Tex. Codes » Water Code · TITLE 2. WATER ADMINISTRATION · SUBTITLE A. EXECUTIVE AGENCIES · CHAPTER 5. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Texas Codes

Tex. Water Code § 5.115 (2026)

Persons Affected In Commission Hearings; Notice Of Application

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 41 cases (10 in the last 5 years), 1998–2025 · leading case: City of Waco v. Texas Comm'n on Env't Quality, 346 S.W.3d 781 (Tex. App. 2011).
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City of Waco v. Texas Comm'n on Env't Quality, 346 S.W.3d 781 (Tex. App. 2011). · cites it 9× “” Tex. Water Code Ann. § 5.115 (a). Pertinent to this appeal, the Commission has promulgated the following rule: In determining whether a person is an affected person, all factors shall be considered, including, but not limited to, the following: (1) whether the interest claimed…”
United Copper Indus., Inc. v. Grissom, 17 S.W.3d 797 (Tex. App. 2000). · cites it 6× “Laws 4380 , 4381 ( Tex. Water Code Ann. § 5.115 (a), since amended by Act of May 30, 1999, 76th Leg.”
Heat Energy Advanced Tech., Inc. v. West Dallas Coalition for Env't Just., 962 S.W.2d 288 (Tex. App. 1998). · cites it 3× “See Tex. Water Code Ann. § 5.115 (a) (West Supp.”
Texas Comm'n on Env't Quality v. City of Waco, 413 S.W.3d 409 (Tex. 2013). · cites it 2× “Tex. Water Code § 5.115(a); see also 30 Tex.”
Sierra Club v. Texas Comm'n on Env't Quality & Waste Control Specialists, 455 S.W.3d 214 (Tex. App. 2014). · cites it 3× “Under TCEQ’s enabling statute, Chapter 5 of the Texas Water Code, an “affected person” is “a person who has a personal justiciable interest related to a legal right, duty, privilege, power, or economic interest affected by the administrative hearing.”
Collins v. Texas Nat. Resource Conservation Comm'n, 94 S.W.3d 876 (Tex. App. 2002). “Laws 4380 , 4381 *882 ( Tex. Water Code Ann. § 5.115 (a), since amended by Act of May 30, 1999, 76th Leg.”
Walter West, P.E. v. Texas Comm'n on Env't Quality, 260 S.W.3d 256 (Tex. App. 2008). “" Tex. Water Code Ann. § 5.115 (a) (West 2000).”
the Texas Comm'n on Env't Quality & Waste Control Specialists, LLC v. Sierra Club, 455 S.W.3d 228 (Tex. App. 2014). “256 (“Determination of Affected Person”); see Tex. Water Code § 5.115(a) (directing TCEQ to adopt rules specifying factors that must be considered in determining affected-person status); see also City of Waco, 413 S.”
Bosque River Coalition v. Texas Comm'n on Env't Quality, 347 S.W.3d 366 (Tex. App. 2011). · cites it 5× “Tex. Water Code Ann. § 5.115 (a) (West 2008).”
Texas Comm'n on Env't Quality v. Wilbarger Creek Conservation All., Marilyn Kelinske, Anne Brockenbrough, & Jonathan Beall (Tex. App. 2025). · cites it 17× “.........................................”
Texas Comm'n on Env't Quality v. Wilbarger Creek Conservation All., Marilyn Kelinske, Anne Brockenbrough, & Jonathan Beall (2025). · cites it 14× “15 Tex. Water Code § 5.115(a) ..............”
Texas Comm'n on Env't Quality & Max Midstream, LLC v. San Antonio Bay Estuarine Waterkeeper, Texas Campaign for the Env't, & S. Diane Wilson (Tex. App. 2025). · cites it 7× “Tex. Water Code §§ 5.115, 5.556. Because there is a record that is the basis of agency action—the fundamental requirement for a substantial-evidence review—we conclude the standard of review in this case is pursuant to substantial-evidence review.”
Show all 41 citing cases →
— Tex. Water Code § 5.115(a) — 14 cases
Texas Comm'n on Env't Quality v. City of Waco, 413 S.W.3d 409 (Tex. 2013). “Tex. Water Code § 5.115(a); see also 30 Tex.”
Sierra Club v. Texas Comm'n on Env't Quality & Waste Control Specialists, 455 S.W.3d 214 (Tex. App. 2014). “Under TCEQ’s enabling statute, Chapter 5 of the Texas Water Code, an “affected person” is “a person who has a personal justiciable interest related to a legal right, duty, privilege, power, or economic interest affected by the administrative hearing.”
the Texas Comm'n on Env't Quality & Waste Control Specialists, LLC v. Sierra Club, 455 S.W.3d 228 (Tex. App. 2014). “256 (“Determination of Affected Person”); see Tex. Water Code § 5.115(a) (directing TCEQ to adopt rules specifying factors that must be considered in determining affected-person status); see also City of Waco, 413 S.”
Texas Comm'n on Env't Quality v. Wilbarger Creek Conservation All., Marilyn Kelinske, Anne Brockenbrough, & Jonathan Beall (Tex. App. 2025). “.........................................”
Texas Comm'n on Env't Quality v. Wilbarger Creek Conservation All., Marilyn Kelinske, Anne Brockenbrough, & Jonathan Beall (Tex. App. 2025).
— Tex. Water Code § 5.115(b) — 2 cases
Harvey Lee Kunze v. Texas Comm'n on Env't Quality & City of La Coste (Tex. App. 2015).
Texas Comm'n on Env't Quality v. Wilbarger Creek Conservation All., Marilyn Kelinske, Anne Brockenbrough, & Jonathan Beall (Tex. App. 2025). “.........................................”
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