88R29802 KBB-F
By: Perry, et al. S.B. No. 2440
(Burrows)
Substitute the following for S.B. No. 2440: No.
A BILL TO BE ENTITLED
AN ACT
relating to a requirement 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 Subsection (a) and adding Subsections (a-1),
(a-2), (d), and (e) to read as follows:
(a) Except as provided by Subsection (a-1), [If a person
submits] 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[, the municipal
authority responsible for approving plats by ordinance may require
the plat application to] 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.
(a-1) A municipal authority responsible for approving plats
may waive the requirement prescribed by Subsection (a) that a plat
application have attached to it a statement described by that
subsection if:
(1) the entire tract proposed to be subdivided by the
plat is located in an area included in a map posted on the Texas
Water Development Board's Internet website under Subsection (e); or
(2) both:
(A) the proposed subdivision divides the tract
into not more than 20 parts; and
(B) the municipal authority has a reasonable
belief that sufficient groundwater is available and will continue
to be available to the subdivided tract of land.
(a-2) A person subject to a waiver authorized by Subsection
(a-1)(2) regarding a subdivided tract of land must comply with the
requirements of Subsection (a) if the tract is subsequently divided
in a manner that results in the original tract being subdivided into
more than 20 parts.
(d) The executive administrator of the Texas Water
Development Board shall create and update maps delineating the
areas determined by the executive administrator to:
(1) be located over:
(A) the Gulf Coast Aquifer; or
(B) the Carrizo-Wilcox Aquifer; and
(2) have groundwater physically available to
landowners with an estimated average total dissolved solids
concentration of less than 1,000 milligrams per liter.
(e) The executive administrator of the Texas Water
Development Board shall make the most recent maps created or
updated under Subsection (d) publicly available on the board's
Internet website.
SECTION 2. Section 232.0032, Local Government Code, is
amended by amending Subsection (a) and adding Subsections (a-1),
(a-2), (d), and (e) to read as follows:
(a) Except as provided by Subsection (a-1), [If a person
submits] 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[, the commissioners
court of a county by order may require the plat application to] 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.
(a-1) A commissioners court may waive the requirement
prescribed by Subsection (a) that a plat application have attached
to it a statement described by that subsection if:
(1) the entire tract proposed to be subdivided by the
plat is located in an area included in a map posted on the Texas
Water Development Board's Internet website under Subsection (e); or
(2) both:
(A) the proposed subdivision divides the tract
into not more than 20 parts; and
(B) the commissioners court has a reasonable
belief that sufficient groundwater is available and will continue
to be available to the subdivided tract of land.
(a-2) A person subject to a waiver authorized by Subsection
(a-1)(2) regarding a subdivided tract of land must comply with the
requirements of Subsection (a) if the tract is subsequently divided
in a manner that results in the original tract being subdivided into
more than 20 parts.
(d) The executive administrator of the Texas Water
Development Board shall create and update maps delineating the
areas determined by the executive administrator to:
(1) be located over:
(A) the Gulf Coast Aquifer; or
(B) the Carrizo-Wilcox Aquifer; and
(2) have groundwater physically available to
landowners with an estimated average total dissolved solids
concentration of less than 1,000 milligrams per liter.
(e) The executive administrator of the Texas Water
Development Board shall make the most recent maps created or
updated under Subsection (d) publicly available on the board's
Internet website.
SECTION 3. The changes in law made by this Act apply only to
a plat application filed on or after the effective date of this Act.
A plat application filed before the effective date of this Act is
governed by the law in effect on the date the application was filed,
and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.