By:  Bivins                                           S.B. No. 1788
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to affected persons entitled to a contested case hearing
 1-2     before the Texas Natural Resource Conservation Commission.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 5.115, Water Code, is amended by amending
 1-5     Subsection (a) to read as follows:
 1-6           (a)  For the purpose of an administrative hearing held by or
 1-7     for the commission involving a contested case, "affected person,"
 1-8     or "person affected," or "person who may be affected" means a
 1-9     person who has a personal justiciable interest related to a legal
1-10     right, duty, privilege, power, or economic interest affected by the
1-11     administrative hearing.  An interest common to members of the
1-12     general public does not qualify as a personal justiciable interest.
1-13     The commission shall make this determination based on the person's
1-14     request for hearing, the executive director's review of the
1-15     application, and the rules adopted pursuant to this subsection [is
1-16     not required to hold a hearing if the commission determines that
1-17     the basis of a person's request for a hearing as an affected person
1-18     is not reasonable or is not supported by competent evidence].  The
1-19     commission is not required to hold an evidentiary hearing to make
1-20     this determination.  The commission shall adopt rules specifying
1-21     factors which must be considered in determining whether a person is
1-22     an affected person in any contested case arising under the air,
 2-1     waste, or water programs within the commission's jurisdiction  and
 2-2     whether an affected association is entitled to standing in
 2-3     contested case hearings.
 2-4           SECTION 2.  Section 382.056, Health and Safety Code, is
 2-5     amended by amending Subsection (d) to read as follows:
 2-6           (d)  Except as provided by Section 382.0561 or Subsection
 2-7     (e), the commission or its delegate shall hold a public hearing on
 2-8     the permit application or permit renewal application before
 2-9     granting the permit or renewal if a person who may be affected by
2-10     the emissions, or a member of the legislature from the general area
2-11     in which the facility or proposed facility is located, requests a
2-12     hearing within the period set by commission rule.  The commission
2-13     shall make the determination of whether to grant a hearing based on
2-14     the person's request for hearing, the executive director's review
2-15     of the application, and the rules adopted pursuant to this
2-16     subsection [not hold a hearing if the basis of a request by a
2-17     person who may be affected is determined to be unreasonable].  The
2-18     commission is not required to hold an evidentiary hearing to make
2-19     this determination.  The commission shall not grant [Reasons for
2-20     which] a request for a hearing on a permit amendment, modification,
2-21     or renewal [shall be considered to be unreasonable include, but are
2-22     not limited to, an amendment, modification, or renewal] that would
2-23     not result in an increase in allowable emissions and would not
2-24     result in the emission of an air contaminant not previously
2-25     emitted.
2-26           SECTION 3.  The importance of this legislation and the
 3-1     crowded condition of the calendars in both houses create an
 3-2     emergency and an imperative public necessity that the
 3-3     constitutional rule requiring bills to be read on three several
 3-4     days in each house be suspended, and this rule is hereby suspended,
 3-5     and that this Act take effect and be in force from and after its
 3-6     passage, and it is so enacted.