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79R4899 BDH-D

By:  Paxton                                                       H.B. No. 1233



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)  A 
school district eligible under Section 47.002 may assess an impact 
fee against the developer of a residential development within the 
district in an amount not to exceed $2,000 for each new residence 
constructed in the development during a three-year period 
determined by the commissioner if:
		(1)  the commissioner determines that the development 
is likely to significantly increase student enrollment in the 
district; and
		(2)  the authority to assess the impact fee is approved 
by a majority vote of the qualified voters at an election held for 
that purpose in the district.
	(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.
	Sec. 47.002.  ELIGIBLE DISTRICTS.  To be eligible to assess 
an impact fee under Section 47.001, a school district must:
		(1)  be a fast growth district, as determined by the 
commissioner;   
		(2)  assess a maintenance tax at the maximum rate 
permitted by Section 45.003(d); and
		(3)  assess bond taxes at a rate that prohibits the 
attorney general from approving additional bonds under Section 
45.0031.
	Sec. 47.003.  USE OF ASSESSMENT.  A school district may use a 
fee collected under Section 47.001 only for the construction or 
expansion of school facilities to accommodate increased student 
enrollment in the district.
	Sec. 47.004.  DISTRICT REVENUE.  Any fee obtained by a school 
district under Section 47.001 is in addition to any other revenue to 
which the district is entitled under this code.
	Sec. 47.005.  RULES.  The commissioner shall adopt rules 
necessary to administer this chapter.
	SECTION 2.  Chapter 47, Education Code, as added by this Act, 
applies only to a residential development project that is finally 
approved by all appropriate governmental authorities on or after 
September 1, 2005.
	SECTION 3.  This Act takes effect September 1, 2005.