Texas Statutes
Subchapter D. Open-Enrollment Charter School
Section 12.1058. Applicability of Other Laws

Sec. 12.1058. APPLICABILITY OF OTHER LAWS.
Text of subsection as amended by Acts 2021, 87th Leg., R.S., Ch. 551 (S.B. 282), Sec. 3
(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; and
(5) a political subdivision for purposes of Section 180.008, Local Government Code.
Text of subsection as amended by Acts 2021, 87th Leg., R.S., Ch. 916 (H.B. 3610), Sec. 1
(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 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
(6) 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) the applicable 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.
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.

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