1-1 By: Bivins S.B. No. 1546
1-2 (In the Senate - Filed March 13, 1995; March 21, 1995, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 12, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0; April 12, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1546 By: Bivins
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to persons affected by matters in hearings before the
1-11 Texas Natural Resource Conservation Commission.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 5.115, Water Code, is amended to read as
1-14 follows:
1-15 Sec. 5.115. PERSONS AFFECTED IN COMMISSION HEARINGS; NOTICE
1-16 OF APPLICATION. (a) For the purpose of an administrative hearing
1-17 held by or for the commission involving a contested case, "affected
1-18 person," or "person affected," or "person who may be affected"
1-19 means a person who has a personal justiciable interest related to a
1-20 legal right, duty, privilege, or power affected by the
1-21 administrative hearing. An interest common to members of the
1-22 general public does not qualify as a personal justiciable interest.
1-23 The commission is not required to hold a hearing if the commission
1-24 determines that the basis of a person's request for a hearing as an
1-25 affected person is not reasonable or is not supported by competent
1-26 evidence. The commission shall adopt rules specifying factors
1-27 which must be considered in determining whether a person is an
1-28 affected person in any contested case arising under the air, waste,
1-29 or water programs within the commission's jurisdiction and whether
1-30 an affected association is entitled to standing in contested case
1-31 hearings.
1-32 (b) At the time an application for a permit or license under
1-33 this code is filed with the executive director and is
1-34 administratively complete, the commission shall give notice of the
1-35 application to any person who may be affected by the granting of
1-36 the permit or license.
1-37 (c) <(b)> At the time an application for any formal action
1-38 by the commission that will affect lands dedicated to the permanent
1-39 school fund is filed with the executive director or the commission
1-40 and is administratively complete, the commission shall give notice
1-41 of the application to the School Land Board. Notice shall be
1-42 delivered by certified mail, return receipt requested, addressed to
1-43 the deputy commissioner of the asset management division of the
1-44 General Land Office. Delivery is not complete until the return
1-45 receipt is signed by the deputy commissioner of the asset
1-46 management division of the General Land Office and returned to the
1-47 commission.
1-48 (d) <(c)> The commission shall adopt rules for the notice
1-49 required by this section.
1-50 (e) <(d)> The notice must state:
1-51 (1) the identifying number given the application by
1-52 the commission;
1-53 (2) the type of permit or license sought under the
1-54 application;
1-55 (3) the name and address of the applicant;
1-56 (4) the date on which the application was submitted;
1-57 and
1-58 (5) a brief summary of the information included in the
1-59 permit application.
1-60 (f) <(e)> The notice to the School Land Board under this
1-61 section shall additionally:
1-62 (1) state the location of the permanent school fund
1-63 land to be affected; and
1-64 (2) describe any foreseeable impact or effect of the
1-65 commission's action on permanent school fund land.
1-66 (g) <(f)> A formal action or ruling by the commission on an
1-67 application affecting permanent school fund land that is made
1-68 without the notice required by this section is voidable by the
2-1 School Land Board as to any permanent school fund lands affected by
2-2 the action or ruling.
2-3 SECTION 2. This Act takes effect September 1, 1995.
2-4 SECTION 3. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended.
2-9 * * * * *