82R2704 EAH-D
 
  By: Wentworth S.B. No. 296
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the mitigation of the impact of residential development
  in public school districts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle I, Title 2, Education Code, is amended
  by adding Chapter 47 to read as follows:
  CHAPTER 47. MITIGATION OF IMPACT OF RESIDENTIAL DEVELOPMENT
         Sec. 47.001.  PURCHASE OF PROPERTY FOR SCHOOL FACILITIES.
  (a) The developer of a proposed residential development containing
  1,000 or more residential units, including single-family
  residential units and residential units within a multi-family
  dwelling, who submits a plat or replat of the development or part of
  the development for approval under Chapter 212 or 232, Local
  Government Code, as applicable, shall provide advance notice of the
  submission to the school district in which the proposed residential
  development is located. The developer must provide the notice not
  later than the 60th day before the date on which the developer
  submits the plat or replat.
         (b)  If the commissioner determines that a residential
  development described by Subsection (a) is likely to significantly
  increase elementary school student enrollment in a school district
  and that the increase in enrollment warrants the construction of a
  new elementary school facility to accommodate the increased
  elementary school population, the district is entitled to purchase,
  for fair market value or a negotiated rate below fair market value,
  a percentage of the real property acreage within the residential
  development site, as determined by the commissioner, unless the
  developer has already designated a location for a new elementary
  school facility within the residential development site on at least
  15 acres of land.
         (c)  The commissioner is not required to make a determination
  under Subsection (b) unless requested to do so by the school
  district in which the proposed residential development is to be
  built.
         (d)  In making a determination regarding the percentage of
  acreage under Subsection (b), the commissioner must provide the
  district the opportunity to purchase at least 15 acres of land.
         Sec. 47.002.  CONDITION OF PLAT APPROVAL OR PERMIT ISSUANCE.
  (a) A county or municipality may not grant final approval under
  Chapter 212 or 232, Local Government Code, as applicable, to a plat
  or replat of a residential development described by Section
  47.001(a) or part of the development or issue permits required for
  the development described by Section 47.001(a) or part of the
  development unless the developer presents evidence of providing the
  notice required under Section 47.001(a) to the school district.
         (b)  If any other law requires a county or municipality to
  act within a specified period regarding the approval of a plat or
  replat or the issuance of a permit, the period does not begin until
  a developer presents the evidence required by Subsection (a).
         Sec. 47.003.  USE OF LAND. A school district may use land
  obtained under Section 47.001(b) only as a location for elementary
  school facilities.
         Sec. 47.004.  DISTRICT LAND. Any land obtained by a school
  district under Section 47.001(b) is in addition to any other land to
  which the district is entitled under this code.
         Sec. 47.005.  RULES. The commissioner shall adopt rules
  necessary to administer this chapter.
         SECTION 2.  This Act applies only to a residential
  development project that is finally approved by all appropriate
  governmental authorities on or after September 1, 2011.
         SECTION 3.  This Act takes effect September 1, 2011.