Texas 2025 - 89th Regular

Texas Senate Bill SB1855 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Perry S.B. No. 1855
2	2
3	3
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to requirements that certain plats for the subdivision of
9	9	land include evidence of groundwater supply.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 212.0101, Local Government Code, is
12	12	amended by amending Subsections (a) and (b) and adding Subsection
13	13	(a-3) to read as follows:
14	14	(a) Except as provided by Subsection (a-1), a plat
15	15	application for the subdivision of a tract of land for which the
16	16	source of the water supply intended for the subdivision is
17	17	groundwater under that land must have attached to it a statement
18	18	that:
19	19	(1) is prepared by an engineer licensed to practice in
20	20	this state or a geoscientist licensed to practice in this state;
21	21	[and]
22	22	(2) certifies that adequate groundwater is available
23	23	for the subdivision; and
24	24	(3) complies with the rules adopted by the Texas
25	25	Commission on Environmental Quality under Subsection (b).
26	26	(a-3) A municipal authority shall disapprove a plat
27	27	application if the application fails to comply with the
28	28	requirements of this section.
29	29	(b) The Texas Commission on Environmental Quality by rule
30	30	shall establish:
31	31	(1) the appropriate form and content of a
32	32	certification to be attached to a plat application under this
33	33	section; and
34	34	(2) what constitutes credible evidence of groundwater
35	35	availability for the purpose of Subsection (a-1)(1).
36	36	SECTION 2. Section 232.0032, Local Government Code, is
37	37	amended by amending Subsections (a) and (b) and adding Subsection
38	38	(a-3) to read as follows:
39	39	(a) Except as provided by Subsection (a-1), a plat
40	40	application for the subdivision of a tract of land for which the
41	41	source of the water supply intended for the subdivision is
42	42	groundwater under that land must have attached to it a statement
43	43	that:
44	44	(1) is prepared by an engineer licensed to practice in
45	45	this state or a geoscientist licensed to practice in this state;
46	46	[and]
47	47	(2) certifies that adequate groundwater is available
48	48	for the subdivision; and
49	49	(3) complies with the rules adopted by the Texas
50	50	Commission on Environmental Quality under Subsection (b).
51	51	(a-3) A commissioners court shall disapprove a plat
52	52	application if the application fails to comply with the
53	53	requirements of this section.
54	54	(b) The Texas Commission on Environmental Quality by rule
55	55	shall establish:
56	56	(1) the appropriate form and content of a
57	57	certification to be attached to a plat application under this
58	58	section; and
59	59	(2) what constitutes credible evidence of groundwater
60	60	availability for the purpose of Subsection (a-1)(1).
61	61	SECTION 3. Section 35.019(a), Water Code, is amended to
62	62	read as follows:
63	63	(a) Notwithstanding Section 232.001(h), Local Government
64	64	Code, the [The] commissioners court of a county in a priority
65	65	groundwater management area may adopt water availability
66	66	requirements in an area where platting is required if the court
67	67	determines that the requirements are necessary to prevent current
68	68	or projected water use in the county from exceeding the safe
69	69	sustainable yield of the county's water supply.
70	70	SECTION 4. The changes in law made by this Act apply only to
71	71	a plat application filed on or after the effective date of this Act.
72	72	SECTION 5. Not later than January 1, 2026, the Texas
73	73	Commission on Environmental Quality shall adopt rules as required
74	74	by Sections 212.0101(b) and 232.0032(b), Local Government Code, as
75	75	amended by this Act.
76	76	SECTION 6. This Act takes effect January 1, 2026.