89R11371 DRS-D
By: Dutton H.B. No. 3039
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 state
senator and representative who represent the area in which the
facility to which the application relates is located or proposed to
be located are considered affected persons.
SECTION 2. The changes in law made by this Act apply only to
an application that is filed with the Texas Commission on
Environmental Quality on or after the effective date of this Act.
An application 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, 2025.