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, including a contested case,
1-9 "affected person" or "person affected" or "person who may be
1-10 affected" means a person who has a personal justiciable interest
1-11 related to a legal right, duty, or privilege affected by the
1-12 administrative hearing other than an interest common to members of
1-13 the general public. The commission is not required to hold a
1-14 hearing if the commission determines that the basis of a person's
1-15 request for a hearing as an affected person is not reasonable. The
1-16 commission may adopt rules necessary to carry out this subsection.
1-17 (b) <(a)> At the time an application for a permit or license
1-18 under this code is filed with the executive director and is
1-19 administratively complete, the commission shall give notice of the
1-20 application to any person who may be affected by the granting of
1-21 the permit or license.
1-22 (c) <(b)> At the time an application for any formal action
1-23 by the commission that will affect lands dedicated to the permanent
2-1 school fund is filed with the executive director or the commission
2-2 and is administratively complete, the commission shall give notice
2-3 of the application to the School Land Board. Notice shall be
2-4 delivered by certified mail, return receipt requested, addressed to
2-5 the deputy commissioner of the asset management division of the
2-6 General Land Office. Delivery is not complete until the return
2-7 receipt is signed by the deputy commissioner of the asset
2-8 management division of the General Land Office and returned to the
2-9 commission.
2-10 (d) <(c)> The commission shall adopt rules for the notice
2-11 required by this section.
2-12 (e) <(d)> The notice must state:
2-13 (1) the identifying number given the application by
2-14 the commission;
2-15 (2) the type of permit or license sought under the
2-16 application;
2-17 (3) the name and address of the applicant;
2-18 (4) the date on which the application was submitted;
2-19 and
2-20 (5) a brief summary of the information included in the
2-21 permit application.
2-22 (f) <(e)> The notice to the School Land Board under this
2-23 section shall additionally:
2-24 (1) state the location of the permanent school fund
2-25 land to be affected; and
3-1 (2) describe any foreseeable impact or effect of the
3-2 commission's action on permanent school fund land.
3-3 (g) <(f)> A formal action or ruling by the commission on an
3-4 application affecting permanent school fund land that is made
3-5 without the notice required by this section is voidable by the
3-6 School Land Board as to any permanent school fund lands affected by
3-7 the action or ruling.
3-8 SECTION 2. This Act takes effect September 1, 1995.
3-9 SECTION 3. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended.