| 1 | 1 | | 84R6169 DDT-F |
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| 2 | 2 | | By: Isaac H.B. No. 2073 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to persons affected by certain municipalities' water or |
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| 8 | 8 | | sewer utility improvements. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 5.115, Water Code, is amended by |
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| 11 | 11 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (a) For the purpose of an administrative hearing held by or |
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| 14 | 14 | | for the commission involving a contested case, except as provided |
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| 15 | 15 | | by Subsection (a-1), "affected person," or "person affected," or |
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| 16 | 16 | | "person who may be affected" means a person who has a personal |
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| 17 | 17 | | justiciable interest related to a legal right, duty, privilege, |
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| 18 | 18 | | power, or economic interest affected by the administrative hearing. |
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| 19 | 19 | | An interest common to members of the general public does not qualify |
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| 20 | 20 | | as a personal justiciable interest. The commission shall adopt |
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| 21 | 21 | | rules specifying factors which must be considered in determining |
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| 22 | 22 | | whether a person is an affected person in any contested case arising |
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| 23 | 23 | | under the air, waste, or water programs within the commission's |
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| 24 | 24 | | jurisdiction and whether an affected association is entitled to |
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| 25 | 25 | | standing in contested case hearings. |
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| 26 | 26 | | (a-1) In an administrative hearing held by or for the |
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| 27 | 27 | | commission involving a contested case in which a Type A general-law |
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| 28 | 28 | | municipality seeks approval for any action related to a water or |
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| 29 | 29 | | sewer utility improvement, another municipality is not an "affected |
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| 30 | 30 | | person," or "person affected," or "person who may be affected" for |
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| 31 | 31 | | purposes of this section if: |
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| 32 | 32 | | (1) the other municipality's corporate limits or |
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| 33 | 33 | | extraterritorial jurisdiction is at least two miles from any part |
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| 34 | 34 | | of the water or sewer utility improvement that is at issue in the |
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| 35 | 35 | | contested case; or |
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| 36 | 36 | | (2) the other municipality has permitted wastewater |
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| 37 | 37 | | discharge under a less stringent standard than the standard sought |
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| 38 | 38 | | by the Type A general-law municipality. |
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| 39 | 39 | | SECTION 2. The change in law made by this Act applies only |
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| 40 | 40 | | to a contested case that is filed on or after the effective date of |
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| 41 | 41 | | this Act. A contested case that was filed before the effective date |
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| 42 | 42 | | of this Act is governed by the law in effect at the time the case was |
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| 43 | 43 | | filed, and that law is continued in effect for that purpose. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2015. |
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