Bill Text: TX HB2073 | 2015-2016 | 84th Legislature | Introduced

Texas House Bill 2073 (Prior Session Legislation)

TX State Legislature page for HB2073

Introduced

Bill Title: Relating to persons affected by certain municipalities' water or sewer utility improvements.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-03-17 - Referred to Natural Resources [HB2073 Detail]

Download: Texas-2015-HB2073-Introduced.html

	84R6169 DDT-F

	By: Isaac	H.B. No. 2073



	A BILL TO BE ENTITLED
	AN ACT
	relating to persons affected by certain municipalities' water or
	sewer utility improvements.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 5.115, Water Code, is amended by
	amending Subsection (a) and adding Subsection (a-1) to read as
	follows:
	(a) For the purpose of an administrative hearing held by or
	for the commission involving a contested case, except as provided
	by Subsection (a-1), "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. 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.
	(a-1) In an administrative hearing held by or for the
	commission involving a contested case in which a Type A general-law
	municipality seeks approval for any action related to a water or
	sewer utility improvement, another municipality is not an "affected
	person," or "person affected," or "person who may be affected" for
	purposes of this section if:
	(1) the other municipality's corporate limits or
	extraterritorial jurisdiction is at least two miles from any part
	of the water or sewer utility improvement that is at issue in the
	contested case; or
	(2) the other municipality has permitted wastewater
	discharge under a less stringent standard than the standard sought
	by the Type A general-law municipality.
	SECTION 2. The change in law made by this Act applies only
	to a contested case that is filed on or after the effective date of
	this Act. A contested case that was filed before the effective date
	of this Act is governed by the law in effect at the time the case was
	filed, and that law is continued in effect for that purpose.
	SECTION 3. This Act takes effect September 1, 2015.