By Bosse                                         H.B. No. 716

      75R359 MI-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the definition of "affected person" for purposes of a

 1-3     contested case hearing held by or for the Texas Natural Resource

 1-4     Conservation Commission.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 5.115(a), Water Code, is amended to read

 1-7     as follows:

 1-8           (a)  For the purpose of an administrative hearing held by or

 1-9     for the commission involving a contested case, "affected person,"

1-10     or "person affected," or "person who may be affected" means a

1-11     person who has a personal justiciable interest related to a legal

1-12     right, duty, privilege, power, or economic interest affected by the

1-13     administrative hearing.  An interest common to members of the

1-14     general public does not qualify as a personal justiciable interest.

1-15     The commission is not required to hold a hearing if the commission

1-16     determines that the basis of a person's request for a hearing as an

1-17     affected person is not reasonable or is not supported by competent

1-18     evidence.  The commission shall adopt rules specifying factors

1-19     which must be considered in determining whether a person is an

1-20     affected person in any contested case arising under the air, waste,

1-21     or water programs within the commission's jurisdiction and whether

1-22     an affected association is entitled to standing in contested case

1-23     hearings.  A county or municipality is an affected person in a

1-24     contested case involving a facility or activity located or

 2-1     occurring within the boundaries of the county or municipality

 2-2     unless the statute under which the hearing is held provides

 2-3     otherwise.

 2-4           SECTION 2.  The change in law made by this Act applies only

 2-5     to a contested case hearing held by or for the Texas Natural

 2-6     Resource Conservation Commission on an application for a permit or

 2-7     license that is:

 2-8                 (1)  pending before the commission on the effective

 2-9     date of this Act; or

2-10                 (2)  filed with the commission on or after the

2-11     effective date of this Act.

2-12           SECTION 3.  This Act takes effect September 1, 1997.

2-13           SECTION 4.  The importance of this legislation and the

2-14     crowded condition of the calendars in both houses create an

2-15     emergency and an imperative public necessity that the

2-16     constitutional rule requiring bills to be read on three several

2-17     days in each house be suspended, and this rule is hereby suspended.