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By: Perry |
S.B. No. 2440 |
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(In the Senate - Filed March 10, 2023; March 23, 2023, read |
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first time and referred to Committee on Water, Agriculture & Rural |
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Affairs; April 3, 2023, reported adversely, with favorable |
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Committee Substitute by the following vote: Yeas 8, Nays 0; |
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April 3, 2023, sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR S.B. No. 2440 |
By: Perry |
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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring certain plats for the subdivision of land to |
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include proof 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(a), Local Government Code, is |
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amended to read as follows: |
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(a) If a person submits a plat for the subdivision of a |
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tract of land for which the source of the water supply intended for |
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the subdivision is groundwater under that land, the municipal |
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authority responsible for approving plats by ordinance shall [may] |
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require the plat application to have attached to it a statement |
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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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SECTION 2. Section 232.0032(a), Local Government Code, is |
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amended to read as follows: |
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(a) If a person submits a plat for the subdivision of a tract |
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of land for which the source of the water supply intended for the |
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subdivision is groundwater under that land, the commissioners court |
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of a county by order shall [may] require the plat application to |
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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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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 immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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