By: Shapiro S.B. No. 962
A BILL TO BE ENTITLED
AN ACT
relating to state assistance for school district instructional
facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 46, Education Code, is
amended by adding Sections 46.0021, 46.0022, and 46.0023 to read as
follows:
Sec. 46.0021. SQUARE FOOTAGE ALLOWANCES FOR NEW
INSTRUCTIONAL FACILITIES. (a) The agency shall establish square
footage per student allowances for the planning and construction of
new instructional facilities. In establishing a square footage
allowance, the agency shall determine:
(1) the spaces or rooms to be included in an
instructional facility and the allowable square footage per student
of each space or room;
(2) the allowable square footage per student required
for walls and hallways and other spaces needed for circulation of
students and employees; and
(3) the allowable square footage for spaces for
mechanical and electrical equipment and similar support
facilities.
(b) In determining the allowable square footage per student
of a new instructional facility, the agency shall consider:
(1) the intended use of the facility as a primary or
secondary school;
(2) the intended student capacity of the facility
being planned; and
(3) the requirements for providing the curriculum to
be offered at the planned facility.
(c) Using the allowable square footage per student
determined under this section, the commissioner shall establish a
cost factor for the construction of new instructional facilities.
(d) In developing square footage allowances and cost
factors for new instructional facilities under this section, the
agency shall consult with persons who:
(1) have significant experience in designing and
constructing school facilities; and
(2) represent a diverse spectrum of this state's
school districts and regions.
(e) This section does not apply to the renovation or
improvement of an existing instructional facility.
(f) The agency shall develop the square footage per student
allowances and cost factors not later than September 1, 2006. This
subsection expires September 1, 2006.
Sec. 46.0022. REGIONAL COST INDEX. (a) The agency shall
develop a regional cost index for new instructional facilities that
accounts for differences in construction costs, materials,
building systems, and environmental and climatic conditions in
various regions of the state.
(b) The agency shall update the regional cost index each
calendar quarter.
(c) The regional cost index may not include site acquisition
and development costs.
(d) The commissioner shall assign each school district in
this state to a region for purposes of this section. The
commissioner's determination under this subsection is final and may
not be appealed.
Sec. 46.0023. COST LIMIT ON AID FOR NEW INSTRUCTIONAL
FACILITY. (a) A school district is not entitled to state
assistance under this subchapter for any portion of the cost of
constructing a new instructional facility that exceeds the cost
allowance determined using the student capacity of the facility,
the cost factor for the facility established under Section 46.0021,
and the appropriate regional cost index under Section 46.0022.
(b) A school district may use local funds to pay the portion
of the cost of constructing a new instructional facility that
exceeds the amount for which the district may receive state
assistance under this subchapter.
(c) The commissioner may exempt a school district from the
application of Subsection (a) if the district demonstrates to the
commissioner's satisfaction that extraordinary circumstances
justify spending a greater amount on a new instructional facility
than the amount for which the district may receive state assistance
under Subsection (a). The commissioner's determination under this
subsection is final and may not be appealed.
SECTION 2. Section 46.0023, Education Code, as added by
this Act, applies only to the payment of state assistance under
Subchapter A, Chapter 46, Education Code, for which an application
is submitted to the commissioner of education on or after January 1,
2007.
SECTION 3. This Act takes effect September 1, 2005.