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.