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.