Amend SB 133 on third reading by inserting the following
appropriately numbered section and by renumbering the subsequent
sections of the bill accordingly:
      SECTION ____.  Section 12.101, Education Code, is amended to
read as follows:
      Sec. 12.101.  AUTHORIZATION.  (a)  In accordance with this
subchapter, the State Board of Education may grant a charter on the
application of an eligible entity for an open-enrollment charter
school to operate in a facility of a commercial or nonprofit entity
or a school district, including a home-rule school district. In
this subsection, "eligible entity" means:
            (1)  an institution of higher education as defined
under Section 61.003;
            (2)  a private or independent institution of higher
education as defined under Section 61.003;
            (3)  an organization that is exempt from taxation under
Section 501(c)(3), Internal Revenue Code of 1986 (  26 U.S.C.
Section 501(c)(3)); or
            (4)  a governmental entity.
      (b)  Except as provided by Subsection (c), the <The> State
Board of Education may not grant a total of more than 20 charters
for an open-enrollment charter school.
      (c)  In addition to charters authorized under Subsection (b),
the State Board of Education may grant a total of not more than 100
charters for an open-enrollment charter school related to providing
services for one or more students who are at risk of being
disciplined or who are being disciplined under Subchapter A,
Chapter 37. An open-enrollment charter school granted a charter
under this subsection may serve one or more students in addition to
a student who is at risk of being disciplined or who is being
disciplined under Subchapter A, Chapter 37.
      (d)  If the facility to be used for an open-enrollment
charter school is a school district facility, the school must be
operated in the facility in accordance with the terms established
by the board of trustees or other  governing body of the district
in an agreement governing the relationship between the school and
the district.
      (e) <(d)> An educator employed by a school district before
the effective date of a charter for an open-enrollment charter
school operated at a school district facility may not be
transferred to or employed by the open-enrollment charter school
over the educator's objection.