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. 1-50 * * * * *