By: Bivins S.B. No. 1546
A BILL TO BE ENTITLED
AN ACT
1-1 relating to persons affected by matters in hearings before the
1-2 Texas Natural Resource Conservation Commission.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 5.115, Water Code, is amended to read as
1-5 follows:
1-6 Sec. 5.115. PERSONS AFFECTED IN COMMISSION HEARINGS; NOTICE
1-7 OF APPLICATION. (a) For the purpose of an administrative hearing
1-8 held by or for the commission involving a contested case, "affected
1-9 person," or "person affected," or "person who may be affected"
1-10 means a person who has a personal justiciable interest related to a
1-11 legal right, duty, privilege, or power affected by the
1-12 administrative hearing. An interest common to members of the
1-13 general public does not qualify as a personal justiciable interest.
1-14 The commission is not required to hold a hearing if the commission
1-15 determines that the basis of a person's request for a hearing as an
1-16 affected person is not reasonable or is not supported by competent
1-17 evidence. The commission shall adopt rules specifying factors
1-18 which must be considered in determining whether a person is an
1-19 affected person in any contested case arising under the air, waste,
1-20 or water programs within the commission's jurisdiction and whether
1-21 an affected association is entitled to standing in contested case
1-22 hearings.
1-23 (b) At the time an application for a permit or license under
2-1 this code is filed with the executive director and is
2-2 administratively complete, the commission shall give notice of the
2-3 application to any person who may be affected by the granting of
2-4 the permit or license.
2-5 (c) <(b)> At the time an application for any formal action
2-6 by the commission that will affect lands dedicated to the permanent
2-7 school fund is filed with the executive director or the commission
2-8 and is administratively complete, the commission shall give notice
2-9 of the application to the School Land Board. Notice shall be
2-10 delivered by certified mail, return receipt requested, addressed to
2-11 the deputy commissioner of the asset management division of the
2-12 General Land Office. Delivery is not complete until the return
2-13 receipt is signed by the deputy commissioner of the asset
2-14 management division of the General Land Office and returned to the
2-15 commission.
2-16 (d) <(c)> The commission shall adopt rules for the notice
2-17 required by this section.
2-18 (e) <(d)> The notice must state:
2-19 (1) the identifying number given the application by
2-20 the commission;
2-21 (2) the type of permit or license sought under the
2-22 application;
2-23 (3) the name and address of the applicant;
2-24 (4) the date on which the application was submitted;
2-25 and
3-1 (5) a brief summary of the information included in the
3-2 permit application.
3-3 (f) <(e)> The notice to the School Land Board under this
3-4 section shall additionally:
3-5 (1) state the location of the permanent school fund
3-6 land to be affected; and
3-7 (2) describe any foreseeable impact or effect of the
3-8 commission's action on permanent school fund land.
3-9 (g) <(f)> A formal action or ruling by the commission on an
3-10 application affecting permanent school fund land that is made
3-11 without the notice required by this section is voidable by the
3-12 School Land Board as to any permanent school fund lands affected by
3-13 the action or ruling.
3-14 SECTION 2. This Act takes effect September 1, 1995.
3-15 SECTION 3. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended.