By: Wentworth, Van de Putte S.B. No. 688
(In the Senate - Filed February 5, 2009; February 23, 2009,
read first time and referred to Committee on Education;
May 11, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 0; May 11, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 688 By: Patrick
A BILL TO BE ENTITLED
AN ACT
relating to the mitigation of the impact of residential development
in public school districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle I, Title 2, Education Code, is amended
by adding Chapter 48 to read as follows:
CHAPTER 48. MITIGATION OF IMPACT OF RESIDENTIAL DEVELOPMENT
Sec. 48.001. PURCHASE OF PROPERTY FOR SCHOOL FACILITIES.
(a) The developer of a proposed residential development
containing 1,000 or more residential units, including
single-family residential units and residential units within a
multi-family dwelling, who submits a plat or replat of the
development or part of the development for approval under Chapter
212 or 232, Local Government Code, as applicable, shall
simultaneously submit the plat or replat to the school district in
which the proposed residential development is located.
(b) If the commissioner determines that a residential
development described by Subsection (a) is likely to significantly
increase elementary school student enrollment in a school district
and that the increase in enrollment warrants the construction of a
new elementary school facility to accommodate the increased
elementary school population, the district is entitled to purchase,
for fair market value or a negotiated rate below fair market value,
a percentage of the real property acreage within the residential
development site, as determined by the commissioner.
(c) The commissioner is not required to make a determination
under Subsection (b) unless requested to do so by the school
district in which the proposed residential development is to be
built.
(d) In making a determination regarding the percentage of
acreage under Subsection (b), the commissioner must provide the
district the opportunity to purchase at least 15 acres of land.
Sec. 48.002. CONDITION OF PLAT APPROVAL OR PERMIT ISSUANCE.
(a) A county or municipality may not grant final approval under
Chapter 212 or 232, Local Government Code, as applicable, to a plat
or replat of a residential development described by Section
48.001(a) or part of the development or issue permits required for
the development described by Section 48.001(a) or part of the
development unless the developer presents evidence of having:
(1) transferred to the school district real property
acreage as required by Section 48.001(b); or
(2) received, in writing, from the district a waiver
of the district's right to purchase the property as provided by
Section 48.001(b).
(b) If any other law requires a county or municipality to
act within a specified period regarding the approval of a plat or
replat or the issuance of a permit, the period does not begin until
a developer presents the evidence required by Subsection (a).
Sec. 48.003. USE OF LAND. A school district may use land
obtained under Section 48.001(b) only as a location for elementary
school facilities.
Sec. 48.004. DISTRICT LAND. Any land obtained by a school
district under Section 48.001(b) is in addition to any other land to
which the district is entitled under this code.
Sec. 48.005. RULES. The commissioner shall adopt rules
necessary to administer this chapter.
SECTION 2. This Act applies only to a residential
development project that is finally approved by all appropriate
governmental authorities on or after September 1, 2009.
SECTION 3. This Act takes effect September 1, 2009.
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