79R7774 ESH-D

By:  Lucio                                                        S.B. No. 939



A BILL TO BE ENTITLED

AN ACT

relating to a study regarding school facilities and the feasibility 
of developing model plans for school facilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 46, Education Code, is 
amended by adding Section 46.014 to read as follows:
	Sec. 46.014.  STUDY REGARDING SCHOOL FACILITIES. (a)  The 
comptroller in cooperation with the agency shall study:
		(1)  existing school facilities in this state;                         
		(2)  the projected need for new school facilities in 
the next 10 years;
		(3)  the characteristics of an adequate school 
facility, such as:    
			(A)  suitability as premises on which to provide 
the required curriculum under Section 28.002;
			(B)  required classroom features;                                     
			(C)  square footage for buildings and classrooms; 
and               
			(D)  conformance to building codes and standards; 
and               
		(4)  the feasibility of developing model plans that 
school districts may use in constructing new school facilities.
	(b)  The study of existing school facilities must include an 
examination of the following characteristics of those facilities:
		(1)  age;                                                              
		(2)  date of most recent renovation, if any;                           
		(3)  overall condition;                                                
		(4)  square footage;                                                   
		(5)  inclusion of features designed to enhance student 
and teacher safety and security;
		(6)  inclusion of features designed to maximize the use 
of instructional technology;
		(7)  for instructional facilities, suitability as 
premises on which to provide the required curriculum under Section 
28.002;
		(8)  maintenance costs;                                                
		(9)  energy and water use efficiency;                                  
		(10)  reliance on portable buildings as classroom 
spaces; and        
		(11)  the extent, if any, to which the student 
enrollment at an instructional facility exceeds the number of 
students for whom the facility was designed.
	(c)  In conducting the study of the feasibility of model 
plans for school facilities, the comptroller and agency shall:
		(1)  consult with persons with significant experience 
in designing or constructing school facilities, including building 
and facilities engineers, architects, building contractors, and 
school facilities planning and management experts; and
		(2)  determine whether the development of model plans 
for school facilities would be a viable method of reducing the total 
cost of, and increasing efficiency in the construction of, new 
school facilities.
	(d)  The comptroller and agency shall consider whether model 
plans for school facilities:
		(1)  could be easily adapted for:                                      
			(A)  differing local educational programs and 
special-needs facilities, including special education programs, 
disciplinary alternative education programs, and career and 
technology programs;
			(B)  use of the facility as a primary or secondary 
school; and      
			(C)  differing environmental, climatic, and soil 
conditions across the state;
		(2)  would permit the use of building materials chosen 
by the school district constructing the facility;
		(3)  would affect a school district's ability to select 
the contracting method that provides the best value for the 
district;
		(4)  could be easily replaced or revised to:                           
			(A)  permit the use of the most recent technology; 
and              
			(B)  conform to changing trends in instruction; 
and                 
		(5)  could be used by school districts that use 
nontraditional educational delivery systems.
	(e)  The comptroller and agency shall consider the legal 
issues raised by the use of model plans for school facilities, 
including:
		(1)  the ownership of intellectual property rights to 
the model plans;
		(2)  liability for design errors in the model plans; 
and             
		(3)  the permissibility of school district 
modification of the model plans.
	(f)  Not later than December 1, 2006, the comptroller and the 
agency shall submit to the legislature a report based on the study 
required by this section.  This section expires January 15, 2007.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.