By Luna S.B. No. 1308
75R7391 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to standards for public school facilities and the public
1-3 school facilities assistance program.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 42.352, Education Code, is amended to
1-6 read as follows:
1-7 Sec. 42.352. STANDARDS. (a) The State Board of Education
1-8 shall establish standards for adequacy of school facilities. The
1-9 standards shall include requirements related to space, educational
1-10 adequacy, [and] construction quality, and energy efficiency.
1-11 (b) The standards for energy efficiency shall be jointly
1-12 developed by the agency and the energy management center in the
1-13 General Services Commission.
1-14 (c) All facilities constructed after September 1, 1992, must
1-15 meet the standards for space, educational adequacy, and
1-16 construction quality in order to be financed with state or local
1-17 tax funds. All facilities constructed after September 1, 1998,
1-18 must meet the standards for energy efficiency in order to be
1-19 financed with state or local tax funds.
1-20 SECTION 2. Section 42.404, Education Code, is amended to
1-21 read as follows:
1-22 Sec. 42.404. SUPPLEMENTAL STATE ASSISTANCE FOR SMALL SCHOOL
1-23 DISTRICTS. (a) In addition to the amount determined under Section
1-24 42.403, a district is entitled to supplemental state assistance if:
2-1 (1) the district's average daily attendance is less
2-2 than the product of the quotient of the average daily attendance
2-3 for all school districts in the state, as determined under Section
2-4 42.401, divided by the weighted average daily attendance for all
2-5 school districts in the state, as determined under Section 42.401,
2-6 multiplied by 2,500; and
2-7 (2) the district has:
2-8 (A) a rate of enrollment growth that exceeds
2-9 five percent per year for three of the four preceding school years;
2-10 and
2-11 (B) a growth in enrollment that exceeds 15
2-12 percent for the preceding four-year period.
2-13 (b) The amount of supplemental state assistance to which a
2-14 school district is entitled is the lesser of the amounts determined
2-15 by the following formulas:
2-17 where:
2-18 "SSA" is the amount of supplemental state assistance;
2-19 "SA" is the amount of state assistance determined under
2-20 Section 42.403;
2-21 "DPV" is the district's taxable value of property, as
2-22 determined under Subchapter M, Chapter 403, Government Code; and
2-23 "PC" is the total cost of the project; or
2-25 where:
2-26 "SSA" is the amount of supplemental state assistance;
2-27 "SA" is the amount of state assistance determined under
3-1 Section 42.403; and
3-2 "PC" is the total cost of the project.
3-3 (c) [(b)] If the lesser of the amounts determined by the
3-4 formulas in Subsection (b) [(a)] is less than zero, the district is
3-5 not entitled to supplemental state assistance.
3-6 SECTION 3. Section 42.405, Education Code, is amended by
3-7 adding Subsection (g) to read as follows:
3-8 (g) A district that receives assistance under this
3-9 subchapter is encouraged to increase the energy efficiency of the
3-10 project by:
3-11 (1) contacting the energy management center in the
3-12 General Services Commission for assistance in incorporating
3-13 energy-efficient strategies into new and existing facilities and
3-14 in establishing an energy management program; or
3-15 (2) obtaining a loan under Section 2305.065,
3-16 Government Code, to finance the incremental cost of incorporating
3-17 energy-efficient technologies into the project.
3-18 SECTION 4. Section 42.406, Education Code, is amended to
3-19 read as follows:
3-20 Sec. 42.406. LIMITATION ON ASSISTANCE. (a) If a district
3-21 has not previously received assistance under this subchapter, the
3-22 [The] cost of a project for which the [a] district may receive
3-23 assistance under this subchapter may not exceed the greater of:
3-24 (1) $500,000; or
3-25 (2) the product of the number of students in average
3-26 daily attendance in the district multiplied by $266.
3-27 (b) If a district has previously received assistance under
4-1 this subchapter, the cost of a project for which the district may
4-2 receive assistance under this subchapter may not exceed the
4-3 greater of:
4-4 (1) the amount determined under Subsection (c); or
4-5 (2) the product of the number of students in average
4-6 daily attendance in the district multiplied by $266.
4-7 (c) If a school district that is eligible for assistance
4-8 under Section 42.402 does not request assistance although funds are
4-9 available under Section 42.407, and the district requests
4-10 assistance in a subsequent biennium, the maximum cost of the
4-11 project for which the district may receive assistance is equal to
4-12 the maximum project cost determined under Subsection (a) plus an
4-13 amount equal to 80 percent of the project cost for which the
4-14 district was originally eligible.
4-15 (d) For purposes of Sections 42.403, 42.404, and 42.407, a
4-16 project that has a cost that exceeds the applicable limit
4-17 prescribed by this section [Subsection (a)] is treated as if the
4-18 cost equals the applicable limit.
4-19 SECTION 5. This Act takes effect September 1, 1997.
4-20 SECTION 6. The Texas Education Agency and the energy
4-21 management center in the General Services Commission shall develop
4-22 standards for energy efficiency of school facilities as required by
4-23 Section 42.352, Education Code, as amended by this Act, not later
4-24 than April 1, 1998.
4-25 SECTION 7. The importance of this legislation and the
4-26 crowded condition of the calendars in both houses create an
4-27 emergency and an imperative public necessity that the
5-1 constitutional rule requiring bills to be read on three several
5-2 days in each house be suspended, and this rule is hereby suspended.