85R5869 SLB-D
By: Dutton H.B. No. 1115
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 following
elected officials are considered affected persons:
(1) 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;
(2) the members of the governing body of a
municipality in which the facility to which the application relates
is located or proposed to be located; and
(3) the commissioners court of a county in which the
facility to which the application relates is located or proposed to
be located.
SECTION 2. The changes in law made by this Act apply only to
an application for a permit that is filed with the Texas Commission
on Environmental Quality on or after the effective date of this Act.
An application for a permit 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, 2017.