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A BILL TO BE ENTITLED
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AN ACT
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relating to a requirement that certain plats for the subdivision of |
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land include evidence of groundwater supply. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 212.0101, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsections (a-1), |
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(a-2), (d), and (e) to read as follows: |
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(a) Except as provided by Subsection (a-1), [If a person |
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submits] a plat application for the subdivision of a tract of land |
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for which the source of the water supply intended for the |
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subdivision is groundwater under that land must[, the municipal |
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authority responsible for approving plats by ordinance may require |
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the plat application to] have attached to it a statement that: |
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(1) is prepared by an engineer licensed to practice in |
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this state or a geoscientist licensed to practice in this state; and |
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(2) certifies that adequate groundwater is available |
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for the subdivision. |
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(a-1) A municipal authority responsible for approving plats |
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may waive the requirement prescribed by Subsection (a) that a plat |
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application have attached to it a statement described by that |
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subsection if: |
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(1) the entire tract proposed to be subdivided by the |
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plat is located in an area included in a map posted on the Texas |
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Water Development Board's Internet website under Subsection (e); or |
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(2) both: |
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(A) the proposed subdivision divides the tract |
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into not more than 20 parts; and |
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(B) the municipal authority has a reasonable |
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belief that sufficient groundwater is available and will continue |
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to be available to the subdivided tract of land. |
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(a-2) A person subject to a waiver authorized by Subsection |
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(a-1)(2) regarding a subdivided tract of land must comply with the |
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requirements of Subsection (a) if the tract is subsequently divided |
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in a manner that results in the original tract being subdivided into |
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more than 20 parts. |
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(d) The executive administrator of the Texas Water |
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Development Board shall create and update maps delineating the |
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areas determined by the executive administrator to: |
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(1) be located over: |
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(A) the Gulf Coast Aquifer; or |
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(B) the Carrizo-Wilcox Aquifer; and |
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(2) have groundwater physically available to |
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landowners with an estimated average total dissolved solids |
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concentration of less than 1,000 milligrams per liter. |
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(e) The executive administrator of the Texas Water |
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Development Board shall make the most recent maps created or |
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updated under Subsection (d) publicly available on the board's |
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Internet website. |
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SECTION 2. Section 232.0032, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsections (a-1), |
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|
(a-2), (d), and (e) to read as follows: |
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|
(a) Except as provided by Subsection (a-1), [If a person |
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|
submits] a plat application for the subdivision of a tract of land |
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|
for which the source of the water supply intended for the |
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|
subdivision is groundwater under that land must[, the commissioners |
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court of a county by order may require the plat application to] have |
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attached to it a statement that: |
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(1) is prepared by an engineer licensed to practice in |
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this state or a geoscientist licensed to practice in this state; and |
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(2) certifies that adequate groundwater is available |
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for the subdivision. |
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(a-1) A commissioners court may waive the requirement |
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prescribed by Subsection (a) that a plat application have attached |
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to it a statement described by that subsection if: |
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(1) the entire tract proposed to be subdivided by the |
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|
plat is located in an area included in a map posted on the Texas |
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Water Development Board's Internet website under Subsection (e); or |
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|
(2) both: |
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(A) the proposed subdivision divides the tract |
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|
into not more than 20 parts; and |
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(B) the commissioners court has a reasonable |
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|
belief that sufficient groundwater is available and will continue |
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|
to be available to the subdivided tract of land. |
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|
(a-2) A person subject to a waiver authorized by Subsection |
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(a-1)(2) regarding a subdivided tract of land must comply with the |
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|
requirements of Subsection (a) if the tract is subsequently divided |
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in a manner that results in the original tract being subdivided into |
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|
more than 20 parts. |
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|
(d) The executive administrator of the Texas Water |
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Development Board shall create and update maps delineating the |
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|
areas determined by the executive administrator to: |
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|
(1) be located over: |
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|
(A) the Gulf Coast Aquifer; or |
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|
(B) the Carrizo-Wilcox Aquifer; and |
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|
(2) have groundwater physically available to |
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|
landowners with an estimated average total dissolved solids |
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|
concentration of less than 1,000 milligrams per liter. |
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(e) The executive administrator of the Texas Water |
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Development Board shall make the most recent maps created or |
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updated under Subsection (d) publicly available on the board's |
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Internet website. |
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SECTION 3. The changes in law made by this Act apply only to |
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a plat application filed on or after the effective date of this Act. |
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A plat application filed before the effective date of this Act is |
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governed by the law in effect on the date the application was filed, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |