Tex. Water Code Section 16.343
Minimum State Standards and Model Political Subdivision Rules


(a)

The board shall, after consultation with the attorney general and the commission, prepare and adopt model rules to assure that minimum standards for safe and sanitary water supply and sewer services in residential areas of political subdivisions, including rules of any state agency relating to septic tanks and other waste disposal systems, are met.

(b)

The model rules must:

(1)

assure that adequate drinking water is available to the residential areas in accordance with Chapter 341 (Minimum Standards of Sanitation and Health Protection Measures), Health and Safety Code, and the Rules and Regulations for Public Water Systems and the Drinking Water Standards Governing Water Quality and Reporting Requirements for Public Water Supply Systems adopted by the commission and other law and rules applicable to drinking water; and

(2)

provide criteria applicable to tracts that were divided into two or more parts to lay out a subdivision and were not platted or recorded before September 1, 2005.

(c)

The model rules must:

(1)

assure that adequate sewer facilities are available to the residential areas through either septic tanks or an organized sewage disposal system that is a publicly or privately owned system for the collection, treatment, and disposal of sewage operated in accordance with the terms and conditions of a valid waste discharge permit issued by the commission or private sewage facilities in accordance with Chapter 366 (On-site Sewage Disposal Systems), Health and Safety Code, and the Construction Standards for On-Site Sewerage Facilities adopted by the commission and other law and rules applicable to sewage facilities; and

(2)

provide criteria applicable to tracts that were divided into two or more parts to lay out a subdivision and were not platted or recorded before September 1, 2005.

(d)

The model rules must prohibit the establishment of residential developments with lots of five acres or less in the political subdivision without adequate water supply and sewer services. Also, the model rules must prohibit more than one single-family, detached dwelling to be located on each lot.

(e)

The model rules must provide criteria governing the distance that structures must be set back from roads or property lines to ensure proper operation of water supply and sewer services and to reduce the risk of fire hazards.

(f)

The model rules may impose a platting or replatting requirement pursuant to Subsection (b)(2), (c)(2), or (d). Except as may be required by an agreement developed under Chapter 242 (Authority of Municipality and County to Regulate Subdivisions in and Outside Municipality’s Extraterritorial Jurisdiction), Local Government Code, a municipality that has adopted the model rules may impose the applicable platting requirements of Chapter 212 (Municipal Regulation of Subdivisions and Property Development), Local Government Code, and a county that has adopted the model rules may impose the applicable platting requirements of Chapter 232 (County Regulation of Subdivisions), Local Government Code, to real property that is required to be platted or replatted by the model rules under this section.

(g)

Before an application for funds under Section 15.407 (Facility Engineering in Economically Distressed Areas) or Subchapter P (Definitions), Chapter 15 (Texas Water Assistance Program), or Subchapter K, Chapter 17 (Public Funding), may be considered by the board, if the applicant is located:

(1)

in a municipality, the municipality must adopt and enforce the model rules in accordance with this section;

(2)

in the extraterritorial jurisdiction of a municipality, the applicant must demonstrate that the model rules have been adopted and are enforced in the extraterritorial jurisdiction by the municipality or the county; or

(3)

outside the extraterritorial jurisdiction of a municipality, the county must adopt and enforce the model rules in accordance with this section.
Added by Acts 1989, 71st Leg., ch. 624, Sec. 2.13. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(71), (78), eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 422, Sec. 5, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 648, Sec. 4, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 11.290, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 979, Sec. 15, eff. June 16, 1995; Acts 1999, 76th Leg., ch. 404, Sec. 34, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1234, Sec. 27, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 927 (H.B. 467), Sec. 3, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 927 (H.B. 467), Sec. 15, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1364 (S.B. 1599), Sec. 5, eff. September 1, 2013.

Source: Section 16.343 — Minimum State Standards and Model Political Subdivision Rules, https://statutes.­capitol.­texas.­gov/Docs/WA/htm/WA.­16.­htm#16.­343.

16.001
Definitions
16.002
Open Meetings and Open Records Laws
16.011
General Responsibilities of the Executive Administrator
16.012
Studies, Investigations, Surveys
16.013
Engineering, Hydrologic, and Geologic Functions
16.014
Silt Load of Streams, Etc
16.015
Studies of Underground Water Supply
16.016
Pollution of Red River Tributaries
16.017
Topographic and Geologic Mapping
16.018
Soil Resource Planning
16.019
Cooperative Agreements
16.020
Master Plans of Districts, Etc
16.021
Texas Natural Resources Information System
16.023
Strategic Mapping Account
16.024
Financial Assistance for Digital, Geospatial Information Projects
16.025
Reporting of Federal Money Used for Flood Research, Planning, and Mitigation Projects
16.051
State Water Plan: Drought, Conservation, Development, and Management
16.052
Interregional Planning Council
16.053
Regional Water Plans
16.054
Local Water Planning
16.055
Drought Response Plan
16.056
Federal Assistance in Financing Regional Water Plans
16.058
Collection of Bays and Estuaries Data
16.059
Collection of Instream Flow Data
16.060
Desalination Studies and Research
16.061
State Flood Plan
16.062
Regional Flood Planning
16.091
Designation of Board
16.092
Local Sponsors for Projects
16.093
Participation in Federal Programs
16.0121
Water Audits
16.131
Authorized Projects for State Participation Account
16.132
Joint Ventures
16.133
Permits Required
16.134
Storing Water
16.135
Board Findings
16.136
Facilities Wanted by Political Subdivision
16.137
Contracts: General Authority
16.138
Specific Contracts Authorized
16.139
Contracts: Facilities Acquired for a Term of Years
16.140
Maintenance Contracts
16.141
Recreational Facilities
16.142
Recovery of Administrative Costs
16.143
Option to Lease
16.144
Environmental Mitigation
16.145
Interregional Water Supply Projects
16.146
Authorized Projects for State Participation Account Ii
16.181
Board May Sell or Lease Projects
16.182
Permits Required
16.183
Permit: Paramount Consideration of Commission
16.184
Contract Must Be Negotiated
16.185
Reservoir Land
16.186
Price of Sale
16.187
Price of Sale: Facilities Acquired Under Contracts with the United States
16.188
Costs Defined
16.189
Lease Payments
16.190
Sale or Lease: Condition Precedent
16.191
Disposition of Proceeds
16.192
Sale of Stored Water
16.193
Permit
16.194
Sale Contract: Provisions, Limitations
16.195
Emergency Releases of Water
16.196
Preferences
16.197
Lease of Land Prior to Project Construction
16.198
Lease Contributions Equivalent to Taxes
16.231
Design of Improvements or System of Improvements
16.232
Location of Projects
16.233
Cooperation with Other Agencies
16.234
Advice to Districts
16.235
Districts to File Information with Commission
16.236
Construction of Levee Without Approval of Plans
16.237
Administrative Penalty
16.271
Improvement of Streams and Canals and Construction of Facilities Within Cypress Creek Drainage Basin
16.272
Long-term Contracts with the United States
16.273
Temporary Authority to Act for District
16.311
Short Title
16.312
Purpose
16.313
Definitions
16.314
Cooperation of Board
16.315
Political Subdivisions
16.316
Coordination of Local, State, and Federal Programs by Board
16.317
Cooperation of Texas Department of Insurance
16.318
Rules
16.319
Qualification
16.320
Coastal Erosion
16.321
Coastal Flooding
16.322
Civil Penalty
16.323
Enforcement by Political Subdivision
16.324
County Authority to Set Fee
16.341
Definitions
16.342
Rules
16.343
Minimum State Standards and Model Political Subdivision Rules
16.344
Oversight
16.345
Authority to Participate in Program
16.346
Examination of Ability of a District to Provide Services and Financing
16.347
Requirement of Imposition of Distressed Areas Water Financing Fee
16.348
Setting of Fee by Political Subdivision
16.349
Fees
16.350
Eligible Counties and Municipalities to Adopt Rules
16.351
Contract Preference
16.352
Enforcement of Rules
16.353
Injunction
16.354
Attorney General Enforcement
16.355
Authority over Facilities
16.356
Use of Revenue from Operation of Water Supply or Sewer Service Projects
16.401
Statewide Water Conservation Public Awareness Program
16.402
Water Conservation Plan Review
16.403
Water Use Reporting
16.404
Rules and Standards
16.451
Definitions
16.452
Texas Infrastructure Resiliency Fund
16.453
Floodplain Management Account
16.454
Hurricane Harvey Account
16.455
Federal Matching Account
16.456
Texas Infrastructure Resiliency Fund Advisory Committee
16.457
Report Required
16.458
Applicable Law
16.459
Transparency Requirements
16.460
Rules
16.0551
State Drought Preparedness Plan
16.1311
Priority for Water Conservation
16.1331
Reservation and Appropriation for Bays and Estuaries and Instream Uses
16.1341
Payment for Releases and Pass-throughs from State Reservoirs
16.1351
Recreational Access
16.1871
Acquisition Date
16.3145
National Flood Insurance Program Orders or Ordinances
16.3221
Criminal Penalty
16.3535
Damages
16.3545
Venue
16.4021
Water Conservation Plan Requirements
16.4545
Flood Plan Implementation Account
Last Updated

2 months ago
(July 23, 2023)

§ 16.343’s source at texas​.gov