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.