By Turner of Coleman                                  H.B. No. 2030

         75R5002 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the availability of water or water systems as a

 1-3     requirement for the approval of certain subdivision plats.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter A, Chapter 232, Local Government Code,

 1-6     is amended by adding Section 232.011 to read as follows:

 1-7           Sec. 232.011.  WATER AVAILABILITY.  (a) In addition to any

 1-8     other requirements of this subchapter, the commissioners court of a

 1-9     county in an area declared a critical area under Chapter 35, Water

1-10     Code, may require a person seeking approval of a plat to show

1-11     compliance with water availability requirements adopted by the

1-12     court.

1-13           (b)  The commissioners court may adopt water availability

1-14     requirements if the court determines that the requirements are

1-15     necessary to balance water management practices needed to prevent

1-16     current or projected water usage in the county from exceeding the

1-17     safe sustainable yield of the county's water supply.

1-18           (c)  The commissioners court may require that an applicant

1-19     drill a sufficient number of wells, if sufficient area well log

1-20     data is not available, or demonstrate in some other manner that

1-21     underground water of sufficient quantity and quality is available

1-22     to supply the number of lots proposed for the subdivision, either

1-23     through individual, properly spaced, private wells or by a

1-24     subdivision water supply system.

 2-1           (d)  The commissioners court may adopt procedures for the

 2-2     form of submitting the information and may adopt standards or

 2-3     formulas to determine if an adequate water supply exists.

 2-4           (e)  If the commissioners court adopts water availability

 2-5     requirements under this section, the court may, as a condition for

 2-6     the approval of the plat, require that:

 2-7                 (1)  the person requesting approval of the plat and any

 2-8     person attempting to sell a lot in the subdivision notify a

 2-9     purchaser of the lot if no approved water supply exists and assist

2-10     the purchaser with information, including area well log data,

2-11     necessary for the purchaser to develop a private water supply;

2-12                 (2)  the person requesting approval of the plat and any

2-13     person attempting to sell a lot in the subdivision who attempts to

2-14     build a subdivision water supply system comply with the

2-15     requirements of state, federal, and local law and establish a water

2-16     supply company to construct and  operate the system; and

2-17                 (3)  any planned or operating water supply system in

2-18     the subdivision be built or operated in a way that minimizes

2-19     high-to-excessive concentrations of dissolved solids or minerals

2-20     and ensures compliance with federal and state water quality

2-21     standards.

2-22           SECTION 2.  This Act takes effect September 1, 1997, and

2-23     applies only to a plat application filed on or after that date.

2-24           SECTION 3.  The importance of this legislation and the

2-25     crowded condition of the calendars in both houses create an

2-26     emergency and an imperative public necessity that the

2-27     constitutional rule requiring bills to be read on three several

 3-1     days in each house be suspended, and this rule is hereby suspended.

 3-2                          COMMITTEE AMENDMENT NO. 1

 3-3           Amend HB 2030 as follows:

 3-4           On Page 1, line 19, strike the words "sufficient number of

 3-5     wells" and replace with the words "test well".

 3-6                                                                  Mowery