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A BILL TO BE ENTITLED
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AN ACT
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relating to the standard of review for a determination of standing |
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in a contested case hearing conducted by the Texas Commission on |
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Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5.115, Water Code, is amended by adding |
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Subsection (a-1) to read as follows: |
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(a-1) A determination of standing made under Subsection (a) |
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is discretionary. The commission is not required to hold an |
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evidentiary hearing on such a determination. A court may reverse |
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and remand such a determination only if the court finds that the |
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commission: |
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(1) failed to consider a factor required by law to be |
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considered; |
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(2) considered an irrelevant factor; or |
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(3) considered only relevant factors required by law |
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to be considered but reached a completely unreasonable result. |
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SECTION 2. The changes in law made by this Act apply only to |
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a determination of standing made by the Texas Commission on |
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Environmental Quality on or after the effective date of this Act. A |
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determination made before the effective date of this Act is |
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governed by the law in effect on the date the determination was |
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made, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |