;
(Q) public school accountability and special investigations under Subchapters A, B, C, D, and J, Chapter 39, and Chapter 39A;
(R) options for local revenue levels in excess of entitlement under Chapter 49;
(S) a bond or other obligation or tax rate under Chapters 43, 45, and 48; and
(T) purchasing under Chapter 44.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 342, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 3.03, eff. May 31, 2006.
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 13, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 7.001, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(5), eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.008, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 887 (S.B. 1697), Sec. 1, eff. June 16, 2021.
Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 4.02, eff. September 1, 2021.
Structure Texas Statutes
Subtitle C - Local Organization and Governance
Subchapter B. Home-Rule School District Charter
Section 12.011. Authorization and Status
Section 12.012. Applicability of Laws and Rules to Home-Rule School District
Section 12.013. Applicability of Title
Section 12.014. Appointment of Charter Commission
Section 12.015. Charter Commission
Section 12.017. Determination of Compliance With Voting Rights Act
Section 12.019. Charter Election
Section 12.020. Charter Amendment
Section 12.021. Adoption of Charter or Charter Amendment
Section 12.022. Minimum Voter Turnout Required
Section 12.023. Certification of Charter or Charter Amendment
Section 12.024. Effect of Recording Charter or Charter Amendment
Section 12.026. Change in Governing Body
Section 12.027. Basis for Placement on Probation or Revocation of Charter
Section 12.0271. Failure to Discharge or Refuse to Hire Certain Employees or Applicants
Section 12.028. Procedure for Placement on Probation or Revocation
Section 12.029. Status of District in Case of Annexation or Consolidation