81R8714 KKA-D
By: Howard of Travis H.B. No. 1839
A BILL TO BE ENTITLED
AN ACT
relating to a requirement that a school district develop and adopt a
site selection policy before selecting a site for construction of a
new school; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 11, Education Code, is
amended by adding Section 11.173 to read as follows:
Sec. 11.173. SITE SELECTION POLICY FOR CONSTRUCTION OF NEW
SCHOOLS. (a) Except as provided by Subsection (b), a school
district shall:
(1) develop, adopt, and periodically revise as
necessary a policy that specifies the procedures required to be
followed by the district in selecting a site on which to construct a
new school; and
(2) file the current policy described by Subdivision
(1) with the Texas Commission on Environmental Quality not later
than the 30th day before the date the district begins the site
selection process for a new school.
(b) A school district is not required to develop, adopt, and
file a policy under this section if the district does not anticipate
constructing a new school on a site selected for that purpose.
(c) A policy required under this section must include:
(1) procedures for obtaining general public input
regarding proposed sites;
(2) a list of criteria for determining suitable sites,
including criteria relating to safety, accessibility, soil
condition, air quality, and cost;
(3) a list of factors that immediately disqualify a
proposed site from further consideration;
(4) procedures for conducting a Phase I environmental
site assessment of a proposed site in accordance with Subsection
(d) before the site may be given further consideration;
(5) procedures for determining, based on the results
of the Phase I environmental site assessment, whether a Phase II
environmental site assessment of a proposed site must be conducted
before the site may be selected;
(6) procedures for informing the public of the results
of any Phase II environmental site assessment of a proposed site and
obtaining public input before final selection of that site; and
(7) if the board of trustees of the district makes a
final selection of a site with one or more known environmental
hazards, as indicated by the Phase II environmental site assessment
of the site, procedures for developing and submitting a site
remediation plan to the Texas Commission on Environmental Quality
for approval.
(d) For purposes of Subsection (c)(4), a Phase I
environmental site assessment of a proposed site must include:
(1) a review of the history of the site, including
previous ownership and uses of the site;
(2) identification of potential liabilities and risks
associated with environmental and public health considerations
arising from previous ownership and uses of the site;
(3) a visual inspection of the site and surrounding
properties for potential sources of environmental contamination;
and
(4) a review of federal, state, and local government
records regarding releases of hazardous substances that may affect
the site.
(e) For purposes of Subsection (c)(5), a Phase II
environmental site assessment of a proposed site must include
thorough assessment of any environmental concern identified in the
Phase I environmental site assessment of the site.
(f) The Texas Commission on Environmental Quality, on its
own motion or at the request of the agency, may impose an
administrative penalty against a school district that selects or
attempts to select a site on which to construct a new school without
having filed a policy in compliance with this section. The penalty
may not exceed the sum of:
(1) $5,000; and
(2) $100 for each day:
(A) beginning on the day after the date the
district begins the site selection process; and
(B) ending on the day the district:
(i) files with the Texas Commission on
Environmental Quality a policy that complies with this section; or
(ii) certifies in writing to the Texas
Commission on Environmental Quality and the agency that the
district is no longer attempting to select a site for a new school.
SECTION 2. Section 11.173, Education Code, as added by this
Act, applies only to a school district in connection with a school
site selection process that begins on or after the effective date of
this Act.
SECTION 3. This Act takes effect September 1, 2009.