BILL ANALYSIS Senate Research Center C.S.S.B. 2440 88R21131 KBB-F By: Perry Water, Agriculture & Rural Affairs 4/3/2023 Committee Report (Substituted) AUTHOR'S / SPONSOR'S STATEMENT OF INTENT There have been many instances around the state where new housing developments are being built and groundwater is stated as an available resource. There is no guarantee that groundwater is actually there and many people who are buying their retirement home or their first home are stuck without water. This has also been happening in other states, where developers state there is available groundwater when there is not. (Original Author's/Sponsor's Statement of Intent) C.S.S.B. 2440 amends current law relating to requiring certain plats for the subdivision of land to include proof of groundwater supply. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 212.0101(a), Local Government Code, as follows: (a) Requires, rather than authorizes, the municipal authority responsible for approving plats by ordinance, 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, to require the plat application to have attached to it a statement that meets certain criteria. SECTION 2. Amends Section 232.0032(a), Local Government Code, as follows: (a) Requires, rather than authorizes, the commissioners court of a county by order, 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, to require the plat application to have attached to it a statement that meets certain criteria. SECTION 3. Makes application of this Act prospective. SECTION 4. Effective date: upon passage or September 1, 2023.
BILL ANALYSIS
Senate Research Center C.S.S.B. 2440
88R21131 KBB-F By: Perry
Water, Agriculture & Rural Affairs
4/3/2023
Committee Report (Substituted)
Senate Research Center
C.S.S.B. 2440
88R21131 KBB-F
By: Perry
Water, Agriculture & Rural Affairs
4/3/2023
Committee Report (Substituted)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
There have been many instances around the state where new housing developments are being built and groundwater is stated as an available resource. There is no guarantee that groundwater is actually there and many people who are buying their retirement home or their first home are stuck without water.
This has also been happening in other states, where developers state there is available groundwater when there is not.
(Original Author's/Sponsor's Statement of Intent)
C.S.S.B. 2440 amends current law relating to requiring certain plats for the subdivision of land to include proof of groundwater supply.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 212.0101(a), Local Government Code, as follows:
(a) Requires, rather than authorizes, the municipal authority responsible for approving plats by ordinance, 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, to require the plat application to have attached to it a statement that meets certain criteria.
SECTION 2. Amends Section 232.0032(a), Local Government Code, as follows:
(a) Requires, rather than authorizes, the commissioners court of a county by order, 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, to require the plat application to have attached to it a statement that meets certain criteria.
SECTION 3. Makes application of this Act prospective.
SECTION 4. Effective date: upon passage or September 1, 2023.