82R339 CAS-D By: Lucio S.B. No. 91 A BILL TO BE ENTITLED AN ACT relating to an interim study to determine public school facility needs. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter Z, Chapter 44, Education Code, is amended by adding Section 44.904 to read as follows: Sec. 44.904. INTERIM STUDY REGARDING PUBLIC SCHOOL FACILITY NEEDS; ADVISORY PANEL. (a) The commissioner shall establish an advisory panel to conduct a study of public school facility needs. The advisory panel is composed of six members as follows: (1) one member is the state demographer or the state demographer's designee; (2) one member who is the superintendent or chief financial officer of a small school district; (3) one member who is the superintendent or chief financial officer of a midsize school district; (4) one member who is the superintendent or chief financial officer of an urban school district; (5) one member who is the superintendent or chief financial officer of a rural school district; and (6) one member who is the superintendent or chief financial officer of a fast growth school district. (b) Each member of the advisory panel, other than the state demographer or the state demographer's designee, must represent a school district that, as of September 1, 2011, has a wealth per student, as defined by Section 41.001, that is less than the wealth per student of the Austin Independent School District. (c) For purposes of Subsection (a), a fast growth school district is a school district that has an enrollment of more than 3,400 students and has had an increase in student enrollment of at least 10 percent over the five school years preceding the 2011-2012 school year or a district that has had a net increase in enrollment of at least 5,000 students in any one of the five school years preceding the 2011-2012 school year. The commissioner shall by rule establish criteria for the other district categories specified by Subsection (a). (d) The commissioner shall designate one member of the advisory panel as the presiding officer. (e) This subsection applies only to a school district that, as of September 1, 2011, has a wealth per student, as defined by Section 41.001, that is less than the wealth per student of the Austin Independent School District. The state demographer shall design a survey for requesting that each school district project the facility needs of the district for five consecutive school years, beginning with the 2013-2014 school year, by: (1) identifying the number of: (A) new facilities needed; and (B) potential projects requiring the expansion or renovation of existing facilities; and (2) classifying each item listed in Subdivision (1) by academic level and purpose, including administrative, instructional, athletic, or support. (f) After the state demographer has designed the survey, the advisory panel shall review the survey to determine whether: (1) the survey is properly designed to obtain the information intended to be obtained; and (2) each school district can reasonably complete the survey. (g) The advisory panel may require the state demographer to make changes to the survey, including providing or requesting additional information. (h) After the advisory panel approves the survey, each regional education service center shall: (1) distribute the survey to each school district described by Subsection (e) in the service center's region; (2) provide a method for each district to return the survey results to the service center; and (3) report to the advisory panel the results collected in response to the survey. (i) Not later than September 1, 2012, the advisory panel shall report the results of the survey and any conclusions the advisory panel draws from the results to the agency, the governor, the lieutenant governor, the speaker of the house of representatives, and the standing legislative committees with primary jurisdiction over public education. (j) In addition to the survey described by Subsection (e), the state demographer shall provide to the advisory panel a projection of student enrollment growth in each school district in this state over the 10-year period beginning with the 2013-2014 school year. (k) This section expires September 1, 2013. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.