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A BILL TO BE ENTITLED
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AN ACT
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relating to the definition of "affected person" for purposes of a |
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contested case hearing held by or for the Texas Commission on |
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Environmental Quality regarding certain environmental permit |
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applications. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5.115(a), Water Code, is amended to read |
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as follows: |
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(a) For the purpose of an administrative hearing held by or |
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for the commission involving a contested case, "affected person," |
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or "person affected," or "person who may be affected" means a person |
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who has a personal justiciable interest related to a legal right, |
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duty, privilege, power, or economic interest affected by the |
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administrative hearing. An interest common to members of the |
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general public does not qualify as a personal justiciable interest. |
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For the purpose of an administrative hearing held by or for the |
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commission involving a contested case regarding a permit |
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application referred under Section 5.556 or 5.557, the following |
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elected officials are considered affected persons: |
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(1) the state senator and representative who represent |
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the area in which the facility to which the application relates is |
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located or proposed to be located; |
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(2) the members of the governing body of a |
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municipality in which the facility to which the application relates |
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is located or proposed to be located; and |
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(3) the commissioners court of a county in which the |
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facility to which the application relates is located or proposed to |
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be located. |
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SECTION 2. The changes in law made by this Act apply only to |
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an application for a permit that is filed with the Texas Commission |
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on Environmental Quality on or after the effective date of this Act. |
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An application for a permit filed before the effective date of this |
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Act is governed by the law in effect on the date of filing, and that |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |