HBA-SEP C.S.H.B. 2561 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2561
By: Dunnam
Criminal Jurisprudence
4/18/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

In 1995, the legislature authorized the initial set of open-enrollment
charter schools.  One motivation for the authorization was the perceived
failure of traditional public schools in addressing the educational needs
of certain populations of Texas children.  It was hoped that releasing
charter schools from the regulations imposed on public schools would create
competition and innovation in all Texas schools.  However, one consequence
of releasing charter schools from the rules imposed on public schools is
that money sent to a charter school, once received, ceases to be public
funds and the state's prosecutorial laws do not apply. C.S.H.B. 2561
provides that a member of the governing body of a charter school who, if
with intent to obtain a benefit, knowingly misuses a thing of value
obtained with state funds commits an offense.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 2561 amends the Penal Code to provide that a member of the
governing body of a charter school, a member of the governing body of an
open-enrollment charter school, or any other person commits an offense if,
with intent to obtain a benefit, the member or person knowingly misuses
property, services, personnel, assets, credit, funds, or any other thing of
value obtained with state funds received by the charter holder or charter
school.  The bill sets forth penalties in correlation with the value of the
use of the thing misused.   

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2561 modifies the original by providing that any person, rather
than only a member of the governing body of a charter school or a member of
the governing body of an open-enrollment charter school, commits an offense
if, with intent to obtain a benefit, the person knowingly misuses a thing
of value obtained with state funds received by the charter holder or
charter school.  The substitute includes assets, credit, and funds to the
list of things of value.