84R6169 DDT-F
By: Isaac H.B. No. 2073
A BILL TO BE ENTITLED
AN ACT
relating to persons affected by certain municipalities' water or
sewer utility improvements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5.115, Water Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) For the purpose of an administrative hearing held by or
for the commission involving a contested case, except as provided
by Subsection (a-1), "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. The commission shall adopt
rules specifying factors which must be considered in determining
whether a person is an affected person in any contested case arising
under the air, waste, or water programs within the commission's
jurisdiction and whether an affected association is entitled to
standing in contested case hearings.
(a-1) In an administrative hearing held by or for the
commission involving a contested case in which a Type A general-law
municipality seeks approval for any action related to a water or
sewer utility improvement, another municipality is not an "affected
person," or "person affected," or "person who may be affected" for
purposes of this section if:
(1) the other municipality's corporate limits or
extraterritorial jurisdiction is at least two miles from any part
of the water or sewer utility improvement that is at issue in the
contested case; or
(2) the other municipality has permitted wastewater
discharge under a less stringent standard than the standard sought
by the Type A general-law municipality.
SECTION 2. The change in law made by this Act applies only
to a contested case that is filed on or after the effective date of
this Act. A contested case that was filed before the effective date
of this Act is governed by the law in effect at the time the case was
filed, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2015.