| 1 | 1 | | By: Wentworth, Van de Putte S.B. No. 688 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the mitigation of the impact of residential development |
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| 7 | 7 | | in public school districts. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subtitle I, Title 2, Education Code, is amended |
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| 10 | 10 | | by adding Chapter 48 to read as follows: |
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| 11 | 11 | | CHAPTER 48. MITIGATION OF IMPACT OF RESIDENTIAL DEVELOPMENT |
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| 12 | 12 | | Sec. 48.001. PURCHASE OF PROPERTY FOR SCHOOL FACILITIES. |
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| 13 | 13 | | (a) The developer of a proposed residential development |
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| 14 | 14 | | containing 1,000 or more residential units, including |
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| 15 | 15 | | single-family residential units and residential units within a |
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| 16 | 16 | | multi-family dwelling, who submits a plat or replat of the |
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| 17 | 17 | | development or part of the development for approval under Chapter |
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| 18 | 18 | | 212 or 232, Local Government Code, as applicable, shall provide |
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| 19 | 19 | | advance notice of the submission to the school district in which the |
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| 20 | 20 | | proposed residential development is located. The developer must |
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| 21 | 21 | | provide the notice not later than the 60th day before the date on |
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| 22 | 22 | | which the developer submits the plat or replat. |
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| 23 | 23 | | (b) If the commissioner determines that a residential |
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| 24 | 24 | | development described by Subsection (a) is likely to significantly |
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| 25 | 25 | | increase elementary school student enrollment in a school district |
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| 26 | 26 | | and that the increase in enrollment warrants the construction of a |
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| 27 | 27 | | new elementary school facility to accommodate the increased |
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| 28 | 28 | | elementary school population, the district is entitled to purchase, |
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| 29 | 29 | | for fair market value or a negotiated rate below fair market value, |
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| 30 | 30 | | a percentage of the real property acreage within the residential |
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| 31 | 31 | | development site, as determined by the commissioner, unless the |
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| 32 | 32 | | developer has already designated a location for a new elementary |
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| 33 | 33 | | school within the residential development site on at least 15 acres |
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| 34 | 34 | | of land. |
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| 35 | 35 | | (c) The commissioner is not required to make a determination |
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| 36 | 36 | | under Subsection (b) unless requested to do so by the school |
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| 37 | 37 | | district in which the proposed residential development is to be |
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| 38 | 38 | | built. |
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| 39 | 39 | | (d) In making a determination regarding the percentage of |
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| 40 | 40 | | acreage under Subsection (b), the commissioner must provide the |
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| 41 | 41 | | district the opportunity to purchase at least 15 acres of land. |
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| 42 | 42 | | Sec. 48.002. CONDITION OF PLAT APPROVAL OR PERMIT ISSUANCE. |
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| 43 | 43 | | (a) A county or municipality may not grant final approval under |
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| 44 | 44 | | Chapter 212 or 232, Local Government Code, as applicable, to a plat |
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| 45 | 45 | | or replat of a residential development described by Section |
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| 46 | 46 | | 48.001(a) or part of the development or issue permits required for |
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| 47 | 47 | | the development described by Section 48.001(a) or part of the |
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| 48 | 48 | | development unless the developer presents evidence of providing the |
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| 49 | 49 | | notice required under Section 48.001(a) to the school district. |
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| 50 | 50 | | (b) If any other law requires a county or municipality to |
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| 51 | 51 | | act within a specified period regarding the approval of a plat or |
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| 52 | 52 | | replat or the issuance of a permit, the period does not begin until |
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| 53 | 53 | | a developer presents the evidence required by Subsection (a). |
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| 54 | 54 | | Sec. 48.003. USE OF LAND. A school district may use land |
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| 55 | 55 | | obtained under Section 48.001(b) only as a location for elementary |
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| 56 | 56 | | school facilities. |
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| 57 | 57 | | Sec. 48.004. DISTRICT LAND. Any land obtained by a school |
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| 58 | 58 | | district under Section 48.001(b) is in addition to any other land to |
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| 59 | 59 | | which the district is entitled under this code. |
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| 60 | 60 | | Sec. 48.005. RULES. The commissioner shall adopt rules |
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| 61 | 61 | | necessary to administer this chapter. |
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| 62 | 62 | | SECTION 2. This Act applies only to a residential |
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| 63 | 63 | | development project that is finally approved by all appropriate |
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| 64 | 64 | | governmental authorities on or after September 1, 2009. |
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| 65 | 65 | | SECTION 3. This Act takes effect September 1, 2009. |
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