TITLE: Relating to the mitigation of the impact of residential development in public school districts.

SUMMARY: Relating to the mitigation of the impact of residential development in public school districts.

FULL TEXT:
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.