Texas Local Government Code

§ 212.0101 — ADDITIONAL REQUIREMENTS: USE OF GROUNDWATER

LG § 212.0101Title 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES · Part A. MUNICIPAL REGULATORY AUTHORITY · Ch. 212. MUNICIPAL REGULATION OF SUBDIVISIONS AND PROPERTY DEVELOPMENT · Art. A. REGULATION OF SUBDIVISIONS

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(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. (a-1) A municipal authority responsible for approving plats may waive the requirement prescribed by Subsection (a) that a plat application have attached to it a statement described by that subsection if:

(1)based on credible evidence of groundwater availability in the vicinity of the proposed subdivision, the municipal authority determines that sufficient groundwater is available and will continue to be available to the subdivided tract of land; and

(2)either:

(A)the entire tract proposed to be subdivided by the plat will be supplied with groundwater from the Gulf Coast Aquifer or the Carrizo-Wilcox Aquifer; or

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Legislative history

Acts 2007, 80th Leg., R.S., Ch. 515 (S.B. 662), Sec. 1, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.29, eff. September 1, 2007. Acts 2023, 88th Leg., R.S., Ch. 980 (S.B. 2440), Sec. 1, eff. January 1, 2024.