HBA-AMW H.B. 3422 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3422 By: Krusee Land & Resource Management 3/21/2001 Introduced BACKGROUND AND PURPOSE Municipalities have the authority to regulate land use to protect the health, safety, and welfare of the public. Many municipalities have passed land development ordinances that have sometimes caused school districts to incur substantial costs in complying with these land development standards. Current law contains procedures for negotiating which land development standards school districts must comply with for each municipality, but issues have been raised concerning the costs and results of negotiating these agreements. House Bill 3422 provides that a school district is exempt from all municipal land development standards, except for certain municipal fire, safety, health, and building code ordinances and clarifies the standards for land development agreements between a municipality and a school district. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 3422 amends the Local Government Code to provide that a school district is exempt from all municipal land development standards, except for requirements regarding compliance with certain municipal fire, safety, health, and building code ordinances, and is only required to comply with land development standards included in an agreement between the school district and the municipality (agreement). The bill does not prohibit a municipality from providing funds in connection with any work that would bring school district property into compliance with a land development standard. The bill provides that provisions regarding an agreement apply to agreements between a school district and a municipality, rather than between school districts and any municipality which has annexed territory for limited purposes. The bill requires a school district and a municipality, when entering into an agreement, to balance the need of the school district to provide economical public schools and the obligation of the municipality to regulate land use to promote the public health, safety, and welfare. The bill authorizes, rather than requires, the agreement to include a provision exempting the district from all land development ordinances in cases where the district is adding temporary or permanent classroom buildings on an existing school campus. The bill adds permanent buildings to the types of classroom buildings included in the provision. The bill provides that an independent arbitrator appointed when a municipality and school district fail to reach an agreement must comply with the provisions regarding an agreement in resolving the differences. The bill provides that land development standards include subdivision and platting requirements, restrictions on temporary or permanent classroom buildings, building material restrictions, exterior facade restrictions, equipment location and cover restrictions, and limitations on parking. The bill specifies that municipal ordinances or regulations relating to aesthetics, maintaining property values, or zoning do not apply to school districts. EFFECTIVE DATE September 1, 2001.