bill to make subdivisions prove the groundwater exists

The text as introduced · 821 words

90R974 DRS-D

By: Perry
S.B. No. 263

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of subdivisions and approval of

subdivision plans or plats.

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 the application fails to comply with the

requirements of this section.

(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. Sections 232.0015(c) and (f), Local Government

Code, are amended to read as follows:

(c) A county may not require the owner of a tract of land

located outside the limits of a municipality who divides the tract

into two or more parts to have a plat of the subdivision prepared

if:

(1) the owner does not lay out :

(A) a part of the tract described by Section

232.001(a)(3) ; or

(B) one or more streets, alleys, squares, parks,

or other parts of the tract intended for the use of purchasers or

owners of lots fronting on or adjacent to the streets, alleys,

squares, parks, or other parts ; and

(2) the land is to be used primarily for agricultural

use, as defined by Section 1-d, Article VIII, Texas Constitution,

or for farm, ranch, wildlife management, or timber production use

within the meaning of Section 1-d-1, Article VIII, Texas

Constitution.

(f) A county may not require the owner of a tract of land

located outside the limits of a municipality who divides the tract

into two or more parts to have a plat of the subdivision prepared

if:

(1) all of the lots of the subdivision are more than 10

acres in area; and

(2) the owner does not lay out :

(A) a part of the tract described by Section

232.001(a)(3) ; or

(B) one or more streets, alleys, squares, parks,

or other parts of the tract intended for the use of purchasers or

owners of lots fronting on or adjacent to the streets, alleys,

squares, parks, or other parts .

SECTION 3. 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 the application fails to comply with the

requirements of this section.

(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 4. Section 35.019(a), Water Code, is amended 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.

SECTION 5. 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 6. Not later than January 1, 2028, 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 7. This Act takes effect January 1, 2028.