Texas Codes

Tex. Educ. Code § 12.103 (2026)

General Applicability Of Laws, Rules, And Ordinances To Open-enrollment Charter School

✓ current as of May 2026
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Sec. 12.103. GENERAL APPLICABILITY OF LAWS, RULES, AND ORDINANCES TO OPEN-ENROLLMENT CHARTER SCHOOL. (a) Except as provided by Subsection (b) or (c), an open-enrollment charter school is subject to federal and state laws and rules governing public schools and to municipal zoning ordinances governing public schools.

(b) An open-enrollment charter school is subject to this code and rules adopted under this code only to the extent the applicability to an open-enrollment charter school of a provision of this code or a rule adopted under this code is specifically provided.

(c) Repealed by Acts 2023, 88th Leg., R.S., Ch. 699 (H.B. 1707), Sec. 4, eff. June 12, 2023.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 4, eff. Sept. 1, 2001.

Amended by:

Acts 2023, 88th Leg., R.S., Ch. 699 (H.B. 1707), Sec. 4, eff. June 12, 2023.

Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 2009–2024 · leading case: Honors Acad., Inc. v. Tex. Educ. Agency, 555 S.W.3d 54 (Tex. 2018).
Honors Acad., Inc. v. Tex. Educ. Agency, 555 S.W.3d 54 (Tex. 2018). “at 77-78 (citing TEX. EDUC. CODE §§ 12.103(a) - (b), .104, .”
Univ. of the Incarnate Word v. Redus, 518 S.W.3d 905 (Tex. 2017). “at 77-78 (citing Tex. Educ. Code §§ 12.103(a), .104, .106(a)).”
LTTS Charter Sch., Inc. v. C2 Constr., Inc., 358 S.W.3d 725 (Tex. App. 2012). · cites it 2× “” Tex. Educ. Code Ann. § 12.103 (a) (West 2006).”
Neighborhood Centers Inc. v. Doreatha Walker, 499 S.W.3d 16 (Tex. App. 2016). · cites it 3× “” Tex. Educ. Code Ann. § 12.103 (a) (Vernon 2012).”
Hwy 3 Mhp, Llc v. Elec. Reliability Council of Texas (ERCOT), 462 S.W.3d 204 (Tex. App. 2015). “at 78 (citing Tex. Educ. Code §§ 12.103(a), .104, .106(a)).”
LTTS Charter Sch., Inc. v. C2 Constr., Inc., 288 S.W.3d 31 (Tex. App. 2009). “See tex. educ. code Ann. § 12.103(a) (Vernon 2006).”
Ohnesorge v. Winfree Academy Charter Sch., 328 S.W.3d 654 (Tex. App. 2010). “, an open-enrollment charter school is subject to federal and state laws and rules governing public schools — ” Tex. Educ.Code Ann. § 12.103(a) (West 2006).”
Univ. of the Incarnate Word v. Redus, 474 S.W.3d 816 (Tex. App. 2015). “78 (citing Tex. Educ. Code Ann. § 12.103 (a), .104, .”
Azleway Charter Sch. v. Hogue, 515 S.W.3d 359 (Tex. App. 2016). · cites it 2× “See Tex. Educ. Code Ann. § 12.103 (a) (West 2012).”
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2017). “See TEX. EDUC. CODE § 12.103(a) ("an open-enrollment charter school is subject to federal and state laws and rules governing public schools").”
Jubilee Academic Ctr., Inc. v. Sch. Model Support, LLC D/B/A Athlos Academies (Tex. App. 2024). “Its charter schools are organized under the Texas Education Code. See TEX. EDUC. CODE ANN.”
The El Paso Educ. Initiative, Inc., D/B/A Burnham Wood Charter Sch. v. Amex Props., LLC (Tex. 2020). “§ 12.106(a) (“A charter holder is entitled to receive” funding for the open-enrollment charter school based in part on student “weighted average daily attendance” and on “the state average tax effort.”
— Tex. Educ. Code § 12.103(a) — 10 cases
Honors Acad., Inc. v. Tex. Educ. Agency, 555 S.W.3d 54 (Tex. 2018). “at 77-78 (citing TEX. EDUC. CODE §§ 12.103(a) - (b), .104, .”
Univ. of the Incarnate Word v. Redus, 518 S.W.3d 905 (Tex. 2017). “at 77-78 (citing Tex. Educ. Code §§ 12.103(a), .104, .106(a)).”
Hwy 3 Mhp, Llc v. Elec. Reliability Council of Texas (ERCOT), 462 S.W.3d 204 (Tex. App. 2015). “at 78 (citing Tex. Educ. Code §§ 12.103(a), .104, .106(a)).”
LTTS Charter Sch., Inc. v. C2 Constr., Inc., 288 S.W.3d 31 (Tex. App. 2009). “See tex. educ. code Ann. § 12.103(a) (Vernon 2006).”
Ohnesorge v. Winfree Academy Charter Sch., 328 S.W.3d 654 (Tex. App. 2010). “, an open-enrollment charter school is subject to federal and state laws and rules governing public schools — ” Tex. Educ.Code Ann. § 12.103(a) (West 2006).”
— Tex. Educ. Code § 12.103(b) — 1 case
Azleway Charter Sch. v. Hogue, 515 S.W.3d 359 (Tex. App. 2016). “See Tex. Educ. Code Ann. § 12.103 (a) (West 2012).”
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