H.B. No. 2826
 
 
 
 
AN ACT
  relating to the issuance of a certificate for a municipal setting
  designation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 361.804(b), Health and Safety Code, is
  amended to read as follows:
         (b)  An application submitted under this section must:
               (1)  be on a form provided by the executive director;
               (2)  contain the following:
                     (A)  the applicant's name and address;
                     (B)  a legal description of the outer boundaries
  of the proposed municipal setting designation 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) or (c)(2), as applicable;
                     (C)  a statement as to whether the municipalities
  or the retail public utilities entitled to notice under Section
  361.805 support the proposed designation;
                     (D)  an affidavit that affirmatively states that:
                           (i)  the municipal setting designation
  eligibility criteria contained in Section 361.803 are satisfied;
                           (ii)  true and accurate copies of all
  documents demonstrating that the municipal setting designation
  eligibility criteria provided by Section 361.803 have been
  satisfied are included with the application;
                           (iii)  a true and accurate copy of a legal
  description of the property for which the municipal setting
  designation is sought is included with the application; and
                           (iv)  notice was provided in accordance with
  Section 361.805;
                     (E)  a statement regarding the type of known
  contamination in the groundwater beneath the property proposed for
  a municipal setting designation;
                     (F)  proof of notice, as required by Section
  361.805(c); and
                     (G)  if available at the time of the application,
  a copy of the ordinance or restrictive covenant and any required
  resolutions or other documentation 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 or other documentation satisfying the
  requirements described in Section 361.8065 before the executive
  director certifies the municipal setting designation in accordance
  with Section 361.807; and
               (3)  be accompanied by an application fee of $1,000.
         SECTION 2.  Section 361.805(b), Health and Safety Code, is
  amended to read as follows:
         (b)  The notice must include, at a minimum:
               (1)  the purpose of the municipal setting designation;
               (2)  the eligibility criteria for a municipal setting
  designation;
               (3)  the location and description of the property for
  which the designation is sought;
               (4)  a statement that a municipality described by
  Subsection (a)(1) or retail public utility described by Subsection
  (a)(3) may provide written comments on any information relevant to
  the executive director's consideration of the municipal setting
  designation;
               (5)  a statement that the executive director will
  certify or deny the application or request additional information
  from the applicant not later than 90 days after receiving the
  application;
               (6)  the type of contamination on the property for
  which the designation is sought; [and]
               (7)  identification of the party responsible for the
  contamination of the property, if known; and
               (8)  if the property for which the municipal setting
  designation is sought is located in a municipality that has a
  population of two million or more and the applicant intends to
  comply with the requirements of Section 361.8065 for issuance of a
  municipal setting designation certificate under Section 361.807 by
  complying with the requirements of Section 361.8065(c), a statement
  that a municipality described by Subsection (a)(1)(B) or (C) of
  this section or a public utility described by Subsection (a)(3) of
  this section has 120 days from the date of receipt of the notice
  required by this section to pass a resolution opposing the
  application for a municipal setting designation.
         SECTION 3.  Section 361.8065, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsections (c) and
  (d) to read as follows:
         (a)  Except as provided by Subsection (c), before [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:
                     (A)  the city council of each municipality
  described by Section 361.805(a)(1)(B) or (C); and
                     (B)  the governing body of each retail public
  utility described by Section 361.805(a)(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.
         (c)  If the property for which the municipal setting
  designation is sought is located in a municipality that has a
  population of two million or more and the applicant has complied
  with the requirements of Section 361.805(b)(8), the applicant is
  considered to have complied with the requirements of Subsection (a)
  of this section for eligibility for a municipal setting designation
  certificate under Section 361.807 if the applicant provides
  documentation of the following:
               (1)  that no resolution opposing the application has
  been adopted within 120 days of receipt of the notice provided under
  Section 361.805 by:
                     (A)  the city council of any municipality
  described by Section 361.805(a)(1)(B) or (C); or
                     (B)  the governing body of any retail public
  utility described by Section 361.805(a)(3); and
               (2)  that the property for which designation is sought:
                     (A)  is currently or has previously been under the
  oversight of the commission or the United States Environmental
  Protection Agency; and
                     (B)  is subject to:
                           (i)  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
                           (ii)  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.
         (d)  The documentation required under Subsection (c)(1) may
  be in the form of an affidavit of the applicant or the applicant's
  representative.
         SECTION 4.  Section 361.807(c), Health and Safety Code, is
  amended to read as follows:
         (c)  If the executive director determines that an applicant
  has submitted a complete application except that an ordinance or
  restrictive covenant and any required documentation [resolutions]
  satisfying the requirements described in Section 361.8065 have not
  been submitted, the executive director shall issue a letter to the
  applicant listed in Subsection (a) stating that a municipal setting
  designation will be certified on submission of a copy of the
  ordinance or restrictive covenant and any required documentation
  [resolutions] satisfying the requirements described in Section
  361.8065. On submission of the ordinance or restrictive covenant
  and any required documentation [resolutions] satisfying the
  requirements described in Section 361.8065, the executive director
  shall issue a municipal setting designation certificate in
  accordance with Subsections (a) and (b).
         SECTION 5.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2826 was passed by the House on May 4,
  2011, by the following vote:  Yeas 141, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2826 was passed by the Senate on May
  24, 2011, by the following vote:  Yeas 31, Nays 0
  .
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor