TITLE: Relating to the authority of certain counties to regulate subdivision platting in regard to the use of groundwater.

SUMMARY: Relating to the authority of certain counties to regulate subdivision platting in regard to the use of groundwater.

FULL TEXT:
AN ACT relating to the authority of certain counties to regulate subdivision platting in regard to the use of groundwater. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 232, Local Government Code, is amended by adding Subchapter Gto read as follows: SUBCHAPTER G. LOT SIZE REQUIREMENTS IN CERTAIN COUNTIES Sec. 232.201. APPLICABILITY OF SUBCHAPTER. (a) This subchapter applies only to a tract of land that is: (1) greater than 50 acres; (2) proposed to be subdivided and developed for residential or commercial purposes; and (3) wholly located in a county with a population of more than 44,000 and less than 44,500. (b) This subchapter does not apply to a tract of land located in a water control and improvement district that was in existence on September 1, 2025. Sec. 232.202. MINIMUM LOT SIZE REQUIREMENT. Notwithstanding any other law and except as provided by Section 232.204, the owner of a tract of land may not subdivide the land into lots that have an average lot size of less than three acres if the source of the water supply intended for the subdivision is groundwater, including groundwater sourced from a water control and improvement district or a municipal utility district. Sec. 232.203. WATER AVAILABILITY REPORT. A person that submits a plat application for approval for a tract of land must include a water availability report with the application as provided by Section 232.0032. Sec. 232.204. VARIANCE FROM MINIMUM LOT SIZE REQUIREMENT. On the request of an owner of a tract of land, the commissioners court of a county may grant a variance from compliance with Section 232.202 if the owner demonstrates that the development of the tract of land will include a rainwater collection system. Sec. 232.205. EXPIRATION. This subchapter expires August 31, 2035. SECTION 2. Subchapter G, Chapter 232, Local Government Code, as added by this Act, applies only to a plat application submitted on or after the effective date of this Act. SECTION 3. This Act takes effect September 1, 2025.