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A BILL TO BE ENTITLED
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AN ACT
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relating to the mitigation of the impact of residential development |
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in public school districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle I, Title 2, Education Code, is amended |
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by adding Chapter 47 to read as follows: |
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CHAPTER 47. MITIGATION OF IMPACT OF RESIDENTIAL DEVELOPMENT |
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Sec. 47.001. ASSESSMENT OR PROPERTY FOR SCHOOL FACILITIES. |
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(a) The developer of a proposed residential development containing |
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1,000 or more single-family housing units who submits a plat or |
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replat of the development for approval under Chapter 212 or 232, |
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Local Government Code, shall simultaneously submit the plat or |
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replat to the school district in which the proposed residential |
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development is located. |
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(b) If the commissioner determines that a residential |
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development described by Subsection (a) is likely to significantly |
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increase elementary school student enrollment in a school district, |
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the district is entitled to: |
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(1) assess an impact fee against the developer in an |
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amount computed using the formula adopted by the commissioner under |
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Subsection (d); or |
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(2) purchase, for fair market value, a percentage of |
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the real property acreage within the residential development site, |
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as determined by the commissioner, if the commissioner determines |
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that the increase in elementary school student enrollment warrants |
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the construction of a new elementary school facility to accommodate |
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the increased elementary school student population. |
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(c) The commissioner is not required to make a determination |
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under Subsection (b) unless requested to do so by the school |
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district in which the proposed residential development is to be |
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built. |
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(d) The commissioner shall by rule adopt a formula for |
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determining an appropriate impact fee under Subsection (b)(1). The |
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commissioner must base the formula on the impact of anticipated |
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growth in elementary school student enrollment resulting from a |
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planned residential development. |
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(e) In making a determination regarding the percentage of |
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acreage under Subsection (b)(2), the commissioner must provide the |
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district the opportunity to purchase at least 15 acres of land. |
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Sec. 47.002. CONDITION OF PLAT APPROVAL OR PERMIT ISSUANCE. |
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A county or municipality may not grant final approval under Chapter |
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212 or 232, Local Government Code, as applicable, to a plat or |
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replat of a residential development or issue permits required for a |
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residential development unless the developer presents evidence of |
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having: |
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(1) paid or otherwise satisfied the obligation of any |
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applicable development assessment imposed under Section |
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47.001(b)(1); |
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(2) transferred to the school district real property |
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acreage as required by Section 47.001(b)(2); or |
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(3) received, in writing, from the district a waiver |
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of the district's right to purchase the property as provided by |
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Section 47.001(b)(2). |
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Sec. 47.003. USE OF ASSESSMENT. (a) A school district may |
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use a fee collected under Section 47.001(b)(1) only for the |
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construction or expansion of elementary school facilities to |
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accommodate increased elementary school student enrollment in the |
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district. |
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(b) A school district may use land obtained under Section |
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47.001(b)(2) only as a location for elementary school facilities. |
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Sec. 47.004. REVENUE AND LAND OF DISTRICT. Any fee or land |
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obtained by a school district under Section 47.001 is in addition to |
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any other revenue or land to which the district is entitled under |
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this code. |
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Sec. 47.005. RULES. The commissioner shall adopt rules |
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necessary to administer this chapter. |
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SECTION 2. This Act applies only to a residential |
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development project that is finally approved by all appropriate |
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governmental authorities on or after September 1, 2007. |
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SECTION 3. This Act takes effect September 1, 2007. |