2023S0276-1 03/09/23
 
  By: Perry S.B. No. 2440
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring certain plats for the subdivision of land to
  include proof of groundwater supply.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 212.0101(a), Local Government Code, is
  amended to read as follows:
         (a)  If a person submits a plat 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, the municipal authority
  responsible for approving plats by ordinance shall [may] require
  the plat application to 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.
         SECTION 2.  Section 232.0032(a), Local Government Code, is
  amended to read as follows:
         (a)  If a person submits a plat 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, the commissioners court
  of a county by order shall [may] require the plat application to
  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.
         SECTION 3.  As soon as practicable after the effective date
  of this Act, the Texas Commission on Environmental Quality shall
  adopt rules implementing the changes in law made by this Act.
         SECTION 4.  The changes in law made by this Act apply only to
  a plat for the subdivision of a tract of land that is filed on or
  after the effective date of this Act. A plat for the subdivision of
  a tract of land that is filed before the effective date of this Act
  is governed by the law in effect at the time the application was
  filed, and the former law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.