Texas 2025 - 89th Regular

Texas House Bill HB5325 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R11211 JBD-F
2	2	By: Isaac H.B. No. 5325
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to requirements that certain plats for the subdivision of
10	10	land include evidence of groundwater supply.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 212.0101, Local Government Code, is
13	13	amended by amending Subsections (a) and (b) and adding Subsection
14	14	(a-3) to read as follows:
15	15	(a) Except as provided by Subsection (a-1), a plat
16	16	application for the subdivision of a tract of land for which the
17	17	source of the water supply intended for the subdivision is
18	18	groundwater under that land must have attached to it a statement
19	19	that:
20	20	(1) is prepared by an engineer licensed to practice in
21	21	this state or a geoscientist licensed to practice in this state;
22	22	[and]
23	23	(2) certifies that adequate groundwater is available
24	24	for the subdivision; and
25	25	(3) complies with the rules adopted by the Texas
26	26	Commission on Environmental Quality under Subsection (b).
27	27	(a-3) A municipal authority shall disapprove a plat
28	28	application if:
29	29	(1) the application fails to comply with the
30	30	requirements of this section; or
31	31	(2) the municipal authority determines that the
32	32	application fails to demonstrate adequate groundwater is available
33	33	for the subdivision.
34	34	(b) The Texas Commission on Environmental Quality by rule
35	35	shall establish:
36	36	(1) the appropriate form and content of a
37	37	certification to be attached to a plat application under this
38	38	section; and
39	39	(2) what constitutes credible evidence of groundwater
40	40	availability for the purpose of Subsection (a-1)(1).
41	41	SECTION 2. Section 232.0032, Local Government Code, is
42	42	amended by amending Subsections (a) and (b) and adding Subsection
43	43	(a-3) to read as follows:
44	44	(a) Except as provided by Subsection (a-1), a plat
45	45	application for the subdivision of a tract of land for which the
46	46	source of the water supply intended for the subdivision is
47	47	groundwater under that land must have attached to it a statement
48	48	that:
49	49	(1) is prepared by an engineer licensed to practice in
50	50	this state or a geoscientist licensed to practice in this state;
51	51	[and]
52	52	(2) certifies that adequate groundwater is available
53	53	for the subdivision; and
54	54	(3) complies with the rules adopted by the Texas
55	55	Commission on Environmental Quality under Subsection (b).
56	56	(a-3) A commissioners court shall disapprove a plat
57	57	application if:
58	58	(1) the application fails to comply with the
59	59	requirements of this section; or
60	60	(2) the commissioners court determines that the
61	61	application fails to demonstrate adequate groundwater is available
62	62	for the subdivision.
63	63	(b) The Texas Commission on Environmental Quality by rule
64	64	shall establish:
65	65	(1) the appropriate form and content of a
66	66	certification to be attached to a plat application under this
67	67	section; and
68	68	(2) what constitutes credible evidence of groundwater
69	69	availability for the purpose of Subsection (a-1)(1).
70	70	SECTION 3. Section 35.019, Water Code, is amended by
71	71	amending Subsection (a) and adding Subsection (d) to read as
72	72	follows:
73	73	(a) Notwithstanding Section 232.001(h), Local Government
74	74	Code, the [The] commissioners court of a county in a priority
75	75	groundwater management area may adopt water availability
76	76	requirements in an area where platting is required if the court
77	77	determines that the requirements are necessary to prevent current
78	78	or projected water use in the county from exceeding the safe
79	79	sustainable yield of the county's water supply.
80	80	(d) A commissioners court shall disapprove a plat
81	81	application if:
82	82	(1) the application fails to comply with the water
83	83	availability requirements adopted by the commissioners court under
84	84	this section; or
85	85	(2) the commissioners court determines that the person
86	86	seeking approval of the plat has failed to show that an adequate
87	87	water supply exists for the area proposed to be platted.
88	88	SECTION 4. The changes in law made by this Act apply only to
89	89	a plat application filed on or after the effective date of this Act.
90	90	SECTION 5. Not later than January 1, 2026, the Texas
91	91	Commission on Environmental Quality shall adopt rules as required
92	92	by Sections 212.0101(b) and 232.0032(b), Local Government Code, as
93	93	amended by this Act.
94	94	SECTION 6. This Act takes effect January 1, 2026.