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Amend HB 3152 as follows:
(1) On page 1, at the end of line 20, add "irrigating crops
intended for human consumption,".
(2) On page 2, between lines 3 and 4, insert:
Sec. 361.8015. LEGISLATIVE FINDINGS. (a) The legislature
finds that access to and the use of groundwater may need to be
restricted to protect public health and welfare where the quality
of groundwater presents an actual or potential threat to human
health.
(b) The legislature finds that an action by a municipality
to restrict access to or the use of groundwater in support of or to
facilitate a municipal setting designation advances a substantial
and legitimate state interest where the quality of the groundwater
subject to the designation is an actual or potential threat to human
health.
(3) On page 2, line 7, between "for" and "response", insert
"investigation of or".
(4) Strike page 2, line 17, through page 3, line 9, and
substitute:
statute that has a population of at least 20,000; and
(2) a public drinking water supply system exists that
satisfies the requirements of Chapter 341 and that supplies or is
capable of supplying drinking water to:
(A) the property for which designation is sought;
and
(B) property within one-half mile of the property
for which designation is sought.
(5) On page 3, lines 12-13, strike "and an application fee".
(6) On page 3, line 21, between "designation" and the
semicolon, insert "and a specific description of the designated
groundwater that will be restricted under the ordinance or
restrictive covenant described by Section 361.8065(a)(2)".
(7) On page 3 strike lines 22-25 and substitute:
(C) a statement as to whether municipalities
entitled to notice under Section 361.805 support the proposed
designation;"
(8) On page 4, strike lines 13-19 and substitute:
(F) if available at the time of the application,
a copy of the ordinance or restrictive covenant and any required
resolutions satisfying the requirements described in Section
361.8065, or a statement that the applicant will provide a copy of
the ordinance or restrictive covenant and any required resolutions
satisfying the requirements described in Section 361.8065 before
the executive director certifies the municipal setting designation
in accordance with Section 361.807.
(9) On page 5, strike lines 1-2 and substitute "setting
designation application."
(10) On page 5, line 9, between "to" and the semicolon,
insert "each municipality".
(11) On page 5, strike lines 10-13 and substitute:
(1) in which the property for which the designation is
sought is located;
(2) with a boundary located not more than one-half
mile from the property for which the designation is sought; or
(3) that owns or operates a groundwater supply well
located not more than five miles from the property for which the
designation is sought.
(12) On page 5, strike line 18 and renumber subsequent
subdivisions of proposed Section 361.805(b), Health and Safety
Code, accordingly.
(13) On page 6, between lines 4 and 5, insert:
(d) For the purpose of this section, notice to the
municipality must be provided to the city secretary for the
municipality.
(e) A municipality entitled to notice under this section may
file comments with the executive director not later than the 60th
day after the date the municipality receives the notice under this
section.
(14) On page 6, line 6, strike "may" and substitute "shall".
(15) On page 6, strike lines 11-17 and substitute:
(2) the application is incomplete or inaccurate; or
(3) after the 60-day comment period described by
Section 361.805(e) the executive director determines that the
municipal setting designation would negatively impact the current
and future regional water resource needs or obligations of a
municipality described by Section 361.805(a).
(16) On page 6, strike lines 22-26 and substitute "the
application complete or accurate."
(17) On page 7, between lines 5 and 6, insert:
Sec. 361.8065. PRE-CERTIFICATION REQUIREMENTS. (a) Before
the executive director may issue a municipal setting designation
certificate under Section 361.807, the applicant must provide
documentation of the following:
(1) that the application is supported by a resolution
adopted by the city council of each municipality described by
Section 361.805(a)(2) or (3); and
(2) that the property for which designation is sought
is:
(A) subject to an ordinance that prohibits the
use of designated groundwater from beneath the property as potable
water and that appropriately restricts other uses of and contact
with that groundwater; or
(B) subject to a restrictive covenant
enforceable by the municipality in which the property for which the
designation is sought is located that prohibits the use of
designated groundwater from beneath the property as potable water
and appropriately restricts other uses of and contact with that
groundwater.
(b) A designation described by Subsection (a)(2) must be
supported by a resolution passed by the city council of the
municipality.
(18) On page 7 strike lines 7-11 and substitute:
director determines that an applicant has complied with
Section 361.8065 and submitted a complete application, the
executive director shall issue a copy of the municipal
(19) On page 7, strike lines 13-17 and substitute:
designation; and
(2) each municipality described by Section
361.805(a).
(20) On page 8, line 5, between "covenant" and "satisfying"
insert "and any required resolutions".
(21) On page 8, line 6, strike "361.803(3) has" and
substitute "361.8065 have".
(22) On page 8, line 7, strike "parties" and substitute
"applicant".
(23) On page 8, at the end of line 9, add "and any required
resolutions".
(24) On page 8, line 10, strike "361.803(3)" and substitute
"361.8065".
(25) On page 8, line 12, strike "361.803(3)" and substitute
"361.8065".
(26) On page 8, lines 16-17, strike "or planned to be
located".
(27) On page 9, line 1, strike "may require a person" and
substitute "shall require a responsible person".
(28) On page 9, line 16, strike "consumption" and substitute
"health".
(29) On page 9, line 23, strike "consumption" and substitute
"health".
(30) On page 10, line 4, strike "consumption" and substitute
"health".
(31) On page 10, lines 5-6, strike "certified municipal
setting designation or in the"
(32) On page 10, line 9, strike "the property" and
substitute "the source property".
(33) On page 10, line 11, strike "the property" and
substitute "the source property".
(34) On page 10, line 13, strike "consumption" and
substitute "health".
(35) On page 10, line 15, strike "the property" and
substitute "the source property".
(36) On page 10, line 25, strike "consumption" and
substitute "health".
(37) On page 10, line 27, between "groundwater" and "as",
insert "from those wells".
(38) On page 11, line 3, between "designation" and "to",
insert "in accordance with the procedures under this subchapter
relating to the initial application for a municipal setting
designation".
(39) On page 11, line 7, strike "a person responsible" and
substitute "a responsible person".
(40) On page 11, line 11, strike "consumption" and
substitute "health".
(41) On page 11, line 19, strike "commission" and substitute
"executive director".
(42) On page 12, line 9, strike "drinking" and substitute
"potable".
(43) On page 12, line 16, strike "drinking" and substitute
"potable".
(44) Insert the following appropriately numbered section
and renumber subsequent sections accordingly:
SECTION __. Chapter 401, Local Government Code, is amended by
adding Section 401.005 to read as follows:
Sec. 401.005. RESTRICTION ON PUMPING, EXTRACTION, OR USE OF
GROUNDWATER. (a) The governing body of a municipality may regulate
the pumping, extraction, or use of groundwater to prevent the use or
contact with groundwater that presents an actual or potential
threat to human health.
(b) The governing body of a municipality by ordinance may
extend to the extraterritorial jurisdiction of the municipality the
application of a municipal ordinance under this section.