79(R) SB 962 - House Committee Report version


                                                                                
79R17818 ESH-F


By:  Shapiro                                                      S.B. No. 962

Substitute the following for S.B. No. 962:                                    

By:  Grusendorf                                               C.S.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 46.0021-46.0023 to read as follows:
	Sec. 46.0021.  SQUARE FOOTAGE ALLOWANCES FOR NEW 
INSTRUCTIONAL FACILITIES.  (a)  The agency by rule 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 by rule 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 by rule 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 by rule 
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 by rule 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 46.008, Education Code, is amended to 
read as follows:   
	Sec. 46.008.  STANDARDS AND BEST PRACTICES.  (a) The 
commissioner by rule shall establish standards for adequacy of 
school facilities.  The standards must include requirements related 
to [space,] educational adequacy[,] and construction quality.  The 
standards may not include requirements related to space or square 
footage for a facility or any part of a facility.  All new 
facilities constructed after September 1, 1998, must meet or exceed
the standards to be eligible to be financed with state or local tax 
funds.
	(b)  The commissioner by rule shall establish a program of 
best practices for the construction, replacement, renovation, or 
improvement of school facilities.  The program must:
		(1)  include solicitation of information from school 
districts on best practices;
		(2)  recognize school districts that have achieved 
cost-effectiveness in construction and long-term maintenance;
		(3)  emphasize cost-effectiveness, energy efficiency, 
functionality, and replicability;
		(4)  be designed to encourage, without imposing 
requirements relating to specific criteria, school district 
consideration of:
			(A)  best practices, including evaluation of the 
school district's financial status, total amount of outstanding 
debt, maturity of outstanding debt, and preventive maintenance of 
facilities;
			(B)  cost-effectiveness;                                              
			(C)  projected enrollment in the portion of the 
school district to be served by a facility for which state financial 
assistance is sought; and
			(D)  if applicable, the condition of a facility 
that is to be replaced, renovated, or improved with state financial 
assistance; and
		(5)  include a process for local evaluation of the need 
for construction, acquisition, renovation, or improvement of a 
facility.
	(c)  This section may not be construed in a manner that 
impairs or eliminates a guarantee of an eligible bond under 
Subchapter C, Chapter 45.
	SECTION 3.  (a)  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.
	(b)  Section 46.008(a), Education Code, as amended by this 
Act, applies to a school facility for which construction begins on 
or after September 1, 2005, and such a facility is not required to 
meet any requirements related to space established by the 
commissioner of education under that section as it existed before 
amendment by this Act.
	(c)  Except as otherwise provided by this section, 
Subchapter A, Chapter 46, Education Code, as amended by this Act, 
applies only to the payment of state assistance under Subchapter A, 
Chapter 46, Education Code, for which a school district applies on 
or after September 1, 2005.  Payment of state assistance under 
Subchapter A, Chapter 46, Education Code, for which a school 
district applies before September 1, 2005, is governed by the law in 
effect on the date the district applies for the state assistance, 
and the former law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2005.