By: Lucio S.B. No. 2190

A BILL TO BE ENTITLED

AN ACT

relating to an interim study to determine public school facility needs.

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

SECTION 1. Subchapter Z, Chapter 44, Education Code, is amended by adding Section 44.907 to read as follows:

Sec. 44.907. INTERIM STUDY REGARDING PUBLIC SCHOOL FACILITY NEEDS; ADVISORY PANEL. (a) The commissioner shall establish an advisory panel to conduct a study of public school facility needs. The advisory panel is composed of six members as follows:

(1) one member is the state demographer or the state demographer's designee;

(2) one member who is a superintendent or a chief financial officer of a small school district;

(3) one member who is a superintendent or a chief financial officer of a midsize school district;

(4) one member who is a superintendent or a chief financial officer of an urban school district;

(5) one member who is a superintendent or a chief financial officer of a rural school district; and

(6) one member who is a superintendent or a chief financial officer of a fast growth school district. A fast growth school district is any school district that has more than 3,400 weighted students in average daily attendance (WADA), and has enrollment growth of at least 10 percent over the last five years, or has a net increase of 5000 WADA in any given year.

(7) All members of this advisory panel, except for the state demographer or the state demographer's designee, represent districts that have a total taxable property value per student in average daily attendance that is less than the total taxable property value per student in average daily attendance available to the Austin Independent School District as of September 1, 2009.

(b) The commissioner shall by rule establish criteria for the school district categories specified by Subsection (a).

(c) The commissioner shall designate one member of the advisory panel as the presiding officer.

(d) The state demographer shall design a survey to request that each school district, with a total taxable property value per student in average daily attendance that is less than the total taxable property value per student in average daily attendance available to the Austin Independent School District as of September 1, 2009, project the facility needs of the school district for the next five years by:

(1) identifying the number of:

(A) new facilities needed; and

(B) potential projects requiring the expansion or renovation of existing facilities; and

(2) classifying each item listed in Subdivision (1) by academic level and purpose, including administrative, instructional, athletic, or support.

(e) After the state demographer has designed the survey, the advisory panel shall review the survey to determine if:

(1) the survey is properly designed to obtain the information intended to be obtained; and

(2) each school district can reasonably complete the survey.

(f) The advisory panel may require the state demographer to make changes to the survey, including providing or requesting additional information.

(g) After the advisory panel approves the survey, each regional education service center shall:

(1) distribute the survey to each school district in the region;

(2) provide a method for each district to return the survey results to the regional education service center; and

(3) report the results collected in response to the survey to the advisory panel.

(h) Not later than September 1, 2010, the advisory panel shall report the results and any conclusions the advisory panel draws from the results to the agency, the governor, the lieutenant governor, the speaker of the house of representatives, and the standing legislative committees with primary jurisdiction over public education.

(i) In addition to the survey described by Subsection (d), the state demographer shall provide to the advisory panel a projection of student enrollment growth in each school district for the next 10 years.

(j) The section expires September 1, 2011.

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, 2009.