By:  Shapiro                                                      S.B. No. 962
	(In the Senate - Filed March 3, 2005; March 14, 2005, read 
first time and referred to Committee on Education; April 19, 2005, 
reported adversely, with favorable Committee Substitute by the 
following vote:  Yeas 6, Nays 0; April 19, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 962                                    By:  Shapiro


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.                           



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