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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain counties to regulate |
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subdivision platting in regard to the use of groundwater. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 232, Local Government Code, is amended |
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by adding Subchapter G to read as follows: |
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SUBCHAPTER G. LOT SIZE REQUIREMENTS IN CERTAIN COUNTIES |
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Sec. 232.201. APPLICABILITY OF SUBCHAPTER. (a) This |
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subchapter applies only to a tract of land that is: |
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(1) greater than 50 acres; |
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(2) proposed to be subdivided and developed for |
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residential or commercial purposes; and |
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(3) wholly located in a county with a population of |
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more than 44,000 and less than 44,500. |
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(b) This subchapter does not apply to a tract of land |
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located in a water control and improvement district that was in |
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existence on September 1, 2025. |
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Sec. 232.202. MINIMUM LOT SIZE REQUIREMENT. |
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Notwithstanding any other law and except as provided by Section |
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232.204, the owner of a tract of land may not subdivide the land |
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into lots that have an average lot size of less than three acres if |
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the source of the water supply intended for the subdivision is |
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groundwater, including groundwater sourced from a water control and |
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improvement district or a municipal utility district. |
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Sec. 232.203. WATER AVAILABILITY REPORT. A person that |
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submits a plat application for approval for a tract of land must |
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include a water availability report with the application as |
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provided by Section 232.0032. |
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Sec. 232.204. VARIANCE FROM MINIMUM LOT SIZE REQUIREMENT. |
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On the request of an owner of a tract of land, the commissioners |
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court of a county may grant a variance from compliance with Section |
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232.202 if the owner demonstrates that the development of the tract |
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of land will include a rainwater collection system. |
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Sec. 232.205. EXPIRATION. This subchapter expires August |
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31, 2035. |
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SECTION 2. Subchapter G, Chapter 232, Local Government |
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Code, as added by this Act, applies only to a plat application |
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submitted on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |