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.