2023S0276-1 03/09/23
By: Perry S.B. No. 2440
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. As soon as practicable after the effective date
of this Act, the Texas Commission on Environmental Quality shall
adopt rules implementing the changes in law made by this Act.
SECTION 4. The changes in law made by this Act apply only to
a plat for the subdivision of a tract of land that is filed on or
after the effective date of this Act. A plat for the subdivision of
a tract of land that is filed before the effective date of this Act
is governed by the law in effect at the time the application was
filed, and the former law is continued in effect for that purpose.
SECTION 5. 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.