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78R9913 BDH-D
By: Villarreal H.B. No. 1052
Substitute the following for H.B. No. 1052:
By: McReynolds C.S.H.B. No. 1052
A BILL TO BE ENTITLED
AN ACT
relating to certain assessments on 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. RESIDENTIAL DEVELOPMENT ASSESSMENT
Sec. 47.001. ASSESSMENT FOR SCHOOL FACILITIES. (a) If the
commissioner determines that a residential development is likely to
significantly increase student enrollment in a school district, the
district is entitled to:
(1) assess an impact fee against the developer in an
amount computed using the formula adopted by the commissioner under
Subsection (c); or
(2) receive a percentage of the real property acreage
within the residential development site, as determined by the
commissioner, if the commissioner determines that the increase in
student enrollment warrants the construction of a new school
facility to accommodate the increased student population.
(b) The commissioner is not required to make a determination
under Subsection (a) unless requested to do so by the school
district in which the proposed residential development is to be
built.
(c) The commissioner shall by rule adopt a formula for
determining an appropriate impact fee under Subsection (a)(1). In
adopting the formula, the commissioner must:
(1) base the formula on the impact of anticipated
growth in student enrollment resulting from a planned residential
development; and
(2) consider recommendations of the advisory
committee appointed under Section 47.005.
Sec. 47.002. CONDITION OF PLAT APPROVAL OR PERMIT ISSUANCE.
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 or issue permits required for a
residential development unless the developer presents evidence of
having:
(1) paid or otherwise satisfied the obligation of any
applicable development assessment imposed under Section
47.001(a)(1); or
(2) transferred to the school district real property
acreage as required by Section 47.001(a)(2).
Sec. 47.003. USE OF ASSESSMENT. (a) A school district may
use a fee collected under Section 47.001(a)(1) only for the
construction or expansion of school facilities to accommodate
increased student enrollment in the district.
(b) A school district may use land obtained under Section
47.001(a)(2) only as a location for school facilities.
Sec. 47.004. REVENUE AND LAND OF DISTRICT. Any fee or land
obtained by a school district under Section 47.001 is in addition to
any other revenue or land to which the district is entitled under
this code.
Sec. 47.005. ADVISORY COMMITTEE. The commissioner shall
appoint an advisory committee composed of representatives from
governmental entities and private organizations that have a
demonstrated interest in residential development or school
district operation or that would be significantly affected by an
assessment under this chapter, including representatives of the
Fast Growth School Coalition, the Texas Association of Builders,
the Texas Building Branch of the Associated General Contractors of
America, and the Texas Association of School Boards. The committee
shall provide the commissioner with recommendations regarding:
(1) the adoption of the formula under Section 47.001;
and
(2) other rules related to assessments under this
chapter.
Sec. 47.006. 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, 2003.
SECTION 3. This Act takes effect September 1, 2003.