HBA-NIK, DMD S.B. 1323 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1323
By: Wentworth
Land & Resource Management
5/13/1999
Engrossed



BACKGROUND AND PURPOSE 

Current law does not require developers of real estate intended to rely on
groundwater to show proof of an adequate groundwater supply before property
is sold. This can lead to problems as rural areas become developed and
increasing demands are placed on an inadequate water supply. S.B. 1323
authorizes the municipal authority responsible for approving plats by
ordinance or the commissioners court of a county by order, if a person
submits a plat 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, to require the plat application to have attached to it a statement
that is prepared by an engineer registered to practice in this state, that
certifies that adequate groundwater is available for the subdivision. This
bill requires the Texas Natural Resource Conservation Commission, by rule,
to establish the appropriate form and content of a certification to be
attached to a plat application. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Natural Resource Conservation
Commission in SECTION 1 (Section 212.0101, Local Government Code) and
SECTION 2 (Section 232.0031, Local Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 212, Local Government Code, by
adding Section 212.0101, as follows: 

Sec. 212.0101. ADDITIONAL REQUIREMENTS: USE OF GROUNDWATER. (a) Authorizes
the municipal authority responsible for approving plats by ordinance, if a
person submits a plat 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, to require the plat application to have attached to it a
statement that is prepared by an engineer registered to practice in this
state, that certifies that adequate groundwater is available for the
subdivision. 

(b) Requires the Texas Natural Resource Conservation Commission
(commission), by rule, to establish the appropriate form and content of a
certification to be attached to a plat application under this section. 

SECTION 2.  Amends Subchapter A, Chapter 232, Local Government Code, by
adding Section 232.0031, as follows: 

Sec. 232.0031. ADDITIONAL REQUIREMENTS: USE OF GROUNDWATER. (a) Authorizes
the commissioners court of a county by order, if a person submits a plat
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, to
require the plat application to have attached to it a statement that is
prepared by an engineer registered to practice in this state, that
certifies that adequate groundwater is available for the subdivision. 

(b) Requires the commission, by rule, to establish the appropriate form and
content of a certification to be attached to a plat application under this
section. 

 SECTION 3.Provides that this Act is effective September 1, 1999, and
applies only to a plat for the subdivision of a tract of land that is filed
on or after that date.