| (a) In accordance with Texas Education Code (TEC), §12.101,
a State Board of Education (SBOE) member shall be designated by the
SBOE chair to work in coordination with the commissioner of education
on the review of TEC, Chapter 12, Subchapter D, open-enrollment charter
school applicants.
(b) Following the commissioner's notification to the
SBOE of the charters the commissioner proposes to grant, a majority
of the SBOE members present and voting may vote to veto the commissioner's
proposed charter(s) or may vote to take no action. The SBOE's consideration
of the proposed charters will occur no later than 90 days following
the commissioner's notification.
(c) The SBOE may not vote or deliberate on any charter
application that has not been proposed by the commissioner. For purposes
of this section, deliberation is defined in Texas Government Code, §551.001.
(d) An applicant for an open-enrollment charter, or
any person or entity acting on behalf of an applicant for an open-enrollment
charter, shall not communicate with a member of the SBOE concerning
a charter school application beginning on the date the application
is submitted and ending on the date the applicant passes through an
external review with a qualifying score. The SBOE may veto a proposed
application for violation of this subsection.
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