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A BILL TO BE ENTITLED
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AN ACT
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relating to certain requirements related to water availability, |
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including requirements 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 Subsections (a) and (b) and adding Subsection |
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(a-3) to read as follows: |
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(a) Except as provided by Subsection (a-1), a plat |
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application for the subdivision of a tract of land for which the |
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source of the water supply intended for the subdivision is |
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groundwater under that land must have attached to it a statement |
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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; |
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[and] |
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(2) certifies that adequate groundwater is available |
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for the subdivision; and |
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(3) complies with the rules adopted by the Texas |
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Commission on Environmental Quality under Subsection (b). |
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(a-3) A municipal authority shall disapprove a plat |
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application if the application fails to comply with the |
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requirements of this section. |
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(b) The Texas Commission on Environmental Quality by rule |
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shall establish: |
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(1) the appropriate form and content of a |
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certification to be attached to a plat application under this |
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section; and |
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(2) what constitutes credible evidence of groundwater |
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availability for the purpose of Subsection (a-1)(1). |
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SECTION 2. Section 232.0032, Local Government Code, is |
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amended by amending Subsections (a) and (b) and adding Subsection |
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(a-3) to read as follows: |
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(a) Except as provided by Subsection (a-1), a plat |
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|
application for the subdivision of a tract of land for which the |
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source of the water supply intended for the subdivision is |
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|
groundwater under that land must have attached to it a statement |
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|
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; |
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[and] |
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(2) certifies that adequate groundwater is available |
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|
for the subdivision; and |
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(3) complies with the rules adopted by the Texas |
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Commission on Environmental Quality under Subsection (b). |
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(a-3) A commissioners court shall disapprove a plat |
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application if the application fails to comply with the |
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requirements of this section. |
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(b) The Texas Commission on Environmental Quality by rule |
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shall establish: |
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(1) the appropriate form and content of a |
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|
certification to be attached to a plat application under this |
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section; and |
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(2) what constitutes credible evidence of groundwater |
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availability for the purpose of Subsection (a-1)(1). |
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SECTION 3. Section 35.019(a), Water Code, is amended to |
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read as follows: |
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(a) Notwithstanding Section 232.001(h), Local Government |
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Code, the [The] commissioners court of a county in a priority |
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groundwater management area may adopt water availability |
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requirements in an area where platting is required if the court |
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determines that the requirements are necessary to prevent current |
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or projected water use in the county from exceeding the safe |
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sustainable yield of the county's water supply. |
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SECTION 4. 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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SECTION 5. (a) Not later than September 1, 2026, the Texas |
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Commission on Environmental Quality shall adopt rules as required |
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by Sections 212.0101(b) and 232.0032(b), Local Government Code, as |
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amended by this Act. |
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(b) In adopting the rules required by Subsection (a) of this |
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section, the Texas Commission on Environmental Quality shall define |
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the meaning of "credible evidence" and update, as appropriate and |
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after review, the appropriate form and content of a certification |
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required to be attached to a plat application as required by |
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Sections 212.0101(b) and 232.0032(b), Local Government Code, as |
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amended by this Act. |
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SECTION 6. This Act takes effect January 1, 2026. |