81R23954 KKA-D
By: Howard of Travis, Hernandez, Shelton H.B. No. 1839
Substitute the following for H.B. No. 1839:
By: Shelton C.S.H.B. No. 1839
A BILL TO BE ENTITLED
AN ACT
relating to the selection by school districts of sites for new
schools; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 11, Education Code, is amended by adding
Subchapter J to read as follows:
SUBCHAPTER J. SITE SELECTION FOR NEW SCHOOLS
Sec. 11.451. DEFINITIONS. In this subchapter:
(1) "Commission" means the Texas Commission on
Environmental Quality.
(2) "Construction" includes renovation of an existing
facility.
(3) "Phase I environmental site assessment" means an
assessment that complies with ASTM Standard E1527.
(4) "Phase II environmental site assessment" means an
assessment that complies with ASTM Standard E1903.
Sec. 11.452. SITE SELECTION POLICY REQUIRED. (a) Before
establishing a new school, a school district shall adopt a site
selection policy in accordance with this subchapter that:
(1) accounts for the special vulnerability of
children; and
(2) promotes the health and safety of children and
employees to be assigned to the new school by protecting those
individuals from exposure to environmental toxins, hazards, and
associated health risks.
(b) A school district is not required to adopt a site
selection policy until the district receives voter approval for the
issuance of bonds necessary to finance costs associated with
establishment of a new school. After voter approval is received,
the district may not enter into a contract for the purchase or lease
of a site to be used for the new school or, if a new site will not be
purchased or leased, for construction of the new school, until the
district has adopted a policy and, if required under Section
11.453(b), obtained commission approval of the site selection
criteria included in the policy.
(c) After adopting a site selection policy and obtaining
approval, if necessary, of included site selection criteria for the
first time in compliance with this subchapter, a school district:
(1) may continue to act in accordance with the policy
when subsequently selecting additional sites for new schools; and
(2) is not required to adopt a new policy before
proceeding with selection of a site for each subsequent new school.
Sec. 11.453. CONTENTS OF DISTRICT SITE SELECTION POLICY.
(a) A school district's site selection policy must include the
components described by this section.
(b) The policy must include site selection criteria. The
district may develop the site selection criteria or may adopt
voluntary school site selection criteria established by the United
States Environmental Protection Agency. If the district develops
the site selection criteria or adopts the voluntary criteria with
modifications, the district must submit the district-developed
criteria or modifications, as applicable, to the commission for
approval.
(c) The policy must provide that, before the district enters
into a contract for purchase or lease of a proposed site or for
construction at a proposed site already owned by the district:
(1) a Phase I environmental site assessment must be
conducted at the proposed site; and
(2) the results of the Phase I environmental site
assessment must be presented to the board of trustees.
(d) The policy must provide that:
(1) if the Phase I environmental site assessment does
not indicate an area of concern, the district may take any action
necessary to pursue establishment of a new school at the proposed
site, including entering into any necessary contracts; and
(2) if the Phase I environmental site assessment
indicates an area of concern, the following actions are required
before the district may enter into a contract for purchase or lease
of the proposed site or for construction at the proposed site:
(A) a Phase II environmental site assessment must
be conducted at the proposed site; and
(B) the district must take at least the following
steps to publicize the district's interest in the proposed site and
provide opportunities for meaningful public input regarding the
proposed site:
(i) publish notice in at least one
newspaper of general circulation in the district;
(ii) post notice on the district's Internet
website; and
(iii) conduct at least one public meeting
held specifically for the purpose of discussing the site selection.
Sec. 11.454. SITE REMEDIATION. If a school district
proceeds to establish a new school at a site at which a Phase II
environmental site assessment indicates a need for remediation, the
district shall:
(1) develop a site remediation plan;
(2) submit the remediation plan to the commission for
approval; and
(3) complete the remediation measures specified in the
remediation plan to ensure that the site is protective of human
health, as required by the commission.
Sec. 11.455. ADMINISTRATIVE PENALTY. The commission may
impose an administrative penalty against a school district that
enters into a contract in violation of Section 11.452(b). 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 enters into the contract; and
(B) ending on the later of the day the district
adopts a site selection policy in compliance with this subchapter
or, if necessary under Section 11.453(b), the day the district
obtains commission approval of site selection criteria included in
the policy.
SECTION 2. Subchapter J, Chapter 11, Education Code, as
added by this Act, applies only to a school district in connection
with a new school for which associated bonds are approved by the
voters on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2010.