bill giving local lawmakers standing in contested permit hearings

The text as introduced · 268 words

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.