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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. Subsection (b), Section 361.804, Health and |
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Safety Code, is amended to read as follows: |
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(b) An application submitted under this section must: |
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(1) be on a form provided by the executive director; |
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(2) contain the following: |
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(A) the applicant's name and address; |
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(B) a legal description of the outer boundaries |
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of the proposed municipal setting designation and a specific |
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description of the designated groundwater that will be restricted |
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under the ordinance or restrictive covenant described by Section |
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361.8065(a)(2); |
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(C) a statement as to whether the municipalities |
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or the retail public utilities entitled to notice under Section |
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361.805 support the proposed designation; |
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(D) an affidavit that affirmatively states that: |
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(i) the municipal setting designation |
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eligibility criteria contained in Section 361.803 are satisfied; |
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(ii) true and accurate copies of all |
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documents demonstrating that the municipal setting designation |
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eligibility criteria provided by Section 361.803 have been |
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satisfied are included with the application; |
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(iii) a true and accurate copy of a legal |
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description of the property for which the municipal setting |
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designation is sought is included with the application; and |
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(iv) notice was provided in accordance with |
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Section 361.805; |
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(E) a statement regarding the type of known |
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contamination in the groundwater beneath the property proposed for |
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a municipal setting designation; |
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(F) proof of notice, as required by Section |
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361.805(c); and |
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(G) if available at the time of the application, |
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a copy of the ordinance or restrictive covenant and any required |
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resolutions or other documentation satisfying the requirements |
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described in Section 361.8065, or a statement that the applicant |
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will provide a copy of the ordinance or restrictive covenant and any |
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required resolutions or other documentation satisfying the |
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requirements described in Section 361.8065 before the executive |
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director certifies the municipal setting designation in accordance |
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with Section 361.807; and |
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(3) be accompanied by an application fee of $1,000. |
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SECTION 2. Subsection (b), Section 361.805, Health and |
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Safety Code, is amended to read as follows: |
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(b) The notice must include, at a minimum: |
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(1) the purpose of the municipal setting designation; |
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(2) the eligibility criteria for a municipal setting |
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designation; |
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(3) the location and description of the property for |
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which the designation is sought; |
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(4) a statement that a municipality described by |
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Subsection (a)(1) or retail public utility described by Subsection |
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(a)(3) may provide written comments on any information relevant to |
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the executive director's consideration of the municipal setting |
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designation; |
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(5) a statement that the executive director will |
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certify or deny the application or request additional information |
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from the applicant not later than 90 days after receiving the |
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application; |
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(6) the type of contamination on the property for |
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which the designation is sought; [and] |
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(7) identification of the party responsible for the |
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contamination of the property, if known; and |
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(8) a statement that a municipality described by |
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Subsection (a)(1)(B) or (C) or a public utility described by |
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Subsection (a)(3) has 120 days from the date of receipt of the |
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notice required by this section to pass a resolution opposing the |
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application for a municipal setting designation. |
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SECTION 3. Subsection (a), Section 361.8065, Health and |
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Safety Code, is 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 within 120 days of |
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receipt of the notice provided under Section 361.805 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 4. Subsection (c), Section 361.807, Health and |
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Safety Code, is 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 5. This Act takes effect September 1, 2009. |
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