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                                  * * * * *