Texas House Bill HB654

Texas 2019 - 86th Regular

Caption

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.

Impact

The amendments proposed by HB 654 specifically alter how interests are determined in relation to contested cases, potentially limiting participation to individuals or entities with a direct proprietary or legal interest involved in the permit being contested. This raises questions about public participation in environmental decisions, as interests deemed 'common to members of the general public' will no longer suffice for individuals to claim affected status. Therefore, this change represents a significant shift in the legal framework governing environmental permits and stakeholder engagement in Texas.

Summary

House Bill 654 aims to amend the definition of 'affected person' concerning contested case hearings overseen by the Texas Commission on Environmental Quality (TCEQ) for certain environmental permit applications. The bill seeks to refine who qualifies as an 'affected person' in these proceedings by establishing that a personal justiciable interest must be demonstrated. The intent is to ensure that only those with a direct stake in the outcome of the permit application are allowed to participate in the hearings, ostensibly streamlining the process and reducing unnecessary challenges.

Contention

Critics may argue that the bill disproportionately favors applicants and could hinder environmental oversight by reducing the number of voices able to challenge potentially harmful permits. By tightening the criteria for who is regarded as an 'affected person', the bill could restrict community input and limit the checks and balances that public participation provides in the regulatory process. This could lead to concerns that public interests, especially those of marginalized communities, might be underrepresented in permitting discussions, as fewer individuals would qualify to engage in the administrative hearings.