BILL ANALYSIS


                                                    C.S.S.B. 1546
                                                       By: Bivins
                                                Natural Resources
                                                          4-15-95
                                   Committee Report (Substituted)
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

As proposed, C.S.S.B. 1546 defines "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 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.