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.