S.B. No. 2440
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) and
(a-2) 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) based on credible evidence of groundwater
availability in the vicinity of the proposed subdivision, the
municipal authority determines that sufficient groundwater is
available and will continue to be available to the subdivided tract
of land; and
(2) either:
(A) the entire tract proposed to be subdivided by
the plat will be supplied with groundwater from the Gulf Coast
Aquifer or the Carrizo-Wilcox Aquifer; or
(B) the proposed subdivision divides the tract
into not more than 10 parts.
(a-2) A person subject to a waiver authorized by Subsection
(a-1)(2)(B) regarding a subdivided tract of land must comply with
the requirements of Subsection (a) if:
(1) the tract is subsequently divided in a manner that
results in the original tract being subdivided into more than 10
parts; or
(2) the municipal authority determines that the
proposed subdivision is part of a series of proposed subdivisions
from an original tract that collectively includes more than 10
parts.
SECTION 2. Section 232.0032, Local Government Code, is
amended by amending Subsection (a) and adding Subsections (a-1) and
(a-2) 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) based on credible evidence of groundwater
availability in the vicinity of the proposed subdivision, the
commissioners court determines that sufficient groundwater is
available and will continue to be available to the subdivided tract
of land; and
(2) either:
(A) the entire tract proposed to be subdivided by
the plat will be supplied with groundwater from the Gulf Coast
Aquifer or the Carrizo-Wilcox Aquifer; or
(B) the proposed subdivision divides the tract
into not more than 10 parts.
(a-2) A person subject to a waiver authorized by Subsection
(a-1)(2)(B) regarding a subdivided tract of land must comply with
the requirements of Subsection (a) if:
(1) the tract is subsequently divided in a manner that
results in the original tract being subdivided into more than 10
parts; or
(2) the commissioners court determines that the
proposed subdivision is part of a series of proposed subdivisions
from an original tract that collectively includes more than 10
parts.
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 January 1, 2024.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2440 passed the Senate on
April 6, 2023, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 27, 2023, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2440 passed the House, with
amendments, on May 24, 2023, by the following vote: Yeas 120,
Nays 18, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor