SRC-JJJ C.S.S.B. 1323 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1323
By: Wentworth
Intergovernmental Relations
4/22/1999
Committee Report (Substituted)


DIGEST 

Current law does not require developers of real estate that are intended to
rely on groundwater to show proof of an adequate groundwater supply before
property is sold.  This leads to problems as rural areas become developed
and increasing demands are placed on an inadequate supply.  C.S.S.B. 1323
would establish provisions requiring certain plats for the subdivision of
land to include proof of ground water supply. 

PURPOSE

As proposed, C.S.S.B. 1323 requires certain plats for the subdivision of
land to include proof of groundwater supply. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Natural Resource Conservation
Commission in SECTIONS 1 and 2 (Section 212.0101(a) and Section
232.0031(b), Local Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

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

Sec. 212.0101.  ADDITIONAL REQUIREMENTS: USE OF GROUNDWATER.  Prohibits the
municipal authority responsible for approving plats from approving a plat
for the subdivision of a tract of land for which the intended source of the
water supply is groundwater under that land unless the plat application has
attached to it a statement regarding the groundwater.  Requires the Texas
Natural Resource Conservation Commission (TNRCC), by rule, to establish the
appropriate form and content of a certification to be attached to a plat
application.   

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

Sec. 232.0031.  ADDITIONAL REQUIREMENTS: USE OF GROUNDWATER.  Prohibits the
commissioners court of a county from approving 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, unless the plat application
has a statement containing certain information attached to it.  Require
TNRCC, by rule, to establish the appropriate form and content of a
certification to be attached to a plat application.   

SECTION 3.  Effective date: September 1, 1999.
            Makes application of this Act prospective.





 SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 212.0101, Local Government Code, by adding a new Subsection
(b),to require TNRCC, by rule, to establish the appropriate form and
content of a certification to be attached to a plat application.  Deletes
proposed Subsection (b). 

SECTION 2.  

Amends Section 232.0031, Local Government Code, by adding a new Subsection
(b), to require TNRCC, by rule, to establish the appropriate form and
content of a certification to be attached to a plat application.  Deletes
proposed Subsection (b).