Texas Water Code

§ 5.115 — PERSONS AFFECTED IN COMMISSION HEARINGS; NOTICE OF APPLICATION

WA § 5.115Title 2. WATER ADMINISTRATION · Part A. EXECUTIVE AGENCIES · Ch. 5. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY · Art. D. GENERAL POWERS AND DUTIES OF COMMISSION

Statute text

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(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. (a-1) The commission shall adopt rules specifying factors which must be considered in determining whether a person is an affected person in any contested case arising under the air, waste, or water programs within the commission's jurisdiction and whether an affected association is entitled to standing in contested case hearings. For a matter referred under Section 5.556, the commission:

(1)may consider:

(A)the merits of the underlying application, including whether the application meets the requirements for permit issuance;

(B)the likely impact of regulated activity on the health, safety, and use of the property of the hearing requestor;

(C)the administrative record, including the permit application and any supporting documentation;

(D)the analysis and opinions of the executive director; and

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Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 10.01, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 116 (S.B. 709), Sec. 2, eff. September 1, 2015.