1-1     By:  Lindsay                                           S.B. No. 596

 1-2           (In the Senate - Filed February 13, 1997; February 19, 1997,

 1-3     read first time and referred to Committee on Natural Resources;

 1-4     April 18, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 8, Nays 0; April 18, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 596                  By:  Lindsay

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the definition of "affected person" for purposes of a

1-11     contested case hearing held by or for the Texas Natural Resource

1-12     Conservation Commission.

1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-14           SECTION 1.  Subsection (a), Section 5.115, Water Code, is

1-15     amended to read as follows:

1-16           (a)  For the purpose of an administrative hearing held by or

1-17     for the commission involving a contested case, "affected person,"

1-18     or "person affected," or "person who may be affected" means a

1-19     person who has a personal justiciable interest related to a legal

1-20     right, duty, privilege, power, or economic interest affected by the

1-21     administrative hearing.  An interest common to members of the

1-22     general public does not qualify as a personal justiciable interest.

1-23     The commission is not required to hold a hearing if the commission

1-24     determines that the basis of a person's request for a hearing as an

1-25     affected person is not reasonable or is not supported by competent

1-26     evidence.  The commission shall adopt rules specifying factors

1-27     which must be considered in determining whether a person is an

1-28     affected person in any contested case arising under the air, waste,

1-29     or water programs within the commission's jurisdiction and whether

1-30     an affected association is entitled to standing in contested case

1-31     hearings.  A county with a population of more than 2.8 million is

1-32     an affected person in a contested case involving a facility or

1-33     activity located or occurring within the boundaries of the county

1-34     unless the statute under which the hearing is held provides

1-35     otherwise.

1-36           SECTION 2.  The change in law made by this Act applies only

1-37     to a contested case hearing held by or for the Texas Natural

1-38     Resource Conservation Commission on an application for a permit or

1-39     license that is:

1-40                 (1)  pending before the commission on the effective

1-41     date of this Act; or

1-42                 (2)  filed with the commission on or after the

1-43     effective date of this Act.

1-44           SECTION 3.  This Act takes effect September 1, 1997.

1-45           SECTION 4.  The importance of this legislation and the

1-46     crowded condition of the calendars in both houses create an

1-47     emergency and an imperative public necessity that the

1-48     constitutional rule requiring bills to be read on three several

1-49     days in each house be suspended, and this rule is hereby suspended.

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