House File 2543 H-8177 Amend House File 2543 as follows: 1 1. By striking page 1, line 21, through page 2, line 7. 2 2. Page 2, by striking lines 13 through 15 and inserting < or 3 vacant property owned by a school district pursuant to section 4 297.24. > 5 3. Page 2, line 32, after < for > by inserting < nonpublic 6 schools and > 7 4. Page 3, line 6, after < allow > by inserting < nonpublic 8 schools and > 9 5. Page 3, lines 15 and 16, by striking < a charter school > 10 and inserting < an educational institution > 11 6. Page 3, line 31, by striking < schools —— right of first 12 refusal for charter schools > and inserting < schools > 13 7. Page 3, after line 32 by inserting: 14 < a. “Educational institution” means all of the following: 15 (1) A school district. 16 (2) A nonpublic school. 17 (3) A charter school established pursuant to chapter 256E. 18 (4) A charter school or innovation zone school established 19 pursuant to chapter 256F. 20 (5) An institution of higher education under the control of 21 the state board of regents. 22 (6) A community college established under chapter 260C. 23 (7) The state training school established under chapter 24 233A. 25 (8) An accredited private institution as defined in section 26 256.183. > 27 8. Page 3, line 33, by striking < a. > and inserting < b. > 28 9. Page 4, line 5, by striking < b. > and inserting < c. > 29 10. Page 4, by striking lines 11 through 22 and inserting 30 < property to an educational institution. > 31 11. By striking page 4, line 23, through page 5, line 6, and 32 inserting: 33 < 3. a. The board of directors of a school district shall 34 not sell or lease underutilized property or vacant property 35 -1- HF 2543.3575 (1) 90 jda/jh 1/ 3 #1. #2. #3. #4. #5. #6. #7. #8. #9. #10. #11.

unless the board of directors of the school district first 1 provides notice to each educational institution that is located 2 within the school district that describes the underutilized 3 property or vacant property and offers to sell or lease the 4 underutilized property or vacant property to the educational 5 institution at a price that is to be determined pursuant to 6 paragraph “b” . 7 b. (1) If an educational institution desires to purchase 8 or lease underutilized property or vacant property described 9 in a notice provided under paragraph “a” , the educational 10 institution shall provide notice to the school district 11 within a reasonable time after receipt of the notice provided 12 under paragraph “a” indicating the educational institution’s 13 preliminary intent to purchase or lease such property, pending 14 the determination of the purchase or lease price of the 15 property under subparagraph (2). 16 (2) The purchase or lease price of the underutilized 17 property or vacant property shall be an amount equal to the 18 average of the fair market purchase or lease value of the 19 underutilized property or vacant property as determined by two 20 independent appraisals prepared by certified appraisers. The 21 board of directors of the school district shall select, and 22 pay the costs associated with, one certified appraiser, and 23 the educational institution electing to purchase or lease the 24 underutilized property or vacant property shall select, and pay 25 the costs associated with, the other certified appraiser. 26 (3) If, within a reasonable time after the determination 27 of the purchase or lease price of the underutilized property 28 or vacant property under subparagraph (2), an educational 29 institution elects to purchase or lease the underutilized 30 property or vacant property, the educational institution shall 31 provide notice to the board of directors of the school district 32 indicating the educational institution’s election to purchase 33 or lease such property, and the board of directors of the 34 school district and the educational institution shall proceed 35 -2- HF 2543.3575 (1) 90 jda/jh 2/ 3

to negotiate the additional terms of, and effectuate, the sale 1 or lease. 2 4. Subsection 3 shall be construed as independent of 3 the power vested in the electors by section 278.1, and as 4 additional to such power. If a board of directors of a school 5 district has exercised its independent power under subsection 3 6 regarding selling or leasing underutilized property or vacant 7 property to an educational institution that is located within 8 the school district, and has by resolution approved such 9 action, the electors shall not subsequently proceed to exercise 10 their power under section 278.1 for a purpose directly contrary 11 to the action previously approved by the board of directors in 12 accordance with subsection 3. 13 5. The state board of education shall adopt rules pursuant 14 to chapter 17A to administer this section. The rules shall 15 include provisions that determine which educational institution 16 shall be allowed to purchase or lease underutilized property 17 or vacant property when more than one educational institution 18 provides notice to the board of directors of a school district 19 pursuant to subsection 3, paragraph “b” , subparagraph (3), 20 indicating the educational institution’s election to purchase 21 or lease the same underutilized property or vacant property. > 22 12. Title page, by striking lines 1 through 5 and inserting 23 < An Act relating to education, including by establishing 24 requirements related to the sale or lease of underutilized 25 property or vacant property by school districts and modifying 26 charter school funding and charter school board member 27 requirements. > 28 13. By renumbering as necessary. 29 ______________________________ GEHLBACH of Dallas -3- HF 2543.3575 (1) 90 jda/jh 3/ 3 #12. #13.