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.