SRC-SLL C.S.S.B. 596 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 596
By: Lindsay
Natural Resources
4-16-97
Committee Report (Substituted)


DIGEST 

Currently, the Texas Natural Resource Conservation Commission is
authorized to not hold an administrative hearing in a contested case if
the commission determines that the basis of a person's request for a
hearing as an "affected person" is not responsible or is not supported by
competent evidence.  A local government has infrastructure, services, and
resources which can be affected by a proposed facility within its
jurisdictional boundaries.  This bill will redefine "affected person" to
include certain counties for purposes of a contested case hearing held by
or for the Texas Natural Resource Conservation Commission.  

PURPOSE

As proposed, C.S.S.B. 596 redefines "affected person" to include certain
counties or municipalities for purposes of a contested case hearing held
by or for the Texas Natural Resource Conservation Commission.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 5.115(a), Water Code, to provide that a county
with a population of more than 2.8 million is an affected person in a
contested case involving a facility or activity located or occurring
within the boundaries of the county unless the statute under which the
hearing is held provides otherwise. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 5.115(a), Water Code, to change the proposed definition of
"affected person" to include a county with a population of more than 2.8
million, rather than any county or municipality.