78R2807 SLO-D

By:  Gallegos                                                     S.B. No. 157



A BILL TO BE ENTITLED

AN ACT

relating to the sale or lease of certain school district real 
property in certain school districts.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 11.154(a), Education Code, is amended to 
read as follows:
	(a)  Except as provided by Section 11.1542, the [The] board 
of trustees of an independent school district may, by resolution, 
authorize the sale of any property, other than minerals, held in 
trust for public school purposes.
	SECTION 2.  Subchapter D, Chapter 11, Education Code, is 
amended by adding Section 11.1542 to read as follows:
	Sec. 11.1542.  SALE OR LEASE OF CERTAIN REAL PROPERTY.  (a)  
The board of trustees of an independent school district that has an 
enrollment of more than 200,000 students may not sell or lease 
district real property that is part of or located near a school 
campus if the sale or lease would leave the school's students 
without adequate property on which to engage in recreational 
activities.
	(b)  The commissioner by rule shall adopt guidelines a board 
of trustees must use in making a determination of whether a sale or 
lease of school district real property would result in adequate 
property remaining for students' recreational purposes.  In 
adopting those guidelines, the commissioner shall provide for 
elementary schools to have adequate property remaining for recess, 
team activities, and any other activity determined by the 
commissioner and for secondary schools to have adequate property 
remaining for team sports and any other activity determined by the 
commissioner.
	SECTION 3.  Section 11.1542, Education Code, as added by 
this Act, applies only to sale or lease of school district property 
under a contract entered into on or after September 1, 2003.  Sale 
or lease of school district property under a contract entered into 
before September 1, 2003, is governed by the law in effect on the 
date the contract was entered into, and that law is continued in 
effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2003.