bill to make groundwater subdivisions prove the water is there

The text as introduced · 668 words

89R11211 JBD-F

By: Isaac
H.B. No. 5325

A BILL TO BE ENTITLED

AN ACT

relating to requirements that certain plats for the subdivision of

land include evidence of groundwater supply.

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

SECTION 1. Section 212.0101, Local Government Code, is

amended by amending Subsections (a) and (b) and adding Subsection

(a-3) to read as follows:

(a) Except as provided by Subsection (a-1), a plat

application for the subdivision of a tract of land for which the

source of the water supply intended for the subdivision is

groundwater under that land must have attached to it a statement

that:

(1) is prepared by an engineer licensed to practice in

this state or a geoscientist licensed to practice in this state;

[ and ]

(2) certifies that adequate groundwater is available

for the subdivision ; and

(3) complies with the rules adopted by the Texas

Commission on Environmental Quality under Subsection (b) .

(a-3) A municipal authority shall disapprove a plat

application if:

(1) the application fails to comply with the

requirements of this section; or

(2) the municipal authority determines that the

application fails to demonstrate adequate groundwater is available

for the subdivision.

(b) The Texas Commission on Environmental Quality by rule

shall establish :

(1) the appropriate form and content of a

certification to be attached to a plat application under this

section ; and

(2) what constitutes credible evidence of groundwater

availability for the purpose of Subsection (a-1)(1) .

SECTION 2. Section 232.0032, Local Government Code, is

amended by amending Subsections (a) and (b) and adding Subsection

(a-3) to read as follows:

(a) Except as provided by Subsection (a-1), a plat

application for the subdivision of a tract of land for which the

source of the water supply intended for the subdivision is

groundwater under that land must have attached to it a statement

that:

(1) is prepared by an engineer licensed to practice in

this state or a geoscientist licensed to practice in this state;

[ and ]

(2) certifies that adequate groundwater is available

for the subdivision ; and

(3) complies with the rules adopted by the Texas

Commission on Environmental Quality under Subsection (b) .

(a-3) A commissioners court shall disapprove a plat

application if:

(1) the application fails to comply with the

requirements of this section; or

(2) the commissioners court determines that the

application fails to demonstrate adequate groundwater is available

for the subdivision.

(b) The Texas Commission on Environmental Quality by rule

shall establish :

(1) the appropriate form and content of a

certification to be attached to a plat application under this

section ; and

(2) what constitutes credible evidence of groundwater

availability for the purpose of Subsection (a-1)(1) .

SECTION 3. Section 35.019, Water Code, is amended by

amending Subsection (a) and adding Subsection (d) to read as

follows:

(a) Notwithstanding Section 232.001(h), Local Government

Code, the [ The ] commissioners court of a county in a priority

groundwater management area may adopt water availability

requirements in an area where platting is required if the court

determines that the requirements are necessary to prevent current

or projected water use in the county from exceeding the safe

sustainable yield of the county's water supply.

(d) A commissioners court shall disapprove a plat

application if:

(1) the application fails to comply with the water

availability requirements adopted by the commissioners court under

this section; or

(2) the commissioners court determines that the person

seeking approval of the plat has failed to show that an adequate

water supply exists for the area proposed to be platted.

SECTION 4. The changes in law made by this Act apply only to

a plat application filed on or after the effective date of this Act.

SECTION 5. Not later than January 1, 2026, the Texas

Commission on Environmental Quality shall adopt rules as required

by Sections 212.0101(b) and 232.0032(b), Local Government Code, as

amended by this Act.

SECTION 6. This Act takes effect January 1, 2026.