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A BILL TO BE ENTITLED
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AN ACT
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relating to persons affected by certain municipalities' water or |
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sewer utility improvements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5.115, Water Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) For the purpose of an administrative hearing held by or |
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for the commission involving a contested case, except as provided |
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by Subsection (a-1), "affected person," or "person affected," or |
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"person who may be affected" means a person who has a personal |
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justiciable interest related to a legal right, duty, privilege, |
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power, or economic interest affected by the administrative hearing. |
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An interest common to members of the general public does not qualify |
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as a personal justiciable interest. The commission shall adopt |
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rules specifying factors which must be considered in determining |
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whether a person is an affected person in any contested case arising |
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under the air, waste, or water programs within the commission's |
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jurisdiction and whether an affected association is entitled to |
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standing in contested case hearings. |
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(a-1) In an administrative hearing held by or for the |
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commission involving a contested case in which a Type A general-law |
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municipality seeks approval for any action related to a water or |
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sewer utility improvement, another municipality is not an "affected |
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person," or "person affected," or "person who may be affected" for |
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purposes of this section if: |
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(1) the other municipality's corporate limits or |
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extraterritorial jurisdiction is at least two miles from any part |
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of the water or sewer utility improvement that is at issue in the |
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contested case; or |
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(2) the other municipality has permitted wastewater |
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discharge under a less stringent standard than the standard sought |
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by the Type A general-law municipality. |
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SECTION 2. The change in law made by this Act applies only |
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to a contested case that is filed on or after the effective date of |
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this Act. A contested case that was filed before the effective date |
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of this Act is governed by the law in effect at the time the case was |
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filed, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |