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