By Turner of Coleman                                  H.B. No. 2741
         77R5554 DAK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the platting of certain subdivisions in groundwater
 1-3     management areas.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 35.019, Water Code, is amended by amending
 1-6     Subsections (b) and (c) and adding Subsection (d) to read as
 1-7     follows:
 1-8           (b)  Subject to Subsection (d), the [The] commissioners court
 1-9     of a county in a priority groundwater management area may:
1-10                 (1)  require a person seeking approval of a plat
1-11     required by Subchapter A, Chapter 232, Local Government Code, to
1-12     show:
1-13                       (A)  compliance with the water availability
1-14     requirements adopted by the court under this section; and
1-15                       (B)  that an adequate supply of water of
1-16     sufficient quantity and quality is available to supply the number
1-17     of lots proposed for the platted area;
1-18                 (2)  adopt standards or formulas to determine whether
1-19     an adequate water supply exists for the platted area; and
1-20                 (3)  adopt procedures for submitting the information
1-21     necessary to determine whether an adequate water supply exists for
1-22     the platted area.
1-23           (c)  Subject to Subsection (d), the [The] water availability
1-24     requirements established by a commissioners court under this
 2-1     section may require that:
 2-2                 (1)  a person seeking approval of a plat or attempting
 2-3     to sell a lot in a subdivision:
 2-4                       (A)  notify a purchaser of a lot in the
 2-5     subdivision if an approved water supply for the subdivision does
 2-6     not exist; or
 2-7                       (B)  if the person attempts to build a water
 2-8     supply system to serve one or more lots within the subdivision:
 2-9                             (i)  comply with federal, state, and local
2-10     law; and
2-11                             (ii)  establish an entity to construct and
2-12     operate the system; or
2-13                 (2)  a planned or operating water supply system serving
2-14     one or more lots within a subdivision be built and operated in
2-15     compliance with federal, state, and local laws and rules related to
2-16     public drinking water.
2-17           (d)  This section does not apply to a person seeking approval
2-18     of a plat for a subdivision of fourteen or fewer lots if all of the
2-19     lots are restricted by deed to single family residential use only.
2-20           SECTION 2. Section 232.0031, Local Government Code, as added
2-21     by Chapter 460, Acts of the 76th Legislature, Regular Session,
2-22     1999, is renumbered as Section 232.0032, Local Government Code, and
2-23     amended to read as follows:
2-24           Sec. 232.0032 [232.0031].  ADDITIONAL REQUIREMENTS: USE OF
2-25     GROUNDWATER. (a)  If a person submits a plat for the subdivision of
2-26     a tract of land for which the source of the water supply intended
2-27     for the subdivision is groundwater under that land, the
 3-1     commissioners court of a county by order may require the plat
 3-2     application to have attached to it a statement that:
 3-3                 (1)  is prepared by an engineer registered to practice
 3-4     in this state; and
 3-5                 (2)  certifies that adequate groundwater is available
 3-6     for the subdivision.
 3-7           (b)  The Texas Natural Resource Conservation Commission by
 3-8     rule shall establish the appropriate form and content of a
 3-9     certification to be attached to a plat application under this
3-10     section.
3-11           (c)  This section does not apply to a person seeking approval
3-12     of a plat for a subdivision of fourteen or fewer lots if all of the
3-13     lots are restricted by deed to single family residential use only.
3-14           SECTION 3. (a)  This Act takes effect immediately if it
3-15     receives a vote of two-thirds of all the members elected to each
3-16     house, as provided by Section 39, Article III, Texas Constitution.
3-17     If this Act does not receive the vote necessary for immediate
3-18     effect, this Act takes effect September 1, 2001.
3-19           (b)  This Act applies only to a plat for the subdivision of a
3-20     tract of land that is filed on or after the effective date of this
3-21     Act.