By: Perry S.B. No. 2440
(In the Senate - Filed March 10, 2023; March 23, 2023, read
first time and referred to Committee on Water, Agriculture & Rural
Affairs; April 3, 2023, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
April 3, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2440 By: Perry
A BILL TO BE ENTITLED
AN ACT
relating to requiring certain plats for the subdivision of land to
include proof of groundwater supply.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 212.0101(a), Local Government Code, is
amended to read as follows:
(a) If a person submits a plat 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, the municipal
authority responsible for approving plats by ordinance shall [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.
SECTION 2. Section 232.0032(a), Local Government Code, is
amended to read as follows:
(a) If a person submits a plat 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, the commissioners court
of a county by order shall [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.
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.
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