1-1 By: Wentworth S.B. No. 1323 1-2 (In the Senate - Filed March 11, 1999; March 15, 1999, read 1-3 first time and referred to Committee on Intergovernmental 1-4 Relations; April 23, 1999, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 5, Nays 0; 1-6 April 23, 1999, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1323 By: Moncrief 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to requiring certain plats for the subdivision of land to 1-11 include proof of groundwater supply. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter A, Chapter 212, Local Government Code, 1-14 is amended by adding Section 212.0101 to read as follows: 1-15 Sec. 212.0101. ADDITIONAL REQUIREMENTS: USE OF GROUNDWATER. 1-16 (a) The municipal authority responsible for approving plats may 1-17 not approve a plat for the subdivision of a tract of land for which 1-18 the source of the water supply intended for the subdivision is 1-19 groundwater under that land unless the plat application has 1-20 attached to it a statement that: 1-21 (1) is prepared by an engineer registered to practice 1-22 in this state; and 1-23 (2) certifies that adequate groundwater is available 1-24 for the subdivision. 1-25 (b) The Texas Natural Resource Conservation Commission by 1-26 rule shall establish the appropriate form and content of a 1-27 certification to be attached to a plat application under this 1-28 section. 1-29 SECTION 2. Subchapter A, Chapter 232, Local Government Code, 1-30 is amended by adding Section 232.0031 to read as follows: 1-31 Sec. 232.0031. ADDITIONAL REQUIREMENTS: USE OF GROUNDWATER. 1-32 (a) The commissioners court of a county may not approve a plat for 1-33 the subdivision of a tract of land for which the source of the 1-34 water supply intended for the subdivision is groundwater under that 1-35 land unless the plat application has attached to it a statement 1-36 that: 1-37 (1) is prepared by an engineer registered to practice 1-38 in this state; and 1-39 (2) certifies that adequate groundwater is available 1-40 for the subdivision. 1-41 (b) The Texas Natural Resource Conservation Commission by 1-42 rule shall establish the appropriate form and content of a 1-43 certification to be attached to a plat application under this 1-44 section. 1-45 SECTION 3. This Act takes effect September 1, 1999, and 1-46 applies only to a plat for the subdivision of a tract of land that 1-47 is filed on or after that date. 1-48 * * * * *