Bill Text: TX HB1113 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the standard of review for a determination of standing in a contested case hearing conducted by the Texas Commission on Environmental Quality.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-21 - Reported favorably w/o amendment(s) [HB1113 Detail]
Download: Texas-2015-HB1113-Introduced.html
84R6030 SLB-F | ||
By: Clardy | H.B. No. 1113 |
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relating to the standard of review for a determination of standing | ||
in a contested case hearing conducted by the Texas Commission on | ||
Environmental Quality. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 5.115, Water Code, is amended by adding | ||
Subsection (a-1) to read as follows: | ||
(a-1) A determination of standing made under Subsection (a) | ||
is discretionary. The commission is not required to hold an | ||
evidentiary hearing on such a determination. A court may reverse | ||
and remand such a determination only if the court finds that the | ||
commission: | ||
(1) failed to consider a factor required by law to be | ||
considered; | ||
(2) considered an irrelevant factor; or | ||
(3) considered only relevant factors required by law | ||
to be considered but reached a completely unreasonable result. | ||
SECTION 2. The changes in law made by this Act apply only to | ||
a determination of standing made by the Texas Commission on | ||
Environmental Quality on or after the effective date of this Act. A | ||
determination made before the effective date of this Act is | ||
governed by the law in effect on the date the determination was | ||
made, and that law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2015. |