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.