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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
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