BILL ANALYSIS

Senate Research Center	S.B. 2440
	By: Perry
	Water, Agriculture & Rural Affairs
	3/30/2023
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

There have been many instances around the state where new housing developments are being built and groundwater is stated as an available resource. There is no guarantee that groundwater is actually there and many people who are buying their retirement home or their first home are stuck without water.

This has also been happening in other states, where developers state there is available groundwater when there is not.

As proposed, S.B. 2440 amends current law relating to requiring certain plats for the subdivision of land to include proof of groundwater supply.

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Commission on Environmental Quality in SECTION 3 of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 212.0101(a), Local Government Code, as follows:

(a) Requires, rather than authorizes, the municipal authority responsible for approving plats by ordinance, if a person submits a plat for the subdivision of a tract of land for which the source of the water supply intended for the subdivision is groundwater under that land, to require the plat application to have attached to it a statement that meets certain criteria.

SECTION 2. Amends Section 232.0032(a), Local Government Code, as follows:

(a) Requires, rather than authorizes, the commissioners court of a county by order, if a person submits a plat for the subdivision of a tract of land for which the source of the water supply intended for the subdivision is groundwater under that land, to require the plat application to have attached to it a statement that meets certain criteria.

SECTION 3. Requires the Texas Commission on Environmental Quality, as soon as practicable after the effective date of this Act, to adopt rules implementing the changes in law made by this Act.

SECTION 4. Makes application of this Act prospective.

SECTION 5. Effective date: upon passage or September 1, 2023.