Tex. Local Gov't Code Section 212.902
School District and Open-enrollment Charter School Land Development Standards


(a)

This section applies to an agreement between a school district or open-enrollment charter school and a municipality which has annexed territory for limited purposes.

(b)

On request by a school district or open-enrollment charter school, a municipality shall enter an agreement with the board of trustees of the school district or the governing body of the open-enrollment charter school to establish review fees, review periods, and land development standards ordinances and to provide alternative water pollution control methodologies for school buildings constructed by the school district or open-enrollment charter school. The agreement shall include a provision exempting the district or charter school from all land development ordinances in cases where the district or charter school is adding temporary classroom buildings on an existing school campus.

(c)

If the municipality and the school district or open-enrollment charter school do not reach an agreement on or before the 120th day after the date on which the municipality receives the district’s or charter school’s request for an agreement, proposed agreements by the district or charter school and the municipality shall be submitted to an independent arbitrator appointed by the presiding district judge whose jurisdiction includes the district or charter school. The arbitrator shall, after a hearing at which both the district or charter school and the municipality make presentations on their proposed agreements, prepare an agreement resolving any differences between the proposals. The agreement prepared by the arbitrator will be final and binding upon both the district or charter school and the municipality. The cost of the arbitration proceeding shall be borne equally by the district or charter school and the municipality.

(d)

A school district or open-enrollment charter school that requests an agreement under this section, at the time the district or charter school makes the request, shall send a copy of the request to the commissioner of education. At the end of the 120-day period, the requesting district or charter school shall report to the commissioner the status or result of negotiations with the municipality. A municipality may send a separate status report to the commissioner. The district or charter school shall send to the commissioner a copy of each agreement between the district or charter school and a municipality under this section.

(e)

An agreement between a municipality and an open-enrollment charter school under Subsection (b) may require that:

(1)

any revised land development standards may apply only while the property is used for purposes of the charter school; and

(2)

any property in use subject to land development standards established only for an open-enrollment charter school must be brought into compliance with all development regulations applicable to non-school related commercial developments by the property owner after closure or relocation of the charter school.

(f)

In this section:

(1)

“Land development standards” includes impervious cover limitations, building setbacks, floor to area ratios, building heights and coverage, water quality controls, landscaping, development setbacks, compatibility standards, traffic analyses, including traffic impact analyses, parking requirements, signage requirements, and driveway cuts, if applicable.

(2)

“Open-enrollment charter school” means a school granted a charter under Subchapter C, D, or E, Chapter 12 (Charters), Education Code.

(g)

Nothing in this section shall be construed to limit the applicability of or waive fees for fire, safety, health, or building code ordinances of the municipality prior to or during construction of school buildings, nor shall any agreement waive any fee or modify any ordinance of a municipality for an administration, service, or athletic facility proposed for construction by a school district or open-enrollment charter school.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 1, Sec. 3.18, eff. Sept. 1, 1990.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 699 (H.B. 1707), Sec. 2, eff. June 12, 2023.

Source: Section 212.902 — School District and Open-enrollment Charter School Land Development Standards, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­212.­htm#212.­902 (accessed Mar. 23, 2024).

212.001
Definitions
212.002
Rules
212.003
Extension of Rules to Extraterritorial Jurisdiction
212.004
Plat Required
212.005
Approval by Municipality Required
212.006
Authority Responsible for Approval Generally
212.007
Authority Responsible for Approval: Tract in Extraterritorial Jurisdiction of More than One Municipality
212.008
Application for Approval
212.009
Approval Procedure: Initial Approval
212.010
Standards for Approval
212.011
Effect of Approval on Dedication
212.012
Connection of Utilities
212.013
Vacating Plat
212.014
Replatting Without Vacating Preceding Plat
212.0015
Construction of Subchapter
212.015
Additional Requirements for Certain Replats
212.016
Amending Plat
212.017
Conflict of Interest
212.018
Enforcement in General
212.0021
Subdivision Requirements
212.0025
Chapter-wide Provision Relating to Regulation of Plats and Subdivisions in Extraterritorial Jurisdiction
212.041
Municipality Covered by Subchapter
212.042
Application of Subchapter a
212.043
Definitions
212.044
Plans, Rules, and Ordinances
212.0045
Exception to Plat Requirement: Municipal Determination
212.045
Development Plat Required
212.0046
Exception to Plat Requirement: Certain Property Abutting Aircraft Runway
212.046
Restriction on Issuance of Building and Other Permits by Municipality, County, or Official of Other Governmental Entity
212.047
Approval of Development Plat
212.048
Effect of Approval on Dedication
212.049
Building Permits in Extraterritorial Jurisdiction
212.050
Enforcement
212.0065
Delegation of Approval Responsibility
212.071
Developer Participation Contract
212.072
Duties of Parties Under Contract
212.073
Performance Bond
212.074
Additional Safeguards
212.0081
Required Application Materials
212.0085
Approval Procedure: Applicability
212.0091
Approval Procedure: Conditional Approval or Disapproval Requirements
212.0093
Approval Procedure: Applicant Response to Conditional Approval or Disapproval
212.0095
Approval Procedure: Approval or Disapproval of Response
212.0096
Approval Procedure: Alternative Approval Process
212.0097
Approval Procedure: Waiver Prohibited
212.0099
Judicial Review of Disapproval
212.0101
Additional Requirements: Use of Groundwater
212.101
Application of Subchapter to Certain Home-rule Municipality
212.102
Definitions
212.103
Traffic or Traffic Operations
212.104
Provision Not Enforceable
212.0105
Water and Sewer Requirements in Certain Counties
212.105
Subchapter Controls
212.0106
Bond Requirements and Other Financial Guarantees in Certain Counties
212.0115
Certification Regarding Compliance with Plat Requirements
212.131
Definitions
212.132
Applicability
212.133
Procedure for Adopting Moratorium
212.134
Notice and Public Hearing Requirements
212.135
Justification for Moratorium: Shortage of Essential Public Facilities
212.136
Expiration of Moratorium
212.137
Waiver Procedures Required
212.138
Effect on Other Law
212.139
Limitation on Moratorium
212.0145
Replatting Without Vacating Preceding Plat: Certain Subdivisions
212.0146
Replatting Without Vacating Preceding Plat: Certain Municipalities
212.151
Municipality Covered by Subchapter
212.152
Definition
212.153
Suit to Enforce Restrictions
212.154
Limitation on Enforcement
212.0155
Additional Requirements for Certain Replats Affecting a Subdivision Golf Course
212.155
Notice to Purchasers
212.156
Enforcement by Ordinance
212.157
Governmental Function
212.158
Effect on Other Law
212.171
Applicability
212.172
Development Agreement
212.173
Certain Coastal Areas
212.174
Municipal Utilities
212.0175
Enforcement in Certain Counties
212.201
Definitions
212.202
Applicability
212.203
Construction
212.204
Exclusive Authority
212.205
Parkland Dedication, Fee, or Combination
212.206
Request for Parkland Dedication Determination
212.207
Parkland Dedication Authority
212.208
Limitation on Parkland Dedication Amount
212.209
Initial Requirements for Determining Fees
212.210
General Requirements for Calculation of Fees
212.211
Requirements Calculation of Fees for Municipalities with Low Fees
212.212
Collection of Fees
212.213
Appeal
212.901
Developer Required to Provide Surety
212.902
School District and Open-enrollment Charter School Land Development Standards
212.903
Construction and Renovation Work on County-owned Buildings or Facilities in Certain Counties
212.904
Apportionment of Municipal Infrastructure Costs
212.905
Regulation of Tree Removal
212.906
Certain Value-based Fees and Disclosure of Certain Information Prohibited
212.1351
Justification for Moratorium: Significant Need for Public Facilities
212.1352
Justification for Commercial Moratorium in Certain Circumstances
212.1361
Notice for Extension Required
212.1362
Expiration of Moratorium on Commercial Property in Certain Circumstances
212.1535
Foreclosure by Property Owners’ Association

Accessed:
Mar. 23, 2024

§ 212.902’s source at texas​.gov