HB5325 - Relating to requirements that certain plats for the subdivision of land include evidence of groundwater supply.

  89R11211 JBD-F     By: Isaac H.B. No. 5325       A BILL TO BE ENTITLED   AN ACT   relating to requirements that certain plats for the subdivision of   land include evidence of groundwater supply.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 212.0101, Local Government Code, is   amended by amending Subsections (a) and (b) and adding Subsection   (a-3) to read as follows:          (a)  Except as provided by Subsection (a-1), a plat   application 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 must have attached to it a statement   that:                (1)  is prepared by an engineer licensed to practice in   this state or a geoscientist licensed to practice in this state;   [ and ]                (2)  certifies that adequate groundwater is available   for the subdivision ; and                 (3)     complies with the rules adopted by the Texas   Commission on Environmental Quality under Subsection (b) .           (a-3)     A municipal authority shall disapprove a plat   application if:                 (1)     the application fails to comply with the   requirements of this section; or                   (2)     the municipal authority determines that the   application fails to demonstrate adequate groundwater is available   for the subdivision.          (b)  The Texas Commission on Environmental Quality by rule   shall establish :                 (1)   the appropriate form and content of a   certification to be attached to a plat application under this   section ; and                 (2)     what constitutes credible evidence of groundwater   availability for the purpose of Subsection (a-1)(1) .          SECTION 2.  Section 232.0032, Local Government Code, is   amended by amending Subsections (a) and (b) and adding Subsection   (a-3) to read as follows:          (a)  Except as provided by Subsection (a-1), a plat   application 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 must have attached to it a statement   that:                (1)  is prepared by an engineer licensed to practice in   this state or a geoscientist licensed to practice in this state;   [ and ]                (2)  certifies that adequate groundwater is available   for the subdivision ; and                 (3)     complies with the rules adopted by the Texas   Commission on Environmental Quality under Subsection (b) .           (a-3)     A commissioners court shall disapprove a plat   application if:                 (1)     the application fails to comply with the   requirements of this section; or                   (2)     the commissioners court determines that the   application fails to demonstrate adequate groundwater is available   for the subdivision.          (b)  The Texas Commission on Environmental Quality by rule   shall establish :                 (1)   the appropriate form and content of a   certification to be attached to a plat application under this   section ; and                 (2)     what constitutes credible evidence of groundwater   availability for the purpose of Subsection (a-1)(1) .          SECTION 3.  Section 35.019, Water Code, is amended by   amending Subsection (a) and adding Subsection (d) to read as   follows:          (a)   Notwithstanding Section 232.001(h), Local Government   Code, the [ The ] commissioners court of a county in a priority   groundwater management area may adopt water availability   requirements in an area where platting is required if the court   determines that the requirements are necessary to prevent current   or projected water use in the county from exceeding the safe   sustainable yield of the county's water supply.           (d)     A commissioners court shall disapprove a plat   application if:                 (1)     the application fails to comply with the water   availability requirements adopted by the commissioners court under   this section; or                   (2)     the commissioners court determines that the person   seeking approval of the plat has failed to show that an adequate   water supply exists for the area proposed to be platted.          SECTION 4.  The changes in law made by this Act apply only to   a plat application filed on or after the effective date of this Act.          SECTION 5.  Not later than January 1, 2026, the Texas   Commission on Environmental Quality shall adopt rules as required   by Sections 212.0101(b) and 232.0032(b), Local Government Code, as   amended by this Act.          SECTION 6.  This Act takes effect January 1, 2026.