2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter D. General Powers and Duties of the Commission › Section 5.115. Persons Affected in Commission Hearings; Notice of Application

Sec. 5.115.  PERSONS AFFECTED IN COMMISSION HEARINGS;  NOTICE OF APPLICATION.  (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
(E)  any other expert reports, affidavits, opinions, or data submitted on or before any applicable deadline to the commission by the executive director, the applicant, or a hearing requestor; and
(2)  may not find that:
(A)  a group or association is an affected person unless the group or association identifies, by name and physical address in a timely request for a contested case hearing, a member of the group or association who would be an affected person in the person's own right; or
(B)  a hearing requestor is an affected person unless the hearing requestor timely submitted comments on the permit application.
(b)  At the time an application for a permit or license under this code is filed with the executive director and is administratively complete, the commission shall give notice of the application to any person who may be affected by the granting of the permit or license.  A state agency that receives notice under this subsection may submit comments to the commission in response to the notice but may not contest the issuance of a permit or license by the commission.  For the purposes of this subsection, "state agency" does not include a river authority.
(c)  At the time an application for any formal action by the commission that will affect lands dedicated to the permanent school fund is filed with the executive director or the commission and is administratively complete, the commission shall give notice of the application to the School Land Board.  Notice shall be delivered by certified mail, return receipt requested, addressed to the deputy commissioner of the asset management division of the General Land Office.  Delivery is not complete until the return receipt is signed by the deputy commissioner of the asset management division of the General Land Office and returned to the commission.
(d)  The commission shall adopt rules for the notice required by this section.  The rules must provide for the notice required by this section to be posted on the Internet by the commission.
(e)  The notice must state:
(1)  the identifying number given the application by the commission;
(2)  the type of permit or license sought under the application;
(3)  the name and address of the applicant;
(4)  the date on which the application was submitted;  and
(5)  a brief summary of the information included in the permit application.
(f)  The notice to the School Land Board under this section shall additionally:
(1)  state the location of the permanent school fund land to be affected;  and
(2)  describe any foreseeable impact or effect of the commission's action on permanent school fund land.
(g)  A formal action or ruling by the commission on an application affecting permanent school fund land that is made without the notice required by this section is voidable by the School Land Board as to any permanent school fund lands affected by the action or ruling.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.010, eff. Aug. 12, 1991;  Acts 1993, 73rd Leg., ch. 991, Sec. 6, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 882, Sec. 1, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1350, Sec. 1, eff. Sept. 1, 1999.
Amended by:
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.