By: Van de Putte S.B. No. 740
A BILL TO BE ENTITLED
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 (b); 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
(c) The commissioner shall by rule adopt a formula for
determining an appropriate impact fee under Subsection (a)(1). The
commissioner must base the formula on the impact of anticipated
growth in student enrollment resulting from a planned residential
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
(1) paid or otherwise satisfied the obligation of any
applicable development assessment imposed under Section
(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
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, 2003.
SECTION 3. This Act takes effect September 1, 2003.