Bill Text: TX SB296 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the mitigation of the impact of residential development in public school districts.

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2011-03-21 - Co-author authorized [SB296 Detail]

Download: Texas-2011-SB296-Introduced.html

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82R2704 EAH-D
By: Wentworth S.B. No. 296

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 47 to read as follows:
CHAPTER 47. MITIGATION OF IMPACT OF RESIDENTIAL DEVELOPMENT
Sec. 47.001. 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 provide advance notice of the
submission to the school district in which the proposed residential
development is located. The developer must provide the notice not
later than the 60th day before the date on which the developer
submits the plat or replat.
(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, unless the
developer has already designated a location for a new elementary
school facility within the residential development site on at least
15 acres of land.
(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. 47.002. 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
47.001(a) or part of the development or issue permits required for
the development described by Section 47.001(a) or part of the
development unless the developer presents evidence of providing the
notice required under Section 47.001(a) to the school district.
(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. 47.003. USE OF LAND. A school district may use land
obtained under Section 47.001(b) only as a location for elementary
school facilities.
Sec. 47.004. DISTRICT LAND. Any land obtained by a school
district under Section 47.001(b) is in addition to any other land to
which the district is entitled under this code.
Sec. 47.005. 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, 2011.
SECTION 3. This Act takes effect September 1, 2011.