89R11211 JBD-F
By: Isaac H.B. No. 5325
A BILL TO BE ENTITLED
AN ACT
relating to requirements 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 Subsections (a) and (b) and adding Subsection
(a-3) to read as follows:
(a) Except as provided by Subsection (a-1), 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 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; and
(3) complies with the rules adopted by the Texas
Commission on Environmental Quality under Subsection (b).
(a-3) A municipal authority shall disapprove a plat
application if:
(1) the application fails to comply with the
requirements of this section; or
(2) the municipal authority determines that the
application fails to demonstrate adequate groundwater is available
for the subdivision.
(b) The Texas Commission on Environmental Quality by rule
shall establish:
(1) the appropriate form and content of a
certification to be attached to a plat application under this
section; and
(2) what constitutes credible evidence of groundwater
availability for the purpose of Subsection (a-1)(1).
SECTION 2. Section 232.0032, Local Government Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(a-3) to read as follows:
(a) Except as provided by Subsection (a-1), 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 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; and
(3) complies with the rules adopted by the Texas
Commission on Environmental Quality under Subsection (b).
(a-3) A commissioners court shall disapprove a plat
application if:
(1) the application fails to comply with the
requirements of this section; or
(2) the commissioners court determines that the
application fails to demonstrate adequate groundwater is available
for the subdivision.
(b) The Texas Commission on Environmental Quality by rule
shall establish:
(1) the appropriate form and content of a
certification to be attached to a plat application under this
section; and
(2) what constitutes credible evidence of groundwater
availability for the purpose of Subsection (a-1)(1).
SECTION 3. Section 35.019, Water Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) Notwithstanding Section 232.001(h), Local Government
Code, the [The] commissioners court of a county in a priority
groundwater management area may adopt water availability
requirements in an area where platting is required if the court
determines that the requirements are necessary to prevent current
or projected water use in the county from exceeding the safe
sustainable yield of the county's water supply.
(d) A commissioners court shall disapprove a plat
application if:
(1) the application fails to comply with the water
availability requirements adopted by the commissioners court under
this section; or
(2) the commissioners court determines that the person
seeking approval of the plat has failed to show that an adequate
water supply exists for the area proposed to be platted.
SECTION 4. The changes in law made by this Act apply only to
a plat application filed on or after the effective date of this Act.
SECTION 5. Not later than January 1, 2026, the Texas
Commission on Environmental Quality shall adopt rules as required
by Sections 212.0101(b) and 232.0032(b), Local Government Code, as
amended by this Act.
SECTION 6. This Act takes effect January 1, 2026.