HB3039 - 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.

  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.