SRC-JJJ S.B. 1323 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1323
By: Wentworth
Intergovernmental Relations
7/27/1999
Enrolled


DIGEST 

Current law does not require developers of real estate that are intended to
rely on groundwater to show proof of an adequate groundwater supply before
property is sold.  This leads to problems as rural areas become developed
and increasing demands are placed on an inadequate supply.  S.B. 1323 will
establish provisions requiring certain plats for the subdivision of land to
include proof of ground water supply. 

PURPOSE

As enrolled, S.B. 1323 requires certain plats for the subdivision of land
to include proof of groundwater supply. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Natural Resource Conservation
Commission in SECTIONS 1 and 2 (Section 212.0101(b) and Section
232.0031(b), Local Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 212A, Local Government Code, by adding Section
212.0101, as follows: 

Sec. 212.0101.  ADDITIONAL REQUIREMENTS: USE OF GROUNDWATER. 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 the land, to require the plat application to have attached to it a
statement that includes certain information.  Requires the Texas Natural
Resource Conservation Commission (TNRCC), by rule, to establish the
appropriate form and content of a certification to be attached to a plat
application.   

SECTION 2.  Amends Chapter 232A, Local Government Code, by adding Section
232.0031, as follows: 

Sec. 232.0031.  ADDITIONAL REQUIREMENTS: USE OF GROUNDWATER. Authorizes the
commissioners court of a county 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 the land, to require the plat application to have
attached to it a statement that includes certain information. Requires
TNRCC, by rule, to establish the appropriate form and content of a
certification to be attached to a plat application.   

SECTION 3.  Effective date: September 1, 1999.
            Makes application of this Act prospective.