By Krusee                                             H.B. No. 3422
         77R6011 PAM-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to agreements between municipalities and school districts
 1-3     relating to land development standards.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 212.902, Local Government Code, is
 1-6     amended to read as follows:
 1-7           Sec. 212.902.  SCHOOL DISTRICT LAND DEVELOPMENT STANDARDS.
 1-8     (a)  This section applies to agreements between a school district
 1-9     [districts] and a [any] municipality [which has annexed territory
1-10     for limited purposes].
1-11           (b)  Except as provided by Subsection (g), school districts
1-12     are exempt from all municipal land development standards and are
1-13     only required to comply with land development standards included in
1-14     an agreement under this section.  This section does not prohibit a
1-15     municipality from providing funds in connection with any work that
1-16     would bring school district property into compliance with a land
1-17     development standard.
1-18           (c)  On request by a school district, a municipality shall
1-19     enter an agreement with the board of trustees of the school
1-20     district to establish review fees, review periods, and land
1-21     development standards ordinances and to provide alternative water
1-22     pollution control methodologies for school buildings constructed by
1-23     the school district.  In entering into an agreement under this
1-24     section, the school district and the municipality shall balance the
 2-1     need of the school district to provide economical public schools
 2-2     and the obligation of the municipality to regulate land use to
 2-3     promote the public health, safety, and welfare.  The agreement may
 2-4     [shall] include a provision exempting the district from all land
 2-5     development ordinances in cases where the district is adding
 2-6     temporary or permanent classroom buildings on an existing school
 2-7     campus.
 2-8           (d) [(c)]  If the municipality and the school district do not
 2-9     reach an agreement on or before the 120th day after the date on
2-10     which the municipality receives the district's request for an
2-11     agreement, proposed agreements by the school district and the
2-12     municipality shall be submitted to an independent arbitrator
2-13     appointed by the presiding district judge whose jurisdiction
2-14     includes the school district.  The arbitrator shall, after a
2-15     hearing at which both the school district and municipality make
2-16     presentations on their proposed agreements, prepare an agreement
2-17     resolving any differences between the proposals.  The arbitrator
2-18     must comply with the provisions of this section in resolving the
2-19     differences.  The agreement prepared by the arbitrator will be
2-20     final and binding upon both the school district and the
2-21     municipality.  The cost of the arbitration proceeding shall be
2-22     borne equally by the school district and the municipality.
2-23           (e) [(d)]  A school district that requests an agreement under
2-24     this section, at the time it makes the request, shall send a copy
2-25     of the request to the commissioner of education.  At the end of the
2-26     120-day period, the requesting district shall report to the
2-27     commissioner the status or result of negotiations with the
 3-1     municipality.  A municipality may send a separate status report to
 3-2     the commissioner.  The district shall send to the commissioner a
 3-3     copy of each agreement between the district and a municipality
 3-4     under this section.
 3-5           (f) [(e)]  In this section, "land development standards"
 3-6     includes subdivision and platting requirements, impervious cover
 3-7     limitations, building setbacks, floor to area ratios, building
 3-8     coverage, water quality controls, landscaping, development
 3-9     setbacks, compatibility standards, traffic analyses, restrictions
3-10     on temporary or permanent classroom buildings, building material
3-11     restrictions, exterior facade restrictions, equipment location and
3-12     cover restrictions, limitations on parking, and driveway cuts, if
3-13     applicable.
3-14           (g)  A school district is required to comply with the
3-15     municipal fire, safety, health, and building code ordinances in the
3-16     construction of school buildings except to the extent that the
3-17     applicability of an ordinance is modified by an agreement between
3-18     the municipality and the school district relating to land
3-19     development standards.  This [(f)  Nothing in this] section does
3-20     not [shall be construed to limit the applicability of or] waive
3-21     fees for fire, safety, health, or building code ordinances of the
3-22     municipality prior to or during construction of school buildings.
3-23     An [, nor shall any] agreement under this section may not waive any
3-24     fee or modify any ordinance of a municipality for an
3-25     administration, service, or athletic facility proposed for
3-26     construction by a school district.
3-27           (h)  Municipal ordinances or regulations relating to
 4-1     aesthetics, maintaining property values, or zoning do not apply to
 4-2     school districts.
 4-3           SECTION 2.  (a)  This Act takes effect September 1, 2001.
 4-4           (b)  The change in law made by this Act applies only to an
 4-5     agreement between a school district and a municipality entered into
 4-6     on or after the effective date of this Act.  An agreement entered
 4-7     into before the effective date of this Act is governed by the law
 4-8     in effect when the agreement was entered into, and the former law
 4-9     is continued in effect for that purpose.