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


Senate Research Center   S.B. 1323
76R8044 DRH-DBy: Wentworth
Intergovernmental Relations
4/19/1999
As Filed


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 would
establish provisions requiring certain plats for the subdivision of land to
include proof of ground water supply. 

PURPOSE

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

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

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.  Prohibits the
municipal authority responsible for approving plats from approving a plat
for the subdivision of a tract of land for which the intended source of the
water supply is groundwater under that land unless the plat application has
attached to it a statement regarding the groundwater.  Requires the
statement to be in a form acceptable to and to be approved by the Texas
Natural Resource Conservation Commission (TNRCC). 

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

Sec. 232.0031.  ADDITIONAL REQUIREMENTS: USE OF GROUNDWATER.  Prohibits the
commissioners court of a county from approving 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, unless the plat application
has a statement containing certain information attached to it.  Requires
the statement to be in a form acceptable to and to be approved by TNRCC 

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