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AN ACT
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relating to a requirement that certain plats for the subdivision of |
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land include evidence of groundwater supply. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 212.0101, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsections (a-1) and |
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(a-2) to read as follows: |
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(a) Except as provided by Subsection (a-1), [If a person |
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submits] a plat application for the subdivision of a tract of land |
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for which the source of the water supply intended for the |
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subdivision is groundwater under that land must[, the municipal |
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authority responsible for approving plats by ordinance may require |
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the plat application to] have attached to it a statement that: |
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(1) is prepared by an engineer licensed to practice in |
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this state or a geoscientist licensed to practice in this state; and |
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(2) certifies that adequate groundwater is available |
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for the subdivision. |
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(a-1) A municipal authority responsible for approving plats |
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may waive the requirement prescribed by Subsection (a) that a plat |
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application have attached to it a statement described by that |
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subsection if: |
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(1) based on credible evidence of groundwater |
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availability in the vicinity of the proposed subdivision, the |
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municipal authority determines that sufficient groundwater is |
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available and will continue to be available to the subdivided tract |
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of land; and |
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(2) either: |
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(A) the entire tract proposed to be subdivided by |
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the plat will be supplied with groundwater from the Gulf Coast |
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Aquifer or the Carrizo-Wilcox Aquifer; or |
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(B) the proposed subdivision divides the tract |
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into not more than 10 parts. |
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(a-2) A person subject to a waiver authorized by Subsection |
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(a-1)(2)(B) regarding a subdivided tract of land must comply with |
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the requirements of Subsection (a) if: |
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(1) the tract is subsequently divided in a manner that |
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results in the original tract being subdivided into more than 10 |
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parts; or |
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(2) the municipal authority determines that the |
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proposed subdivision is part of a series of proposed subdivisions |
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from an original tract that collectively includes more than 10 |
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parts. |
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SECTION 2. Section 232.0032, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsections (a-1) and |
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(a-2) to read as follows: |
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(a) Except as provided by Subsection (a-1), [If a person |
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submits] a plat application for the subdivision of a tract of land |
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for which the source of the water supply intended for the |
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subdivision is groundwater under that land must[, the commissioners |
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court of a county by order may require the plat application to] have |
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attached to it a statement that: |
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(1) is prepared by an engineer licensed to practice in |
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this state or a geoscientist licensed to practice in this state; and |
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(2) certifies that adequate groundwater is available |
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for the subdivision. |
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(a-1) A commissioners court may waive the requirement |
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prescribed by Subsection (a) that a plat application have attached |
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to it a statement described by that subsection if: |
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(1) based on credible evidence of groundwater |
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availability in the vicinity of the proposed subdivision, the |
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commissioners court determines that sufficient groundwater is |
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available and will continue to be available to the subdivided tract |
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of land; and |
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(2) either: |
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(A) the entire tract proposed to be subdivided by |
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the plat will be supplied with groundwater from the Gulf Coast |
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Aquifer or the Carrizo-Wilcox Aquifer; or |
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(B) the proposed subdivision divides the tract |
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into not more than 10 parts. |
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(a-2) A person subject to a waiver authorized by Subsection |
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(a-1)(2)(B) regarding a subdivided tract of land must comply with |
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the requirements of Subsection (a) if: |
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(1) the tract is subsequently divided in a manner that |
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results in the original tract being subdivided into more than 10 |
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parts; or |
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(2) the commissioners court determines that the |
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proposed subdivision is part of a series of proposed subdivisions |
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from an original tract that collectively includes more than 10 |
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parts. |
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SECTION 3. The changes in law made by this Act apply only to |
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a plat application filed on or after the effective date of this Act. |
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A plat application filed before the effective date of this Act is |
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governed by the law in effect on the date the application was filed, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect January 1, 2024. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2440 passed the Senate on |
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April 6, 2023, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendments on May 27, 2023, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2440 passed the House, with |
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amendments, on May 24, 2023, by the following vote: Yeas 120, |
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Nays 18, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |