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