BILL ANALYSIS C.S.S.B. 742 By: Sims Natural Resources 05-04-95 Committee Report (Substituted) BACKGROUND Under current law, the Texas Natural Resource Conservation Commission's office of public interest counsel is a party in every contested case hearing before the commission. PURPOSE As proposed, C.S.S.B. 742 amends the duties of the office of public interest counsel of the Texas Natural Resource Conservation Commission. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 5G, Water Code, by amending Sections 5.271-5.273 and 5.275 and by adding Section 5.276, as follows: Sec. 5.271. New heading: CREATION OF THE OFFICE OF PUBLIC INTEREST COUNSEL. Creates the office of public interest counsel (office) as an independent division of the Texas Natural Resource Conservation Commission (commission). Deletes language establishing the general responsibility of the office. Sec. 5.272. PUBLIC INTEREST COUNSEL. (a) Requires the office to be headed by a public interest counsel (counsel) appointed by the governor with advice and consent of the senate. Sets forth the term of the counsel. (b) Requires a person to meet certain eligibility requirements to serve as counsel. Deletes language authorizing the executive director to submit names and qualifications of candidates for counsel. Sec. 5.273. New heading: POWERS AND DUTIES OF THE PUBLIC INTEREST COUNSEL. (a) Requires the counsel, on request, to inform a participant in a proceeding before the commission of the procedural requirements applicable to the proceeding, or the current status of the proceeding. (b) Authorizes the counsel to represent the public interest and be a party to contested case proceedings before the commission involving the review of retail water rates, or pertaining to an application for a certificate of convenience and necessity. (c) Authorizes the counsel to serve as an impartial third party in an alternative dispute resolution procedure in matters pending before the commission. Requires the commission to establish procedures for referring matters to the office for alternative dispute resolution. (d) Authorizes the counsel to submit amicus curiae briefs to the commission on matters before the commission affecting the public. (e) Authorizes the counsel to comment on and appear before the commission in matters involving rulemaking, and advise the commission of adverse impacts on the public. (f) Requires the counsel to participate in a meeting of the commission's advisory committees to represent the public interest. (g) Requires the commission to provide to the counsel a copy of each notice related to a matter under the commission's jurisdiction that is required by the statute or commission rule to be mailed, published, or posted in any manner by the commission or another person. Sec. 5.275. New heading: JUDICIAL REVIEW AND APPEAL. Authorizes the counsel to appeal on behalf of the public an action taken by the commission in a proceeding in which the counsel participated as a party. Authorizes the counsel to intervene as a matter of right or appear in any other appropriate capacity in a judicial proceeding that arises out of a commission proceeding in which the counsel participated as a party. Deletes language authorizing a rule, decision, or act of the commission to be appealed by the counsel. Sec. 5.276. REPRESENTATION BY FORMER COUNSEL; PENALTY. (a) Prohibits the counsel or an employee of the office from representing any person or receiving compensation for services rendered on behalf of any person regarding a particular matter in which the former counsel or employee participated during the period of employment with the office, either through personal involvement or because the case or proceeding was a matter within the office's official responsibility. (b) Provides that an individual commits a Class A misdemeanor for violation of this section. SECTION 2. Makes application of this Act retroactive. SECTION 3. Emergency clause. Effective date: upon passage.