By:  Lindsay                                           S.B. No. 596

                                A BILL TO BE ENTITLED

                                       AN ACT

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

 1-2     contested case hearing held by or for the Texas Natural Resource

 1-3     Conservation Commission.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subsection (a), Section 5.115, Water Code, is

 1-6     amended to read as follows:

 1-7           (a)  For the purpose of an administrative hearing held by or

 1-8     for the commission involving a contested case, "affected person,"

 1-9     or "person affected," or "person who may be affected" means a

1-10     person who has a personal justiciable interest related to a legal

1-11     right, duty, privilege, power, or economic interest affected by the

1-12     administrative hearing.  An interest common to members of the

1-13     general public does not qualify as a personal justiciable interest.

1-14     The commission is not required to hold a hearing if the commission

1-15     determines that the basis of a person's request for a hearing as an

1-16     affected person is not reasonable or is not supported by competent

1-17     evidence.  The commission shall adopt rules specifying factors

1-18     which must be considered in determining whether a person is an

1-19     affected person in any contested case arising under the air, waste,

1-20     or water programs within the commission's jurisdiction and whether

1-21     an affected association is entitled to standing in contested case

1-22     hearings.  A county with a population of more than 2.8 million is

1-23     an affected person in a contested case involving a facility or

 2-1     activity located or occurring within the boundaries of the county

 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.