HB 4637

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 G to 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:
(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
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
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.