80R2795 DRH-D

By: Van de Putte S.B. No. 638

A BILL TO BE ENTITLED

AN ACT

relating to allowing a school district to charge an impact fee for certain capital improvements.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 395, Local Government Code, is amended by adding Subchapter E to read as follows: SUBCHAPTER E. CAPITAL IMPROVEMENTS FOR SCHOOL DISTRICTS

Sec. 395.151. IMPACT FEE AUTHORIZED. (a) A school district may impose an impact fee only as provided by this subchapter.

(b) The other provisions of this chapter apply to a school district imposing an impact fee under this subchapter except that to the extent of any conflict between those provisions and this subchapter, this subchapter controls.

Sec. 395.152. SCOPE OF CAPITAL IMPROVEMENTS. (a) For purposes of this subchapter, a capital improvement means only an instructional facility as defined by Section 46.001, Education Code.

(b) In preparing a capital improvements plan, a school district may use a person who is experienced in planning and forecasting the growth of school enrollment and the need for and cost of new or expanded instructional facilities instead of a licensed engineer.

Sec. 395.153. ADVISORY COMMITTEE. The commissioner of education shall appoint an advisory committee composed of representatives from governmental entities and private organizations that have a demonstrated interest in residential development or school district operation or that would be significantly affected by an assessment under this chapter, including representatives of the Fast Growth School Coalition, the Texas Association of Builders, the Texas Building Branch of the Associated General Contractors of America, and the Texas Association of School Boards. The committee shall provide the commissioner with recommendations regarding:

(1) the maximum amount of the impact fee per service unit that may be imposed under this subchapter;

(2) any changes considered necessary to the method by which the impact fee authorized by this subchapter is calculated; and

(3) other rules related to the impact fee authorized under this subchapter that are considered necessary to implement the fee.

Sec. 395.154. MAXIMUM IMPACT FEE. (a) The commissioner of education shall by rule adopt the maximum amount of the impact fee per service unit and the method by which the impact fee is calculated after considering the recommendations of the committee under Section 395.153 and after adjusting the recommendations only as the public interest requires. An amount adopted under this subsection takes effect on the first day of the calendar year following adoption of the rule.

(b) Until an amount adopted by the commissioner under Subsection (a) takes effect, the maximum impact fee per service unit is the amount determined under Section 395.015, except that no fee may be imposed before January 1, 2008.

Sec. 395.155. RULES. The commissioner of education may adopt rules as necessary to implement this subchapter.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.