By Wentworth                                           S.B. No. 800
         77R4357 JMG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of the subdivision of land under the
 1-3     jurisdiction of counties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. The heading to Subchapter A, Chapter 232, Local
 1-6     Government Code, is amended to read as follows:
 1-7         SUBCHAPTER A. SUBDIVISION PLATTING REQUIREMENTS APPLYING TO
 1-8                  NONRESIDENTIAL SUBDIVISIONS [IN GENERAL]
 1-9           SECTION 2. Subchapter A, Chapter 232, Local Government Code,
1-10     is amended by adding Section 232.0001 to read as follows:
1-11           Sec. 232.0001.  APPLICABILITY. This subchapter does not apply
1-12     to a subdivision of land to which Subchapter B applies.
1-13           SECTION 3. The heading to Subchapter B, Chapter 232, Local
1-14     Government Code, is amended to read as follows:
1-15         SUBCHAPTER B. SUBDIVISION PLATTING REQUIREMENTS APPLYING TO
1-16       RESIDENTIAL SUBDIVISIONS [IN COUNTY NEAR INTERNATIONAL BORDER]
1-17           SECTION 4. Section 232.022, Local Government Code, is amended
1-18     to read as follows:
1-19           Sec. 232.022.  APPLICABILITY. (a)  [This subchapter applies
1-20     only to a county any part of which is located within 50 miles of an
1-21     international border.]
1-22           [(b)]  This subchapter applies only to land that is
1-23     subdivided into two or more lots that are intended primarily for
1-24     residential use in the jurisdiction of the county.  A lot is
 2-1     presumed to be intended for residential use if the lot is five
 2-2     acres or less. [This subchapter does not apply if the subdivision
 2-3     is incident to the conveyance of the land as a gift between persons
 2-4     related to each other within the third degree by affinity or
 2-5     consanguinity, as determined under Chapter 573, Government Code.]
 2-6           (b) [(c)]  For purposes of this section, land is considered
 2-7     to be in the jurisdiction of a county if the land is located in the
 2-8     county and outside the corporate limits of municipalities.
 2-9           SECTION 5. Subchapter B, Chapter 232, Local Government Code,
2-10     is amended by adding Sections 232.0225, 232.0235, and 232.0245 to
2-11     read as follows:
2-12           Sec. 232.0225.  MINIMUM STATE STANDARDS. (a)  To the extent
2-13     this subchapter refers to minimum state standards or refers to the
2-14     application of a provision of Chapter 16, Water Code, the
2-15     references apply to all counties regardless of any limitation
2-16     established by Chapter 16, Water Code, including the limitation
2-17     established by Section 16.343(f), Water Code.
2-18           (b)  This section and the other provisions of this subchapter
2-19     do not authorize a county to participate in any financial
2-20     assistance program or any other program authorized by Chapter 15,
2-21     16, or 17, Water Code, unless the county qualifies under the Water
2-22     Code.
2-23           Sec. 232.0235.  EXCEPTIONS TO PLATTING REQUIREMENTS. A
2-24     division of land that is excepted from the platting requirements of
2-25     Subchapter A by or under Section 232.0015 is also excepted from the
2-26     platting requirements of this subchapter.
2-27           Sec. 232.0245.  TIMELY APPROVAL OF PLATS. Section 232.0025
 3-1     applies to the platting process established by this subchapter in
 3-2     the same manner in which it applies to the process under Subchapter
 3-3     A.
 3-4           SECTION 6. Section 232.025, Local Government Code, is amended
 3-5     to read as follows:
 3-6           Sec. 232.025.  SUBDIVISION REQUIREMENTS. By an order adopted
 3-7     and entered in the minutes of the commissioners court, and after a
 3-8     notice is published in English and Spanish in a newspaper of
 3-9     general circulation in the county, the commissioners court shall
3-10     for each subdivision:
3-11                 (1)  require a right-of-way on a street or road that
3-12     functions as a main artery in a subdivision, of a width of not less
3-13     than 50 feet or more than 100 feet;
3-14                 (2)  require a right-of-way on any other street or road
3-15     in a subdivision of not less than 40 feet or more than 70 feet;
3-16                 (3)  require that the shoulder-to-shoulder width on
3-17     collectors or main arteries within the right-of-way be not less
3-18     than 32 feet or more than 56 feet, and that the
3-19     shoulder-to-shoulder width on any other street or road be not less
3-20     than 25 feet or more than 35 feet;
3-21                 (4)  adopt, based on the amount and kind of travel over
3-22     each street or road in a subdivision, reasonable specifications
3-23     relating to the construction of each street or road;
3-24                 (5)  adopt reasonable specifications to provide
3-25     adequate drainage for each street or road in a subdivision in
3-26     accordance with standard engineering practices;
3-27                 (6)  require that each purchase contract made between a
 4-1     subdivider and a purchaser of land in the subdivision contain a
 4-2     statement describing how and when water, sewer, electricity, and
 4-3     gas services will be made available to the subdivision;  [and]
 4-4                 (7)  require that the subdivider of the tract execute a
 4-5     bond in the manner provided by Section 232.027;
 4-6                 (8)  adopt reasonable specifications that provide for
 4-7     drainage in the subdivision to:
 4-8                       (A)  efficiently manage the flow of stormwater
 4-9     runoff in the subdivision; and
4-10                       (B)  coordinate subdivision drainage with the
4-11     general storm drainage pattern for the area; and
4-12                 (9)  require lot and block monumentation to be set by a
4-13     registered professional surveyor before recordation of the plat.
4-14           SECTION 7. Subchapter B, Chapter 232, Local Government Code,
4-15     is amended by adding Sections 232.0255 and 232.0256 to read as
4-16     follows:
4-17           Sec. 232.0255.  STANDARD FOR ROADS IN SUBDIVISION. A county
4-18     may not impose under Section 232.025 a higher standard for streets
4-19     or roads in a subdivision than the county imposes on itself for the
4-20     construction of streets or roads with a similar type and amount of
4-21     traffic.
4-22           Sec. 232.0256.  ADDITIONAL REQUIREMENTS: USE OF GROUNDWATER.
4-23     (a)  If a person submits a plat for the subdivision of a tract of
4-24     land for which the source of the water supply intended for the
4-25     subdivision is groundwater under that land, the commissioners court
4-26     of a county by order may require the plat application to have
4-27     attached to it a statement that:
 5-1                 (1)  is prepared by an engineer registered to practice
 5-2     in this state; and
 5-3                 (2)  certifies that adequate groundwater is available
 5-4     for the subdivision.
 5-5           (b)  The Texas Natural Resource Conservation Commission by
 5-6     rule shall establish the appropriate form and content of a
 5-7     certification to be attached to a plat application under this
 5-8     section.
 5-9           SECTION 8. Section 232.038, Local Government Code, is amended
5-10     to read as follows:
5-11           Sec. 232.038.  SUIT BY PRIVATE PERSON [IN ECONOMICALLY
5-12     DISTRESSED AREA]. A person who has purchased or is purchasing from
5-13     a subdivider a lot after July 1, 1995, in a subdivision for
5-14     residential purposes that does not have water and sewer services as
5-15     required by this subchapter [and is located in an economically
5-16     distressed area, as defined by Section 17.921, Water Code, from a
5-17     subdivider,] may bring suit in the district court in which the
5-18     property is located or in a district court in Travis County to:
5-19                 (1)  declare the sale of the property void and require
5-20     the subdivider to return the purchase price of the property; and
5-21                 (2)  recover from the subdivider:
5-22                       (A)  the market value of any permanent
5-23     improvements the person placed on the property;
5-24                       (B)  actual expenses incurred as a direct result
5-25     of the failure to provide adequate water and sewer facilities;
5-26                       (C)  court costs; and
5-27                       (D)  reasonable attorney's fees.
 6-1           SECTION 9. Subchapter B, Chapter 232, Local Government Code,
 6-2     is amended by adding Section 232.0385 to read as follows:
 6-3           Sec. 232.0385.  EXCEPTIONS FOR COUNTIES WITH POPULATION OF
 6-4     MORE THAN 2.2 MILLION OR CONTIGUOUS COUNTIES. (a)  This section
 6-5     applies to a county:
 6-6                 (1)  that has a population of more than 2.2 million or
 6-7     that is contiguous with a county that has a population of more than
 6-8     2.2 million; and
 6-9                 (2)  in which the commissioners court by order elects
6-10     to operate under this section.
6-11           (b)  If a county elects to operate under this section,
6-12     Section 232.036 does not apply to the county.  The sections of this
6-13     chapter preceding Section 232.036 do apply to the county in the
6-14     same manner that they apply to other counties except that:
6-15                 (1)  they apply only to tracts of land located outside
6-16     municipalities and the extraterritorial jurisdiction of
6-17     municipalities, as determined under Chapter 42; and
6-18                 (2)  the commissioners court of the county, instead of
6-19     having the powers granted by Sections 232.025(2) and (3), may:
6-20                       (A)  require a right-of-way on a street or road
6-21     that does not function as a main artery in the subdivision of not
6-22     less than 40 feet or more than 50 feet; and
6-23                       (B)  require that the street cut on a main artery
6-24     within the right-of-way be not less than 30 feet or more than 45
6-25     feet, and that the street cut on any other street or road within
6-26     the right-of-way be not less than 25 feet or more than 35 feet.
6-27           SECTION 10. Section 232.007, Local Government Code, is
 7-1     transferred to Subchapter B, Chapter 232, Local Government Code,
 7-2     redesignated as Section 232.0386, and amended to read as follows:
 7-3           Sec. 232.0386 [232.007].  MANUFACTURED HOME RENTAL
 7-4     COMMUNITIES. (a)  In this section:
 7-5                 (1)  "Manufactured home rental community" means a plot
 7-6     or tract of land that is separated into two or more spaces or lots
 7-7     that are rented, leased, or offered for rent or lease, for a term
 7-8     of less than 60 months without a purchase option, for the
 7-9     installation of manufactured homes for use and occupancy as
7-10     residences.
7-11                 (2)  "Business day" means a day other than a Saturday,
7-12     Sunday, or holiday recognized by this state.
7-13           (b)  A manufactured home rental community is not a
7-14     subdivision, and Sections 232.0001 [232.001]-232.006 and Sections
7-15     232.021-232.0385 do not apply to the community.
7-16           (c)  After a public hearing and after notice is published in
7-17     a newspaper of general circulation in the county, the commissioners
7-18     court of a county, by order adopted and entered in the minutes of
7-19     the commissioners court, may establish minimum infrastructure
7-20     standards for manufactured home rental communities located in the
7-21     county outside the limits of a municipality.  The minimum standards
7-22     may include only:
7-23                 (1)  reasonable specifications to provide adequate
7-24     drainage in accordance with standard engineering practices,
7-25     including specifying necessary drainage culverts and identifying
7-26     areas included in the 100-year flood plain;
7-27                 (2)  reasonable specifications for providing an
 8-1     adequate public or community water supply, including specifying the
 8-2     location of supply lines, in accordance with Subchapter C, Chapter
 8-3     341, Health and Safety Code;
 8-4                 (3)  reasonable requirements for providing access to
 8-5     sanitary sewer lines, including specifying the location of sanitary
 8-6     sewer lines, or providing adequate on-site sewage facilities in
 8-7     accordance with Chapter 366, Health and Safety Code;
 8-8                 (4)  a requirement for the preparation of a survey
 8-9     identifying the proposed manufactured home rental community
8-10     boundaries and any significant features of the community, including
8-11     the proposed location of manufactured home rental community spaces,
8-12     utility easements, and dedications of rights-of-way; and
8-13                 (5)  reasonable specifications for streets or roads in
8-14     the manufactured rental home community to provide ingress and
8-15     egress access for fire and emergency vehicles.
8-16           (d)  The commissioners court may not adopt minimum
8-17     infrastructure standards that are more stringent than requirements
8-18     adopted by the commissioners court for subdivisions. The
8-19     commissioners court may only adopt minimum infrastructure standards
8-20     for ingress and egress access by fire and emergency vehicles that
8-21     are reasonably necessary.
8-22           (e)  If the commissioners court adopts minimum infrastructure
8-23     standards for manufactured home rental communities, the owner of
8-24     land located outside the limits of a municipality who intends to
8-25     use the land for a manufactured home rental community must have an
8-26     infrastructure development plan prepared that complies with the
8-27     minimum infrastructure standards adopted by the commissioners court
 9-1     under Subsection (c).
 9-2           (f)  Not later than the 60th day after the date the owner of
 9-3     a proposed manufactured home rental community submits an
 9-4     infrastructure development plan for approval, the county engineer
 9-5     or another person designated by the commissioners court shall
 9-6     approve or reject the plan in writing.  If the plan is rejected,
 9-7     the written rejection must specify the reasons for the rejection
 9-8     and the actions required for approval of the plan.  The failure to
 9-9     reject a plan within the period prescribed by this subsection
9-10     constitutes approval of the plan.
9-11           (g)  Construction of a proposed manufactured home rental
9-12     community may not begin before the date the county engineer or
9-13     another person designated by the commissioners court approves the
9-14     infrastructure development plan.  The commissioners court may
9-15     require inspection of the infrastructure during or on completion of
9-16     its construction.  If a final inspection is required, the final
9-17     inspection must be completed not later than the second business day
9-18     after the date the commissioners court or the person designated by
9-19     the commissioners court receives a written confirmation from the
9-20     owner that the construction of the infrastructure is complete.  If
9-21     the inspector determines that the infrastructure complies with the
9-22     infrastructure development plan, the commissioners court shall
9-23     issue a certificate of compliance not later than the fifth business
9-24     day after the date the final inspection is completed.  If a final
9-25     inspection is not required, the commissioners court shall issue a
9-26     certificate of compliance not later than the fifth business day
9-27     after the date the commissioners court or the person designated by
 10-1    the commissioners court receives written certification from the
 10-2    owner that construction of the infrastructure has been completed in
 10-3    compliance with the infrastructure development plan.
 10-4          (h)  A utility may not provide utility services, including
 10-5    water, sewer, gas, and electric services, to a manufactured home
 10-6    rental community subject to an infrastructure development plan or
 10-7    to a manufactured home in the community unless the owner provides
 10-8    the utility with a copy of the certificate of compliance issued
 10-9    under Subsection (g).  This subsection applies only to:
10-10                (1)  a municipality that provides utility services;
10-11                (2)  a municipally owned or municipally operated
10-12    utility that provides utility services;
10-13                (3)  a public utility that provides utility services;
10-14                (4)  a nonprofit water supply or sewer service
10-15    corporation organized and operating under Chapter 67, Water Code,
10-16    that provides utility services;
10-17                (5)  a county that provides utility services; and
10-18                (6)  a special district or authority created by state
10-19    law that provides utility services.
10-20          SECTION 11. Section 232.0085, Local Government Code, is
10-21    transferred to Subchapter B, Chapter 232, Local Government Code,
10-22    redesignated as Section 232.0395, and amended to read as follows:
10-23          Sec. 232.0395 [232.0085].  CANCELLATION OF CERTAIN
10-24    SUBDIVISIONS IF LAND REMAINS UNDEVELOPED. (a)  Section 232.0225
10-25    does not apply to this section.
10-26          (b)  This section applies only to real property located:
10-27                (1)  outside municipalities and the extraterritorial
 11-1    jurisdiction of municipalities, as determined under Chapter 42; and
 11-2                (2)  in an affected county, as defined by Section
 11-3    16.341, Water Code, that has adopted the model rules developed
 11-4    under Section 16.343, Water Code, and is located along an
 11-5    international border.
 11-6          (c) [(b)]  The commissioners court of a county may cancel,
 11-7    after notice and a hearing as required by this section, a
 11-8    subdivision for which the plat was filed and approved before
 11-9    September 1, 1989, if:
11-10                (1)  the development of or the making of improvements
11-11    in the subdivision was not begun before the effective date of this
11-12    section; and
11-13                (2)  the commissioners court by resolution has made a
11-14    finding that the land in question is likely to be developed as a
11-15    colonia.
11-16          (d) [(c)]  The commissioners court must publish notice of a
11-17    proposal to cancel a subdivision under this section and the time
11-18    and place of the required hearing in a newspaper of general
11-19    circulation in the county for at least 21 days immediately before
11-20    the date a cancellation order is adopted under this section.  The
11-21    county tax assessor-collector shall, not later than the 14th day
11-22    before the date of the hearing, deposit with the United States
11-23    Postal Service a similar notice addressed to each owner of land in
11-24    the subdivision, as determined by the most recent county tax roll.
11-25          (e) [(d)]  At the hearing, the commissioners court shall
11-26    permit any interested person to be heard.  At the conclusion of the
11-27    hearing, the court shall adopt an order on whether to cancel the
 12-1    subdivision.  The commissioners court may adopt an order canceling
 12-2    a subdivision if the court determines the cancellation is in the
 12-3    best interest of the public.  The court may not adopt an order
 12-4    canceling a subdivision if:
 12-5                (1)  the cancellation interferes with the established
 12-6    rights of a person who is a nondeveloper owner and owns any part of
 12-7    the subdivision, unless the person agrees to the cancellation; or
 12-8                (2)  the owner of the entire subdivision is able to
 12-9    show that:
12-10                      (A)  the owner of the subdivision is able to
12-11    comply with the minimum state standards and model political
12-12    subdivision rules developed under Section 16.343, Water Code,
12-13    including any bonding requirements; or
12-14                      (B)  the land was developed or improved within
12-15    the period described by Subsection (c) [(b)].
12-16          (f) [(e)]  The commissioners court shall file the
12-17    cancellation order for recording in the deed records of the county.
12-18    After the cancellation order is filed and recorded, the property
12-19    shall be treated as if it had never been subdivided, and the county
12-20    chief appraiser shall assess the property accordingly.  Any liens
12-21    against the property shall remain against the property as it was
12-22    previously subdivided.
12-23          (g) [(f)]  In this section:
12-24                (1)  "Development" means the making, installing, or
12-25    constructing of buildings and improvements.
12-26                (2)  "Improvements" means water supply, treatment, and
12-27    distribution facilities;  wastewater collection and treatment
 13-1    facilities; and other utility facilities.  The term does not
 13-2    include roadway facilities.
 13-3          SECTION 12. Section 232.041, Local Government Code, is
 13-4    amended by amending Subsection (b) and adding Subsection (e) to
 13-5    read as follows:
 13-6          (b)  After the application is filed with the commissioners
 13-7    court, the court shall publish a notice of the application in a
 13-8    newspaper of general circulation in the county.  The notice must
 13-9    include a statement of the time and place at which the court will
13-10    meet to consider the application and to hear protests to the
13-11    revision of the plat.  The notice must be published at least three
13-12    times during the period that begins on the 30th day and ends on the
13-13    seventh day before the date of the meeting.  If all or part of the
13-14    subdivided tract has been sold to nondeveloper owners, the court
13-15    shall also give notice to each of those owners by certified or
13-16    registered mail, return receipt requested, at the owner's address
13-17    in the subdivided tract.  Except as provided by Subsection (e), if
13-18    all or part of the subdivided tract has been sold to nondeveloper
13-19    owners, the court shall also give notice to each of those owners by
13-20    certified or registered mail, return receipt requested, at the
13-21    owner's address in the subdivided tract.
13-22          (e)  The commissioners court is not required to give notice
13-23    by mail under Subsection (b) if the plat revision only combines
13-24    existing tracts.
13-25          SECTION 13. Subchapter B, Chapter 232, Local Government Code,
13-26    is amended by adding Section 232.0415 to read as follows:
13-27          Sec. 232.0415.  EXCEPTION TO PLAT REQUIREMENT: COUNTY
 14-1    DETERMINATION. A commissioners court of the county may allow
 14-2    conveyance of portions of one or more previously platted lots by
 14-3    metes and bounds description without revising the plat.
 14-4          SECTION 14. Section 232.043(a), Local Government Code, is
 14-5    amended to read as follows:
 14-6          (a)  On the request of a subdivider who created an unplatted
 14-7    subdivision or a resident purchaser of a lot in the subdivision,
 14-8    the commissioners court of a county may grant:
 14-9                (1)  a delay or variance from compliance with the
14-10    subdivision requirements prescribed by Section 232.023(b)(8) or
14-11    (9), 232.025(1), (2), (3), (4), or (5), [or] 232.030(c)(2), (3),
14-12    (5), or (6), or 232.0385(b)(2); or
14-13                (2)  a delay or variance for an individual lot from
14-14    compliance with the requirements prescribed by the model
14-15    subdivision rules adopted under Section 16.343, Water Code, for:
14-16                      (A)  the distance that a structure must be set
14-17    back from roads or property lines; or
14-18                      (B)  the number of single-family, detached
14-19    dwellings that may be located on a lot.
14-20          SECTION 15.  Sections 242.001(a) and (c), Local Government
14-21    Code, are amended to read as follows:
14-22          (a)  This section applies only to a county operating under
14-23    Sections 232.0001 [232.001]-232.005 or Sections 232.021-232.038
14-24    [Subchapter B or C, Chapter 232].
14-25          (c)  In the extraterritorial jurisdiction of a municipality,
14-26    the municipality may regulate subdivisions under Subchapter A of
14-27    Chapter 212 and other statutes applicable to municipalities, and
 15-1    the county may regulate subdivisions under Sections 232.0001
 15-2    [232.001]-232.005, Sections 232.021-232.038, [Subchapter B or C,
 15-3    Chapter 232,] and other statutes applicable to counties.  If a
 15-4    municipal regulation conflicts with a county regulation, the more
 15-5    stringent provisions prevail.
 15-6          SECTION 16.  Section 242.002(a), Local Government Code, is
 15-7    amended to read as follows:
 15-8          (a)  This section applies only to a county operating under
 15-9    Section 232.006 or Section 232.0385.
15-10          SECTION 17.  Section 13.002(26), Water Code, is amended to
15-11    read as follows:
15-12                (26)  "Affected county" is a county any part of which
15-13    is located within 50 miles of an international border [to which
15-14    Subchapter B, Chapter 232, Local Government Code, applies].
15-15          SECTION 18.  Section 13.2501, Water Code, is amended to read
15-16    as follows:
15-17          Sec. 13.2501.  CONDITIONS REQUIRING REFUSAL OF SERVICE. The
15-18    holder of a certificate of public convenience and necessity shall
15-19    refuse to serve a customer within its certified area if the holder
15-20    of the certificate is prohibited from providing the service under
15-21    Section 212.012 or 232.029 [232.0047], Local Government Code.
15-22          SECTION 19. Section 16.352, Water Code, is amended to read as
15-23    follows:
15-24          Sec. 16.352.  ENFORCEMENT OF RULES. A person who violates a
15-25    rule adopted by a municipality or county under this subchapter or
15-26    under Subchapter B [or C], Chapter 232, Local Government Code, is
15-27    liable to the municipality or county for a civil penalty of not
 16-1    less than $500 and not more than $1,000 for each violation and for
 16-2    each day of a violation.  The maximum civil penalty that may accrue
 16-3    each day is $5,000. The appropriate attorney representing the
 16-4    municipality or county may sue to collect the penalty.  The
 16-5    recovered penalty shall be deposited in the general fund of the
 16-6    municipality or county.
 16-7          SECTION 20. Section 16.353(a), Water Code, is amended to read
 16-8    as follows:
 16-9          (a)  In addition to any other remedy, the attorney general,
16-10    the municipal attorney of the municipality in which a violation
16-11    under Section 16.352 occurs, or the county or district attorney of
16-12    the county in which a violation under Section 16.352 occurs may
16-13    apply to a district court for, and the district court may grant,
16-14    the state or the political subdivision an appropriate prohibitory
16-15    or mandatory order, including a temporary restraining order or a
16-16    temporary or permanent injunction, enjoining a violation of this
16-17    subchapter, the rules described by Section 16.352, or Subchapter B
16-18    [or C], Chapter 232, Local Government Code.
16-19          SECTION 21. Section 16.3535, Water Code, is amended to read
16-20    as follows:
16-21          Sec. 16.3535.  DAMAGES. In addition to any other remedy, the
16-22    attorney general, the municipal attorney of the municipality in
16-23    which a violation under Section 16.352 occurs, or the county or
16-24    district attorney of the county in which a violation under Section
16-25    16.352 occurs may apply to a district court for, and the district
16-26    court may grant, monetary damages to cover the cost of enforcing
16-27    this subchapter, rules adopted under this subchapter, or Subchapter
 17-1    B [or C], Chapter 232, Local Government Code.
 17-2          SECTION 22. Section 26.001(26), Water Code, as added by
 17-3    Section 24, Chapter 979, Acts of the 74th Legislature, Regular
 17-4    Session, 1995, is amended to read as follows:
 17-5                (26)  "Affected county" is a county any part of which
 17-6    is located within 50 miles of an international border [to which
 17-7    Subchapter B, Chapter 232, Local Government Code, applies].
 17-8          SECTION 23. Section 35.019(b), Water Code, is amended to read
 17-9    as follows:
17-10          (b)  The commissioners court of a county in a priority
17-11    groundwater management area may:
17-12                (1)  require a person seeking approval of a plat
17-13    required by [Subchapter A,] Chapter 232, Local Government Code, to
17-14    show:
17-15                      (A)  compliance with the water availability
17-16    requirements adopted by the court under this section; and
17-17                      (B)  that an adequate supply of water of
17-18    sufficient quantity and quality is available to supply the number
17-19    of lots proposed for the platted area;
17-20                (2)  adopt standards or formulas to determine whether
17-21    an adequate water supply exists for the platted area; and
17-22                (3)  adopt procedures for submitting the information
17-23    necessary to determine whether an adequate water supply exists for
17-24    the platted area.
17-25          SECTION 24. The following provisions in the Local Government
17-26    Code are repealed:
17-27                (1)  Section 232.0015(b); and
 18-1                (2)  Subchapter C, Chapter 232.
 18-2          SECTION 25. The changes in law made by this Act to Chapter
 18-3    232, Local Government Code, and other statutes apply only to a
 18-4    tract of land subdivided on or after September 1, 2001.  A tract of
 18-5    land subdivided before that date  is governed by the law in effect
 18-6    immediately before that date, and the former law is continued in
 18-7    effect for that purpose.
 18-8          SECTION 26.  This Act takes effect September 1, 2001.