Texas 2009 - 81st Regular

Texas Senate Bill SB1231 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R8714 KKA-D
2	2	By: Watson S.B. No. 1231
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a requirement that a school district develop and adopt a
8	8	site selection policy before selecting a site for construction of a
9	9	new school; providing a penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter D, Chapter 11, Education Code, is
12	12	amended by adding Section 11.173 to read as follows:
13	13	Sec. 11.173. SITE SELECTION POLICY FOR CONSTRUCTION OF NEW
14	14	SCHOOLS. (a) Except as provided by Subsection (b), a school
15	15	district shall:
16	16	(1) develop, adopt, and periodically revise as
17	17	necessary a policy that specifies the procedures required to be
18	18	followed by the district in selecting a site on which to construct a
19	19	new school; and
20	20	(2) file the current policy described by Subdivision
21	21	(1) with the Texas Commission on Environmental Quality not later
22	22	than the 30th day before the date the district begins the site
23	23	selection process for a new school.
24	24	(b) A school district is not required to develop, adopt, and
25	25	file a policy under this section if the district does not anticipate
26	26	constructing a new school on a site selected for that purpose.
27	27	(c) A policy required under this section must include:
28	28	(1) procedures for obtaining general public input
29	29	regarding proposed sites;
30	30	(2) a list of criteria for determining suitable sites,
31	31	including criteria relating to safety, accessibility, soil
32	32	condition, air quality, and cost;
33	33	(3) a list of factors that immediately disqualify a
34	34	proposed site from further consideration;
35	35	(4) procedures for conducting a Phase I environmental
36	36	site assessment of a proposed site in accordance with Subsection
37	37	(d) before the site may be given further consideration;
38	38	(5) procedures for determining, based on the results
39	39	of the Phase I environmental site assessment, whether a Phase II
40	40	environmental site assessment of a proposed site must be conducted
41	41	before the site may be selected;
42	42	(6) procedures for informing the public of the results
43	43	of any Phase II environmental site assessment of a proposed site and
44	44	obtaining public input before final selection of that site; and
45	45	(7) if the board of trustees of the district makes a
46	46	final selection of a site with one or more known environmental
47	47	hazards, as indicated by the Phase II environmental site assessment
48	48	of the site, procedures for developing and submitting a site
49	49	remediation plan to the Texas Commission on Environmental Quality
50	50	for approval.
51	51	(d) For purposes of Subsection (c)(4), a Phase I
52	52	environmental site assessment of a proposed site must include:
53	53	(1) a review of the history of the site, including
54	54	previous ownership and uses of the site;
55	55	(2) identification of potential liabilities and risks
56	56	associated with environmental and public health considerations
57	57	arising from previous ownership and uses of the site;
58	58	(3) a visual inspection of the site and surrounding
59	59	properties for potential sources of environmental contamination;
60	60	and
61	61	(4) a review of federal, state, and local government
62	62	records regarding releases of hazardous substances that may affect
63	63	the site.
64	64	(e) For purposes of Subsection (c)(5), a Phase II
65	65	environmental site assessment of a proposed site must include
66	66	thorough assessment of any environmental concern identified in the
67	67	Phase I environmental site assessment of the site.
68	68	(f) The Texas Commission on Environmental Quality, on its
69	69	own motion or at the request of the agency, may impose an
70	70	administrative penalty against a school district that selects or
71	71	attempts to select a site on which to construct a new school without
72	72	having filed a policy in compliance with this section. The penalty
73	73	may not exceed the sum of:
74	74	(1) $5,000; and
75	75	(2) $100 for each day:
76	76	(A) beginning on the day after the date the
77	77	district begins the site selection process; and
78	78	(B) ending on the day the district:
79	79	(i) files with the Texas Commission on
80	80	Environmental Quality a policy that complies with this section; or
81	81	(ii) certifies in writing to the Texas
82	82	Commission on Environmental Quality and the agency that the
83	83	district is no longer attempting to select a site for a new school.
84	84	SECTION 2. Section 11.173, Education Code, as added by this
85	85	Act, applies only to a school district in connection with a school
86	86	site selection process that begins on or after the effective date of
87	87	this Act.
88	88	SECTION 3. This Act takes effect September 1, 2009.