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A BILL TO BE ENTITLED
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AN ACT
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relating to 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: |
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(1) the application fails to comply with the |
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requirements of this section; or |
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(2) the municipal authority determines that the |
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application fails to demonstrate adequate groundwater is available |
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for the subdivision. |
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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: |
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(1) the application fails to comply with the |
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requirements of this section; or |
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(2) the commissioners court determines that the |
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application fails to demonstrate adequate groundwater is available |
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for the subdivision. |
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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, Water Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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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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(d) A commissioners court shall disapprove a plat |
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application if: |
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(1) the application fails to comply with the water |
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availability requirements adopted by the commissioners court under |
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this section; or |
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(2) the commissioners court determines that the person |
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seeking approval of the plat has failed to show that an adequate |
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water supply exists for the area proposed to be platted. |
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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. Not later than January 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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SECTION 6. This Act takes effect January 1, 2026. |