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A BILL TO BE ENTITLED
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AN ACT
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relating to a requirement that a school district develop and adopt a |
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site selection policy before selecting a site for construction of a |
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new school; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 11, Education Code, is |
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amended by adding Section 11.173 to read as follows: |
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Sec. 11.173. SITE SELECTION POLICY FOR CONSTRUCTION OF NEW |
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SCHOOLS. (a) Except as provided by Subsection (b), a school |
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district shall: |
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(1) develop, adopt, and periodically revise as |
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necessary a policy that specifies the procedures required to be |
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followed by the district in selecting a site on which to construct a |
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new school; and |
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(2) file the current policy described by Subdivision |
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(1) with the Texas Commission on Environmental Quality not later |
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than the 30th day before the date the district begins the site |
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selection process for a new school. |
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(b) A school district is not required to develop, adopt, and |
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file a policy under this section if the district does not anticipate |
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constructing a new school on a site selected for that purpose. |
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(c) A policy required under this section must include: |
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(1) procedures for obtaining general public input |
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regarding proposed sites; |
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(2) a list of criteria for determining suitable sites, |
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including criteria relating to safety, accessibility, soil |
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condition, air quality, and cost; |
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(3) a list of factors that immediately disqualify a |
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proposed site from further consideration; |
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(4) procedures for conducting a Phase I environmental |
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site assessment of a proposed site in accordance with Subsection |
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(d) before the site may be given further consideration; |
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(5) procedures for determining, based on the results |
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of the Phase I environmental site assessment, whether a Phase II |
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environmental site assessment of a proposed site must be conducted |
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before the site may be selected; |
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(6) procedures for informing the public of the results |
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of any Phase II environmental site assessment of a proposed site and |
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obtaining public input before final selection of that site; and |
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(7) if the board of trustees of the district makes a |
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final selection of a site with one or more known environmental |
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hazards, as indicated by the Phase II environmental site assessment |
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of the site, procedures for developing and submitting a site |
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remediation plan to the Texas Commission on Environmental Quality |
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for approval. |
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(d) For purposes of Subsection (c)(4), a Phase I |
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environmental site assessment of a proposed site must include: |
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(1) a review of the history of the site, including |
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previous ownership and uses of the site; |
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(2) identification of potential liabilities and risks |
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associated with environmental and public health considerations |
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arising from previous ownership and uses of the site; |
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(3) a visual inspection of the site and surrounding |
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properties for potential sources of environmental contamination; |
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and |
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(4) a review of federal, state, and local government |
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records regarding releases of hazardous substances that may affect |
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the site. |
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(e) For purposes of Subsection (c)(5), a Phase II |
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environmental site assessment of a proposed site must include |
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thorough assessment of any environmental concern identified in the |
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Phase I environmental site assessment of the site. |
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(f) The Texas Commission on Environmental Quality, on its |
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own motion or at the request of the agency, may impose an |
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administrative penalty against a school district that selects or |
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attempts to select a site on which to construct a new school without |
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having filed a policy in compliance with this section. The penalty |
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may not exceed the sum of: |
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(1) $5,000; and |
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(2) $100 for each day: |
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(A) beginning on the day after the date the |
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district begins the site selection process; and |
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(B) ending on the day the district: |
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(i) files with the Texas Commission on |
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Environmental Quality a policy that complies with this section; or |
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(ii) certifies in writing to the Texas |
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Commission on Environmental Quality and the agency that the |
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district is no longer attempting to select a site for a new school. |
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SECTION 2. Section 11.173, Education Code, as added by this |
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Act, applies only to a school district in connection with a school |
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site selection process that begins on or after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2009. |