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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of a certificate for a municipal setting |
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designation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.8065(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Before the executive director may issue a municipal |
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setting designation certificate under Section 361.807, the |
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applicant must provide documentation, which may be in the form of an |
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affidavit of the applicant or the applicant's representative, of |
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the following: |
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(1) that no resolution opposing the application has |
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been [is supported by a resolution] adopted by: |
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(A) the city council of any [each] municipality |
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described by Section 361.805(a)(1)(B) or (C); or [and] |
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(B) the governing body of any [each] retail |
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public utility described by Section 361.805(a)(3); and |
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(2) that the property for which designation is sought |
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is: |
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(A) subject to an ordinance that prohibits the |
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use of designated groundwater from beneath the property as potable |
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water and that appropriately restricts other uses of and contact |
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with that groundwater; or |
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(B) subject to a restrictive covenant |
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enforceable by the municipality in which the property for which the |
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designation is sought is located that prohibits the use of |
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designated groundwater from beneath the property as potable water |
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and appropriately restricts other uses of and contact with that |
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groundwater. |
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SECTION 2. Section 361.807(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) If the executive director determines that an applicant |
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has submitted a complete application except that an ordinance or |
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restrictive covenant and any required documentation [resolutions] |
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satisfying the requirements described in Section 361.8065 have not |
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been submitted, the executive director shall issue a letter to the |
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applicant listed in Subsection (a) stating that a municipal setting |
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designation will be certified on submission of a copy of the |
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ordinance or restrictive covenant and any required documentation |
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[resolutions] satisfying the requirements described in Section |
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361.8065. On submission of the ordinance or restrictive covenant |
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and any required documentation [resolutions] satisfying the |
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requirements described in Section 361.8065, the executive director |
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shall issue a municipal setting designation certificate in |
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accordance with Subsections (a) and (b). |
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SECTION 3. This Act takes effect September 1, 2009. |