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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 48 to read as follows: |
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CHAPTER 48. MITIGATION OF IMPACT OF RESIDENTIAL DEVELOPMENT |
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Sec. 48.001. PURCHASE OF PROPERTY FOR SCHOOL FACILITIES. |
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(a) The developer of a proposed residential development |
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containing 1,000 or more residential units, including |
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single-family residential units and residential units within a |
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multi-family dwelling, who submits a plat or replat of the |
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development or part of the development for approval under Chapter |
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212 or 232, Local Government Code, as applicable, shall |
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simultaneously submit the plat or replat to the school district in |
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which the proposed residential 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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and that the increase in enrollment warrants the construction of a |
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new elementary school facility to accommodate the increased |
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elementary school population, the district is entitled to purchase, |
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for fair market value or a negotiated rate below fair market value, |
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a percentage of the real property acreage within the residential |
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development site, as determined by the commissioner. |
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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) In making a determination regarding the percentage of |
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acreage under Subsection (b), 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. 48.002. CONDITION OF PLAT APPROVAL OR PERMIT ISSUANCE. |
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(a) A county or municipality may not grant final approval under |
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Chapter 212 or 232, Local Government Code, as applicable, to a plat |
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or replat of a residential development described by Section |
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48.001(a) or part of the development or issue permits required for |
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the development described by Section 48.001(a) or part of the |
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development unless the developer presents evidence of having: |
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(1) transferred to the school district real property |
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acreage as required by Section 48.001(b); or |
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(2) 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 48.001(b). |
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(b) If any other law requires a county or municipality to |
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act within a specified period regarding the approval of a plat or |
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replat or the issuance of a permit, the period does not begin until |
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a developer presents the evidence required by Subsection (a). |
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Sec. 48.003. USE OF LAND. A school district may use land |
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obtained under Section 48.001(b) only as a location for elementary |
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school facilities. |
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Sec. 48.004. DISTRICT LAND. Any land obtained by a school |
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district under Section 48.001(b) is in addition to any other land to |
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which the district is entitled under this code. |
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Sec. 48.005. 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, 2009. |
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SECTION 3. This Act takes effect September 1, 2009. |
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