| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 84R6030 SLB-F | |
| 2 | 2 | By: Clardy H.B. No. 1113 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to the standard of review for a determination of standing | |
| 8 | 8 | in a contested case hearing conducted by the Texas Commission on | |
| 9 | 9 | Environmental Quality. | |
| 10 | 10 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 11 | 11 | SECTION 1. Section 5.115, Water Code, is amended by adding | |
| 12 | 12 | Subsection (a-1) to read as follows: | |
| 13 | 13 | (a-1) A determination of standing made under Subsection (a) | |
| 14 | 14 | is discretionary. The commission is not required to hold an | |
| 15 | 15 | evidentiary hearing on such a determination. A court may reverse | |
| 16 | 16 | and remand such a determination only if the court finds that the | |
| 17 | 17 | commission: | |
| 18 | 18 | (1) failed to consider a factor required by law to be | |
| 19 | 19 | considered; | |
| 20 | 20 | (2) considered an irrelevant factor; or | |
| 21 | 21 | (3) considered only relevant factors required by law | |
| 22 | 22 | to be considered but reached a completely unreasonable result. | |
| 23 | 23 | SECTION 2. The changes in law made by this Act apply only to | |
| 24 | 24 | a determination of standing made by the Texas Commission on | |
| 25 | 25 | Environmental Quality on or after the effective date of this Act. A | |
| 26 | 26 | determination made before the effective date of this Act is | |
| 27 | 27 | governed by the law in effect on the date the determination was | |
| 28 | 28 | made, and that law is continued in effect for that purpose. | |
| 29 | 29 | SECTION 3. This Act takes effect September 1, 2015. |