BILL ANALYSIS S.B. 1546 By: Bivins (Counts) 05-02-95 Committee Report (Unamended) BACKGROUND Current law requires a party to a contested case hearing before the Texas Natural Resource Conservation Commission to be determined an affected person by the commission, but sets forth no guidelines to assist the commission in determining who qualifies as an affected person. PURPOSE To define "affected person" in relation to case hearings held by or for the Texas Natural Resource Conservation Commission. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted to the Texas Natural Resource Conservation Commission under SECTION 1 (Section 5.115(a), Water Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 5.115, Water Code, as follows: Sec. 5.115. New heading: PERSONS AFFECTED IN COMMISSION HEARINGS; NOTICE OF APPLICATION. (a) Defines "affected person," "person affected," "and "persons who may be affected;" provides that the Texas Natural Resource Conservation Commission (commission) is not required to hold a hearing if the commission determines that the basis of a person's request for a hearing as an affected person is not reasonable or is not supported by competent evidence; requires the commission to adopt rules specifying factors for consideration in determining whether a person is an affected person in certain contested cases and whether an affected association is entitled to standing in contested case hearings. (b)-(g) Redesignate existing Subsections (a)-(f). SECTION 2. Effective date: September 1, 1995. SECTION 3. Emergency clause. SUMMARY OF COMMITTEE ACTION S.B.1546 was considered by the committee in a formal meeting on May 2, 1995. No testimony was received. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed, by a record vote of 7 ayes, 0 nays, 0 pnv, 2 absent.