HBA-NIK, DMD S.B. 1323 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1323 By: Wentworth Land & Resource Management 5/13/1999 Engrossed BACKGROUND AND PURPOSE Current law does not require developers of real estate intended to rely on groundwater to show proof of an adequate groundwater supply before property is sold. This can lead to problems as rural areas become developed and increasing demands are placed on an inadequate water supply. S.B. 1323 authorizes the municipal authority responsible for approving plats by ordinance or the commissioners court of a county by order, if a person submits a plat for the subdivision of a tract of land for which the source of the water supply intended for the subdivision is groundwater under that land, to require the plat application to have attached to it a statement that is prepared by an engineer registered to practice in this state, that certifies that adequate groundwater is available for the subdivision. This bill requires the Texas Natural Resource Conservation Commission, by rule, to establish the appropriate form and content of a certification to be attached to a plat application. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Natural Resource Conservation Commission in SECTION 1 (Section 212.0101, Local Government Code) and SECTION 2 (Section 232.0031, Local Government Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter A, Chapter 212, Local Government Code, by adding Section 212.0101, as follows: Sec. 212.0101. ADDITIONAL REQUIREMENTS: USE OF GROUNDWATER. (a) Authorizes the municipal authority responsible for approving plats by ordinance, if a person submits a plat for the subdivision of a tract of land for which the source of the water supply intended for the subdivision is groundwater under that land, to require the plat application to have attached to it a statement that is prepared by an engineer registered to practice in this state, that certifies that adequate groundwater is available for the subdivision. (b) Requires the Texas Natural Resource Conservation Commission (commission), by rule, to establish the appropriate form and content of a certification to be attached to a plat application under this section. SECTION 2. Amends Subchapter A, Chapter 232, Local Government Code, by adding Section 232.0031, as follows: Sec. 232.0031. ADDITIONAL REQUIREMENTS: USE OF GROUNDWATER. (a) Authorizes the commissioners court of a county by order, if a person submits a plat for the subdivision of a tract of land for which the source of the water supply intended for the subdivision is groundwater under that land, to require the plat application to have attached to it a statement that is prepared by an engineer registered to practice in this state, that certifies that adequate groundwater is available for the subdivision. (b) Requires the commission, by rule, to establish the appropriate form and content of a certification to be attached to a plat application under this section. SECTION 3.Provides that this Act is effective September 1, 1999, and applies only to a plat for the subdivision of a tract of land that is filed on or after that date.