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                               * * * * *