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.