| 1 | 1 | | 87R5100 SLB-D |
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| 2 | 2 | | By: Dutton H.B. No. 969 |
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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 the definition of "affected person" for purposes of a |
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| 8 | 8 | | contested case hearing held by or for the Texas Commission on |
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| 9 | 9 | | Environmental Quality regarding certain environmental permit |
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| 10 | 10 | | applications. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 5.115(a), Water Code, is amended to read |
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| 13 | 13 | | as follows: |
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| 14 | 14 | | (a) For the purpose of an administrative hearing held by or |
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| 15 | 15 | | for the commission involving a contested case, "affected person," |
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| 16 | 16 | | or "person affected," or "person who may be affected" means a person |
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| 17 | 17 | | who has a personal justiciable interest related to a legal right, |
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| 18 | 18 | | duty, privilege, power, or economic interest affected by the |
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| 19 | 19 | | administrative hearing. An interest common to members of the |
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| 20 | 20 | | general public does not qualify as a personal justiciable interest. |
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| 21 | 21 | | For the purpose of an administrative hearing held by or for the |
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| 22 | 22 | | commission involving a contested case regarding a permit |
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| 23 | 23 | | application referred under Section 5.556 or 5.557, the state |
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| 24 | 24 | | senator and representative who represent the area in which the |
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| 25 | 25 | | facility to which the application relates is located or proposed to |
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| 26 | 26 | | be located are considered affected persons. |
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| 27 | 27 | | SECTION 2. The changes in law made by this Act apply only to |
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| 28 | 28 | | an application that is filed with the Texas Commission on |
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| 29 | 29 | | Environmental Quality on or after the effective date of this Act. |
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| 30 | 30 | | An application filed before the effective date of this Act is |
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| 31 | 31 | | governed by the law in effect on the date of filing, and that law is |
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| 32 | 32 | | continued in effect for that purpose. |
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| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2021. |
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