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.