Texas 2009 - 81st Regular

Texas House Bill HB1839 Compare Versions

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1	1	81R23954 KKA-D
2	2	By: Howard of Travis, Hernandez, Shelton H.B. No. 1839
3	3	Substitute the following for H.B. No. 1839:
4	4	By: Shelton C.S.H.B. No. 1839
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the selection by school districts of sites for new
10	10	schools; providing a penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 11, Education Code, is amended by adding
13	13	Subchapter J to read as follows:
14	14	SUBCHAPTER J. SITE SELECTION FOR NEW SCHOOLS
15	15	Sec. 11.451. DEFINITIONS. In this subchapter:
16	16	(1) "Commission" means the Texas Commission on
17	17	Environmental Quality.
18	18	(2) "Construction" includes renovation of an existing
19	19	facility.
20	20	(3) "Phase I environmental site assessment" means an
21	21	assessment that complies with ASTM Standard E1527.
22	22	(4) "Phase II environmental site assessment" means an
23	23	assessment that complies with ASTM Standard E1903.
24	24	Sec. 11.452. SITE SELECTION POLICY REQUIRED. (a) Before
25	25	establishing a new school, a school district shall adopt a site
26	26	selection policy in accordance with this subchapter that:
27	27	(1) accounts for the special vulnerability of
28	28	children; and
29	29	(2) promotes the health and safety of children and
30	30	employees to be assigned to the new school by protecting those
31	31	individuals from exposure to environmental toxins, hazards, and
32	32	associated health risks.
33	33	(b) A school district is not required to adopt a site
34	34	selection policy until the district receives voter approval for the
35	35	issuance of bonds necessary to finance costs associated with
36	36	establishment of a new school. After voter approval is received,
37	37	the district may not enter into a contract for the purchase or lease
38	38	of a site to be used for the new school or, if a new site will not be
39	39	purchased or leased, for construction of the new school, until the
40	40	district has adopted a policy and, if required under Section
41	41	11.453(b), obtained commission approval of the site selection
42	42	criteria included in the policy.
43	43	(c) After adopting a site selection policy and obtaining
44	44	approval, if necessary, of included site selection criteria for the
45	45	first time in compliance with this subchapter, a school district:
46	46	(1) may continue to act in accordance with the policy
47	47	when subsequently selecting additional sites for new schools; and
48	48	(2) is not required to adopt a new policy before
49	49	proceeding with selection of a site for each subsequent new school.
50	50	Sec. 11.453. CONTENTS OF DISTRICT SITE SELECTION POLICY.
51	51	(a) A school district's site selection policy must include the
52	52	components described by this section.
53	53	(b) The policy must include site selection criteria. The
54	54	district may develop the site selection criteria or may adopt
55	55	voluntary school site selection criteria established by the United
56	56	States Environmental Protection Agency. If the district develops
57	57	the site selection criteria or adopts the voluntary criteria with
58	58	modifications, the district must submit the district-developed
59	59	criteria or modifications, as applicable, to the commission for
60	60	approval.
61	61	(c) The policy must provide that, before the district enters
62	62	into a contract for purchase or lease of a proposed site or for
63	63	construction at a proposed site already owned by the district:
64	64	(1) a Phase I environmental site assessment must be
65	65	conducted at the proposed site; and
66	66	(2) the results of the Phase I environmental site
67	67	assessment must be presented to the board of trustees.
68	68	(d) The policy must provide that:
69	69	(1) if the Phase I environmental site assessment does
70	70	not indicate an area of concern, the district may take any action
71	71	necessary to pursue establishment of a new school at the proposed
72	72	site, including entering into any necessary contracts; and
73	73	(2) if the Phase I environmental site assessment
74	74	indicates an area of concern, the following actions are required
75	75	before the district may enter into a contract for purchase or lease
76	76	of the proposed site or for construction at the proposed site:
77	77	(A) a Phase II environmental site assessment must
78	78	be conducted at the proposed site; and
79	79	(B) the district must take at least the following
80	80	steps to publicize the district's interest in the proposed site and
81	81	provide opportunities for meaningful public input regarding the
82	82	proposed site:
83	83	(i) publish notice in at least one
84	84	newspaper of general circulation in the district;
85	85	(ii) post notice on the district's Internet
86	86	website; and
87	87	(iii) conduct at least one public meeting
88	88	held specifically for the purpose of discussing the site selection.
89	89	Sec. 11.454. SITE REMEDIATION. If a school district
90	90	proceeds to establish a new school at a site at which a Phase II
91	91	environmental site assessment indicates a need for remediation, the
92	92	district shall:
93	93	(1) develop a site remediation plan;
94	94	(2) submit the remediation plan to the commission for
95	95	approval; and
96	96	(3) complete the remediation measures specified in the
97	97	remediation plan to ensure that the site is protective of human
98	98	health, as required by the commission.
99	99	Sec. 11.455. ADMINISTRATIVE PENALTY. The commission may
100	100	impose an administrative penalty against a school district that
101	101	enters into a contract in violation of Section 11.452(b). The
102	102	penalty may not exceed the sum of:
103	103	(1) $5,000; and
104	104	(2) $100 for each day:
105	105	(A) beginning on the day after the date the
106	106	district enters into the contract; and
107	107	(B) ending on the later of the day the district
108	108	adopts a site selection policy in compliance with this subchapter
109	109	or, if necessary under Section 11.453(b), the day the district
110	110	obtains commission approval of site selection criteria included in
111	111	the policy.
112	112	SECTION 2. Subchapter J, Chapter 11, Education Code, as
113	113	added by this Act, applies only to a school district in connection
114	114	with a new school for which associated bonds are approved by the
115	115	voters on or after the effective date of this Act.
116	116	SECTION 3. This Act takes effect September 1, 2010.