Texas 2023 - 88th Regular

Texas Senate Bill SB2440

Filed
3/10/23  
Out of Senate Committee
4/3/23  
Voted on by Senate
4/6/23  
Out of House Committee
5/19/23  
Voted on by House
5/24/23  
Governor Action
6/18/23  

Caption

Relating to a requirement that certain plats for the subdivision of land include evidence of groundwater supply.

Impact

With an effective date set for January 1, 2024, Senate Bill 2440 will amend local government regulations regarding the subdivision of land in Texas. The bill allows municipal authorities to waive the proof of groundwater requirement under certain conditions, such as when adequate groundwater is evidenced based on credible sources or when the subdivision consists of a limited number of lots. However, should the development plans exceed these stipulations, developers will be required to provide verification of water availability before any subdivision can proceed.

Summary

Senate Bill 2440 focuses on ensuring that subdivisions provide evidence of groundwater availability before land can be subdivided for residential development. The bill mandates that developers must attach a certification from a licensed engineer or geoscientist to their plat applications, demonstrating that adequate groundwater exists to supply the planned homes. This legislation is aimed at protecting homebuyers from investing in properties where promised groundwater resources may not be available, thereby preventing potential water supply issues for new developments.

Sentiment

The sentiment surrounding Senate Bill 2440 has been predominantly supportive among stakeholders concerned about water resources in Texas. Various representatives from groundwater conservation districts and builders have weighed in positively, emphasizing the importance of transparency and reliability in water supply for new residential areas. Nonetheless, there exists a level of apprehension regarding the costs associated with compliance and how these requirements could potentially impact housing development timelines.

Contention

Notable points of contention related to SB 2440 revolve around concerns about development costs and the bureaucratic procedures linked with obtaining the required groundwater certifications. Developers, while supportive of ensuring water availability, expressed worries about the added costs and the potential delays in the development process that such requirements could entail. The debate thus highlights a tension between ensuring responsible land development practices and maintaining a streamlined approval process for new housing projects.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 212. Municipal Regulation Of Subdivisions And Property Development
    • Section: 0101
    • Section: 0101
    • Section: 0101
    • Section: 0101
  • Chapter 232. County Regulation Of Subdivisions
    • Section: 0032
    • Section: 0032
    • Section: 0032
    • Section: 0032

Companion Bills

No companion bills found.

Similar Bills

TX HB5213

Relating to groundwater requirements for municipal and county approval of subdivision plats and the powers and duties of groundwater conservation districts.

TX SB1268

Relating to the taxing power of the North Plains Groundwater Conservation District.

CA AB1413

Sustainable Groundwater Management Act: groundwater adjudication.

TX HB835

Relating to research, development and utilization of brackish groundwater resources.

TX HB2377

Relating to the development of brackish groundwater.

TX HB27

Relating to the development of brackish groundwater.

TX HB722

Relating to the development of brackish groundwater.

TX HB836

Relating to the development of brackish groundwater.