SLC H.B. 2030 75(R)BILL ANALYSIS


LAND & RESOURCE MANAGEMENT
H.B. 2030
By: Turner, Bob
4-11-97
Committee Report (Amended)



BACKGROUND 

Chapter 232, Local Government Code, provides counties authority to
establish and enforce minimal standards for new subdivisions outside of
cities. Commissioners Courts have authority to adopt seven specific types
of requirements for new subdivisions, four of which directly relate to new
roads, one to drainage, one to disclosure of water availability, and one
requiring an owner subdividing land to execute a bond to cover costs of
road construction. Commissioners Courts review plats for compliance with
county regulations and must approve them before they may be filed. 

City subdivision regulation authority is much broader. 212.002, Local
Government Code, allows a city to adopt any requirement of new
subdivisions "to promote the health, safety, morals, or general welfare of
the municipality." 

In recent years, a greater amount of new development has taken place
outside of cities, including areas recently designated by the Texas
Natural Resource Conservation Commission (TNRCC) as areas with critical
groundwater problems. In these so-called critical areas, new development
often results in a greater demand for groundwater than there is water
available. When property is subdivided, the increased groundwater usage
causes the water table to drop and existing water wells to go dry. In some
cases the new subdivision does not have access to adequate groundwater.
The current ability to require disclosure of water availability requires
the developer to state that water would be supplied through owner-drilled
wells, but does not require the developer to demonstrate that adequate
groundwater is available. 

PURPOSE

HB 2030 provides Commissioners Courts in areas declared as "critical
areas" by the TNRCC the authority to require owners of land who wish to
subdivide their land to demonstrate that adequate groundwater exists to
support the new development.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does grant additional
rulemaking authority to commissioners courts in Sec. 232.011(b) by
allowing them to "adopt water availability requirements".  Sec. 232.011(d)
also grants rulemaking authority by allowing commissioners courts to
"adopt procedures for the form of submitting" information, as well as, the
ability to "adopt standards or formulas" in determining adequate water
supplies.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chp. 232, Local Gov. Code, by adding Sec.
232.011 as follows: 

 Sec. 232.011.  WATER AVAILABILITY.  

 (a) Authorizes Commissioners' Courts in areas declared as critical areas
by the TNRCC to establish water availability requirements for owners of
land seeking approval of a subdivision plat within the county; 
 
 (b) allows a Commissioners Court to determine the requirements that are
necessary to balance water management practices needed to prevent water
usage from exceeding availability before adopting the regulations; 

 (c) authorizes Commissioners' Courts to require applicants to demonstrate
that sufficient quantity and quality of underground water is available to
supply the lots proposed for the subdivision, either through wells or a
water supply system; 

 (d) authorizes Commissioners' Courts to adopt procedures for the form of
submitting the information and allows the court to adopt standards or
formulas to determine if adequate groundwater exists; and 

 (e) authorizes Commissioners' Courts to require a person requesting plat
approval or attempting to sell a lot in the subdivision to: 

  (1) notify a lot purchaser if no approved water supply exists and assist
them with information, including well log data, necessary for the
purchaser to develop a private water supply. 

  (2) meet state, federal, and local law and establish a water supply
company if building a subdivision water supply system.  

  (3) Commissioners' Courts may require any planned or operating water
supply system in the subdivision to be built or operated in a way that
minimizes high-to-excessive concentrations of dissolved solids or minerals
and ensures compliance with federal and state water quality standards. 

SECTION 2. Applicability clause and effective date: September 1, 1997.

SECTION 3. Emergency clause.

EXPLANATION OF AMENDMENTS

Committee Amendment No. 1  by:  Mowery

This amendment strikes the words "sufficient number of wells" and replaces
them with the words "test well".  This allows the commissioners court to
require an applicant to drill a "test well", if sufficient area well log
data is not available.