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A BILL TO BE ENTITLED
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AN ACT
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relating to allowing a school district to charge an impact fee for |
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certain capital improvements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 395, Local Government Code, is amended |
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by adding Subchapter E to read as follows: |
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SUBCHAPTER E. CAPITAL IMPROVEMENTS FOR SCHOOL DISTRICTS |
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Sec. 395.151. IMPACT FEE AUTHORIZED. (a) A school district |
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may impose an impact fee only as provided by this subchapter. |
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(b) The other provisions of this chapter apply to a school |
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district imposing an impact fee under this subchapter except that |
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to the extent of any conflict between those provisions and this |
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subchapter, this subchapter controls. |
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Sec. 395.152. SCOPE OF CAPITAL IMPROVEMENTS. (a) For |
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purposes of this subchapter, a capital improvement means only an |
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instructional facility as defined by Section 46.001, Education |
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Code. |
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(b) In preparing a capital improvements plan, a school |
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district may use a person who is experienced in planning and |
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forecasting the growth of school enrollment and the need for and |
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cost of new or expanded instructional facilities instead of a |
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licensed engineer. |
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Sec. 395.153. ADVISORY COMMITTEE. The commissioner of |
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education shall appoint an advisory committee composed of |
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representatives from governmental entities and private |
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organizations that have a demonstrated interest in residential |
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development or school district operation or that would be |
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significantly affected by an assessment under this chapter, |
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including representatives of the Fast Growth School Coalition, the |
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Texas Association of Builders, the Texas Building Branch of the |
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Associated General Contractors of America, and the Texas |
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Association of School Boards. The committee shall provide the |
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commissioner with recommendations regarding: |
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(1) the maximum amount of the impact fee per service |
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unit that may be imposed under this subchapter; |
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(2) any changes considered necessary to the method by |
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which the impact fee authorized by this subchapter is calculated; |
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and |
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(3) other rules related to the impact fee authorized |
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under this subchapter that are considered necessary to implement |
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the fee. |
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Sec. 395.154. MAXIMUM IMPACT FEE. (a) The commissioner of |
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education shall by rule adopt the maximum amount of the impact fee |
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per service unit and the method by which the impact fee is |
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calculated after considering the recommendations of the committee |
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under Section 395.153 and after adjusting the recommendations only |
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as the public interest requires. An amount adopted under this |
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subsection takes effect on the first day of the calendar year |
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following adoption of the rule. |
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(b) Until an amount adopted by the commissioner under |
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Subsection (a) takes effect, the maximum impact fee per service |
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unit is the amount determined under Section 395.015, except that no |
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fee may be imposed before January 1, 2008. |
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Sec. 395.155. RULES. The commissioner of education may |
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adopt rules as necessary to implement this subchapter. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |