88R2644 DRS-D
 
  By: Dutton H.B. No. 934
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the definition of "affected person" for purposes of a
  contested case hearing held by or for the Texas Commission on
  Environmental Quality regarding certain environmental permit
  applications.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 5.115(a), Water Code, is amended to read
  as follows:
         (a)  For the purpose of an administrative hearing held by or
  for the commission involving a contested case, "affected person,"
  or "person affected," or "person who may be affected" means a person
  who has a personal justiciable interest related to a legal right,
  duty, privilege, power, or economic interest affected by the
  administrative hearing.  An interest common to members of the
  general public does not qualify as a personal justiciable interest.
  For the purpose of an administrative hearing held by or for the
  commission involving a contested case regarding a permit
  application referred under Section 5.556 or 5.557, the state
  senator and representative who represent the area in which the
  facility to which the application relates is located or proposed to
  be located are considered affected persons.
         SECTION 2.  The changes in law made by this Act apply only to
  an application that is filed with the Texas Commission on
  Environmental Quality on or after the effective date of this Act.
  An application filed before the effective date of this Act is
  governed by the law in effect on the date of filing, and that law is
  continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2023.