Texas 2023 - 88th Regular

Texas Senate Bill SB2440 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 2440
2	2
3	3
4	4	AN ACT
5	5	relating to a requirement that certain plats for the subdivision of
6	6	land include evidence of groundwater supply.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 212.0101, Local Government Code, is
9	9	amended by amending Subsection (a) and adding Subsections (a-1) and
10	10	(a-2) to read as follows:
11	11	(a) Except as provided by Subsection (a-1), [If a person
12	12	submits] a plat application for the subdivision of a tract of land
13	13	for which the source of the water supply intended for the
14	14	subdivision is groundwater under that land must[, the municipal
15	15	authority responsible for approving plats by ordinance may require
16	16	the plat application to] have attached to it a statement that:
17	17	(1) is prepared by an engineer licensed to practice in
18	18	this state or a geoscientist licensed to practice in this state; and
19	19	(2) certifies that adequate groundwater is available
20	20	for the subdivision.
21	21	(a-1) A municipal authority responsible for approving plats
22	22	may waive the requirement prescribed by Subsection (a) that a plat
23	23	application have attached to it a statement described by that
24	24	subsection if:
25	25	(1) based on credible evidence of groundwater
26	26	availability in the vicinity of the proposed subdivision, the
27	27	municipal authority determines that sufficient groundwater is
28	28	available and will continue to be available to the subdivided tract
29	29	of land; and
30	30	(2) either:
31	31	(A) the entire tract proposed to be subdivided by
32	32	the plat will be supplied with groundwater from the Gulf Coast
33	33	Aquifer or the Carrizo-Wilcox Aquifer; or
34	34	(B) the proposed subdivision divides the tract
35	35	into not more than 10 parts.
36	36	(a-2) A person subject to a waiver authorized by Subsection
37	37	(a-1)(2)(B) regarding a subdivided tract of land must comply with
38	38	the requirements of Subsection (a) if:
39	39	(1) the tract is subsequently divided in a manner that
40	40	results in the original tract being subdivided into more than 10
41	41	parts; or
42	42	(2) the municipal authority determines that the
43	43	proposed subdivision is part of a series of proposed subdivisions
44	44	from an original tract that collectively includes more than 10
45	45	parts.
46	46	SECTION 2. Section 232.0032, Local Government Code, is
47	47	amended by amending Subsection (a) and adding Subsections (a-1) and
48	48	(a-2) to read as follows:
49	49	(a) Except as provided by Subsection (a-1), [If a person
50	50	submits] a plat application for the subdivision of a tract of land
51	51	for which the source of the water supply intended for the
52	52	subdivision is groundwater under that land must[, the commissioners
53	53	court of a county by order may require the plat application to] have
54	54	attached to it a statement that:
55	55	(1) is prepared by an engineer licensed to practice in
56	56	this state or a geoscientist licensed to practice in this state; and
57	57	(2) certifies that adequate groundwater is available
58	58	for the subdivision.
59	59	(a-1) A commissioners court may waive the requirement
60	60	prescribed by Subsection (a) that a plat application have attached
61	61	to it a statement described by that subsection if:
62	62	(1) based on credible evidence of groundwater
63	63	availability in the vicinity of the proposed subdivision, the
64	64	commissioners court determines that sufficient groundwater is
65	65	available and will continue to be available to the subdivided tract
66	66	of land; and
67	67	(2) either:
68	68	(A) the entire tract proposed to be subdivided by
69	69	the plat will be supplied with groundwater from the Gulf Coast
70	70	Aquifer or the Carrizo-Wilcox Aquifer; or
71	71	(B) the proposed subdivision divides the tract
72	72	into not more than 10 parts.
73	73	(a-2) A person subject to a waiver authorized by Subsection
74	74	(a-1)(2)(B) regarding a subdivided tract of land must comply with
75	75	the requirements of Subsection (a) if:
76	76	(1) the tract is subsequently divided in a manner that
77	77	results in the original tract being subdivided into more than 10
78	78	parts; or
79	79	(2) the commissioners court determines that the
80	80	proposed subdivision is part of a series of proposed subdivisions
81	81	from an original tract that collectively includes more than 10
82	82	parts.
83	83	SECTION 3. The changes in law made by this Act apply only to
84	84	a plat application filed on or after the effective date of this Act.
85	85	A plat application filed before the effective date of this Act is
86	86	governed by the law in effect on the date the application was filed,
87	87	and the former law is continued in effect for that purpose.
88	88	SECTION 4. This Act takes effect January 1, 2024.
89	89	______________________________ ______________________________
90	90	President of the Senate Speaker of the House
91	91	I hereby certify that S.B. No. 2440 passed the Senate on
92	92	April 6, 2023, by the following vote: Yeas 31, Nays 0; and that
93	93	the Senate concurred in House amendments on May 27, 2023, by the
94	94	following vote: Yeas 31, Nays 0.
95	95	______________________________
96	96	Secretary of the Senate
97	97	I hereby certify that S.B. No. 2440 passed the House, with
98	98	amendments, on May 24, 2023, by the following vote: Yeas 120,
99	99	Nays 18, one present not voting.
100	100	______________________________
101	101	Chief Clerk of the House
102	102	Approved:
103	103	______________________________
104	104	Date
105	105	______________________________
106	106	Governor