83R9296 KKA-D By: Patrick, Paxton S.B. No. 1409 A BILL TO BE ENTITLED AN ACT relating to public information regarding facilities of school districts and open-enrollment charter schools. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 46, Education Code, is amended by adding Subchapter D to read as follows: SUBCHAPTER D. PUBLIC INFORMATION REGARDING FACILITIES Sec. 46.101. DEFINITION. In this subchapter, "instructional facility" has the meaning assigned by Section 46.001. Sec. 46.102. INVENTORY OF EXISTING FACILITIES. (a) A school district or open-enrollment charter school shall post an inventory of the district's or school's existing facilities on the district's or school's Internet website. (b) The inventory must include at least the following information regarding instructional facilities: (1) the total available square footage and maximum student capacity of the district's or school's instructional facilities in aggregate; (2) the total current student enrollment in the district or school; and (3) for each separate instructional facility: (A) square footage; (B) maximum student capacity; and (C) current student enrollment. (c) The inventory must include at least the following information regarding each facility other than an instructional facility: (1) square footage; (2) a statement of the facility's current use; and (3) any other information specified by rule adopted by the commissioner. (d) For a facility for which the school district or open-enrollment charter school developed and posted construction or renovation information in accordance with Section 46.103, the information provided under this section for the facility must also include the final updated information required under Section 46.103. This subsection does not require a district or school to develop and post information regarding construction or renovation costs for a facility not subject to Section 46.103. (e) A school district or open-enrollment charter school shall update the information posted under this section at least annually and more frequently if necessary to ensure that the information provides an accurate description of existing facilities. (f) A school district or open-enrollment charter school shall maintain an Internet website to comply with this section. Sec. 46.103. CONSTRUCTION AND RENOVATION OF FACILITIES. (a) A school district or open-enrollment charter school shall post on the district's or school's Internet website at least the information specified by this section regarding each project for the construction or renovation of a facility. (b) The following information must be posted regarding an instructional facility: (1) the square footage of the facility; (2) the square footage per student, computed using the maximum student capacity at the facility; (3) the cost per square foot; (4) the cost per student, computed using the maximum student capacity at the facility; and (5) the average cost of constructing a comparable facility in the region, as determined by the commissioner under Subsection (f). (c) The following information must be posted regarding a facility other than an instructional facility: (1) the square footage of the facility; (2) a statement of the intended use of the facility; (3) the cost per square foot; (4) the average cost of constructing a comparable facility in the region, as determined by the commissioner under Subsection (f); and (5) any other information specified by rule adopted by the commissioner. (d) A school district or open-enrollment charter school shall comply with this section at the beginning of a project by posting information based on estimated costs and anticipated construction or renovation design plans. At the conclusion of the project, the district or school shall post updated information that reflects the actual cost and final specifications of the project. Subsequently, the district or school shall continue to post the information as provided by Section 46.102(d). (e) A school district or open-enrollment charter school shall maintain an Internet website to comply with this section. (f) The commissioner shall determine and periodically update information regarding the average cost per square foot in each region of the state of constructing instructional facilities and other school district or open-enrollment charter school facilities. The commissioner may base a determination under this subsection on any relevant information available to the commissioner and may enter into any contract necessary to authorize use of or access to the information. SECTION 2. Section 46.103, Education Code, as added by this Act, applies only to school district construction or renovation projects that are in progress on or are initiated on or after the effective date of this Act. A school district is not required to post information regarding projects that are completed on or before the effective date of this Act. SECTION 3. This Act takes effect September 1, 2013.