The following words and terms, when used in Subchapters D - G of this chapter (relating to Applicability and Definitions; Public Comment and Public Meetings; Requests for Reconsideration or Contested Case Hearing; and Requests for Contested Case Hearing and Public Comment on Certain Applications) shall have the following meanings.

1. (1) Affected person--A person who has a personal justiciable interest related to a legal right, duty, privilege, power, or economic interest affected by the application. An interest common to members of the general public does not qualify as a personal justiciable interest.

   1. (A) The determination of whether a person is affected shall be governed by §55.203 of this title (relating to Determination of Affected Person), or, if applicable, under §55.256 of this title (relating to Determination of Affected Person).
   2. (B) Notwithstanding any other law, a state agency, except a river authority, may not file a request for a contested case hearing or request for reconsideration, nor may it be considered an affected person or named a party, or otherwise contest an application for a permit or license received by the commission on or after September 1, 2011 unless the state agency is the applicant.
   3. (C) For an air quality standard permit for a concrete batch plant, only a person actually residing within 440 yards of the proposed plant may be an affected person
2. (2) Contested case hearing--A proceeding, including occupational licensing hearings, in which the legal rights, duties, or privileges of a person are determined by a state agency after an opportunity for adjudicative hearing.
3. (3) Motion to overturn--A request for the commission to overturn a final decision made by the executive director under §50.139 of this title (relating to Motion to Overturn the Executive Director's Decision).
4. (4) Motion for rehearing--A request for the commission to reconsider its final decision on a permit application under §50.119 of this title (relating to Notice of Commission Action, Motion for Rehearing) and §80.272 of this title (relating to Motion for Rehearing).
5. (5) Public meeting--A meeting held under §55.154 of this title (relating to Public Meetings) that is intended for the taking of public comments. A public meeting is not a contested case hearing.
6. (6) Request for reconsideration--A request that the commission reconsider the decision of the executive director on a permit application.

Source Note:The provisions of this §55.103 adopted to be effective October 20, 1999, 24 TexReg 9015; amended to be effective May 3, 2012, 37 TexReg 3133; amended to be effective February 18, 2026, 51 TexReg 940.