79R6965 ESH-D

By:  Shapiro                                                      S.B. No. 962



A BILL TO BE ENTITLED

AN ACT

relating to state assistance for public school facilities.                    
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 45.054, Education Code, is amended to 
read as follows:   
	Sec. 45.054.  ELIGIBILITY.  To be eligible for approval by 
the commissioner, bonds must be issued:
		(1)  under Subchapter A of this chapter or under 
Subchapter A, Chapter 1207, Government Code, to make a deposit 
under Subchapter B or C of that chapter, by an accredited school 
district; and
		(2)  for the construction, acquisition, renovation, or 
improvement of an instructional facility, as defined by Section 
46.001.
	SECTION 2.  Subchapter C, Chapter 45, Education Code, is 
amended by adding Section 45.0541 to read as follows:
	Sec. 45.0541.  LIMITATION ON GUARANTEED AMOUNT.  A school 
district may not receive a guarantee for the portion of the 
principal amount of bonds issued to construct an instructional 
facility that exceeds the amount for which the school district 
issuing the bonds would be entitled to state assistance under 
Section 46.0023.
	SECTION 3.  Section 45.055, Education Code, is amended by 
adding Subsection (b-1) to read as follows:
	(b-1)  If any portion of the bonds to be guaranteed 
represents the cost of constructing an instructional facility, the 
application must contain information sufficient for the 
commissioner to determine the extent to which the school district 
would be entitled to state assistance under Section 46.0023 for the 
facility.
	SECTION 4.  Subchapter A, Chapter 46, Education Code, is 
amended by adding Sections 46.0021-46.0024 to read as follows:
	Sec. 46.0021.  MODEL PLANS FOR SCHOOL FACILITIES.  (a)  The 
agency shall develop model plans that districts may use in 
constructing school facilities.  In making the plans, the agency 
shall consider:
		(1)  the intended use of the facility as a primary or 
secondary school;
		(2)  the size of the school district constructing the 
facility;      
		(3)  the geographic region in which the facility will 
be constructed; and
		(4)  requirements regarding the curriculum offered by 
the school to be constructed.
	(b)  The model plans must:                                              
		(1)  provide for the most cost-effective construction 
of a school facility that meets applicable building codes and 
educational requirements; and
		(2)  comply with sustainable design standards, 
developed by the agency in cooperation with the State Energy 
Conservation Office, to minimize a school facility's environmental 
impact by:
			(A)  providing for the use of recycled building 
materials;          
			(B)  including systems for collecting and using 
rainwater;          
			(C)  maximizing the use of natural light to light 
interior spaces;  
			(D)  using renewable energy sources, including 
wind, solar, or geothermal energy;
			(E)  including outdoor instructional spaces;                          
			(F)  including water habitat for native animals; 
and                
			(G)  using landscaping elements that are 
sensitive to the natural environment.
	(c)  Using the model plans, the commissioner shall establish 
a cost factor for the construction of school facilities.
	(d)  The agency shall develop the model plans not later than 
September 1, 2006.  This subsection expires September 1, 2006.
	Sec. 46.0022.  REGIONAL CONSTRUCTION COST INDEX.  (a)  The 
agency shall develop a regional index that accounts for differences 
in construction costs in various regions of the state.  Each school 
district in this state shall be assigned to a region for purposes of 
this subsection.
	(b)  The agency shall develop the index not later than 
September 1, 2006. This subsection expires September 1, 2006.
	Sec. 46.0023.  COST LIMIT ON AID FOR INSTRUCTIONAL FACILITY.  
(a)  A school district is not entitled to state assistance under 
this subchapter for any portion of the cost of constructing an 
instructional facility that exceeds the cost determined using the 
model plans developed under Section 46.0021 and the appropriate 
regional construction cost index under Section 46.0022.
	(b)  A school district may use local funds to pay the portion 
of the cost of constructing an 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 an instructional facility than 
the amount for which the district may receive state assistance 
under Subsection (a).
	Sec. 46.0024.  COST STANDARDS FOR MIXED-USE FACILITIES.  The 
commissioner shall establish reasonable cost standards for 
sports-related facilities that are predominantly used for teaching 
subjects such as physical education, drama, and music.
	SECTION 5.  (a)  Section 45.054, Education Code, as amended 
by this Act, applies only to the guarantee of bonds under Subchapter 
C, Chapter 45, Education Code, for which an application is 
submitted to the commissioner of education on or after September 1, 
2005.
	(b)  Sections 45.0541 and 45.055(b-1), Education Code, as 
added by this Act, apply only to the guarantee of bonds under 
Subchapter C, Chapter 45, Education Code, for which an application 
is submitted to the commissioner of education on or after January 1, 
2007.
	(c)  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 6.  This Act takes effect September 1, 2005.