By Conley H.B. No. 2820
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the responsibilities, duties and organization of, and
1-3 the renaming of, the office of public interest counsel of the Texas
1-4 Natural Resource Conservation Commission.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter G, Chapter 5, Water Code is amended to
1-7 read as follows:
1-8 Section 5.271. Creation and general Responsibility of the
1-9 Office of Natural Resource Public Interest Counsel. <The office of
1-10 public interest counsel is created to ensure that the commission
1-11 promotes the public's interest and is responsive to environmental
1-12 and citizens' concerns including environmental quality and consumer
1-13 protection.>
1-14 (a) The independent office of Natural Resource Public
1-15 Interest Counsel is created to ensure that the public's interest in
1-16 environmental quality and consumer protection is represented in all
1-17 matters before the Texas Natural Resource Conservation Commission.
1-18 (b) On January 1, 1996, all personnel, office space,
1-19 facilities, equipment, data, records, case files and other
1-20 possessions of the Office of Public Interest Counsel of the Texas
1-21 Natural Resource Conservation Commission are transferred to the
1-22 Office of Natural Resource Public Interest Counsel.
1-23 Section 5.272. <Public Interest Counsel. The office shall
2-1 be headed by a public interest counsel appointed by the commission.
2-2 The executive director may submit the names and qualifications of
2-3 candidates for public interest counsel to the commission.>
2-4 Section 5.272. Executive Director of the Office of Natural
2-5 Resource Public Interest Counsel. (a) The governor with the
2-6 advice and consent of the senate shall appoint a public counsel who
2-7 shall serve as the executive director of the office of natural
2-8 resource public interest counsel. The public interest counsel of
2-9 the Texas Natural Resource Conservation Commission shall serve as
2-10 executive director of the office of natural resource public
2-11 interest counsel for an interim term beginning on January 1, 1996
2-12 and until February 1, 1997 when the governor shall appoint a public
2-13 counsel.
2-14 (b) The public counsel appointed by the governor shall serve
2-15 for a term of two years expiring on February 1 of each odd year.
2-16 (c) To be eligible to serve as public counsel for the office
2-17 of natural resource public interest counsel, a person must be a
2-18 resident of Texas and be eligible to practice law in Texas. The
2-19 public counsel shall be a person who has demonstrated a strong
2-20 commitment and involvement in environmental quality and consumer
2-21 protection efforts and who possesses the knowledge and experience
2-22 necessary to practice effectively in proceedings before the Texas
2-23 Natural Resource Conservation Commission and the courts of this
2-24 state.
2-25 (d) The public counsel, as executive director of the office
3-1 of natural resource public interest counsel, shall be charged with
3-2 the responsibility of administering, enforcing, and carrying out
3-3 the provisions of this subchapter, including preparation and
3-4 submission to the legislature of a budget for the office, employing
3-5 all necessary professional, technical and other employees to carry
3-6 out the provisions of this subchapter, approval of expenditures for
3-7 professional services, travel, per diem, and other actual and
3-8 necessary expenses incurred in administering the office. Expenses
3-9 of the office shall be paid from funds received from the
3-10 commission, which funds shall be one (1) percent of all federal
3-11 funds received by the commission. Compensation for employees of
3-12 the office of natural resource public interest counsel shall be
3-13 fixed by the legislature as provided by the General Appropriations
3-14 Act.
3-15 (e) A person serving as the public counsel may not, for a
3-16 period of two years after the date the person ceases to be public
3-17 counsel, represent any person in a proceeding before the Texas
3-18 Natural Resource Conservation Commission or receive compensation
3-19 for services rendered on behalf of any person regarding a case
3-20 pending before the commission.
3-21 Section 5.273. Duties of the Natural Resource Public
3-22 Interest Counsel. (a) The public counsel shall represent the
3-23 public public's interest in environmental quality and consumer
3-24 protection and be a party to all proceedings before the
3-25 <commission> Texas Natural Resource Conservation Commission.
4-1 (b) The public counsel may serve on any board, committee or
4-2 advisory group not otherwise prohibited by law. The public counsel
4-3 shall participate in meetings of Texas Natural Resource
4-4 Conservation Commission advisory committees where necessary to
4-5 ensure that the public interest perspective is considered in
4-6 committee actions.
4-7 (c) Where statute or rule of the Texas Natural Resource
4-8 Commission shall require notice to the public, a copy of each such
4-9 notice shall be provided to the public counsel.
4-10 (d) The public counsel may recommend legislation to the
4-11 legislature that, in the judgment of the public counsel, would be
4-12 protective of consumers, public health or the environment. The
4-13 public counsel may initiate rulemaking before the Texas Natural
4-14 Resource Conservation Commission.
4-15 Section 5.275. Appeal. <A ruling, decision, or other act of
4-16 the commission may not be appealed by the counsel.>
4-17 The public counsel may initiate or intervene as a matter of
4-18 right or otherwise appear in a judicial proceeding involving or
4-19 arising out of any action taken by an administrative agency in a
4-20 proceeding in which the public counsel appeared under the authority
4-21 granted by this subchapter.
4-22 SECTION 2. The importance of this legislation and the
4-23 crowded condition of the calendars in both houses create an
4-24 emergency and an imperative public necessity that the
4-25 constitutional rule requiring bills to be read on three several
5-1 days in each house be suspended, and this rule is hereby suspended,
5-2 and that this Act take effect and be in force from and after its
5-3 passage, and it is so enacted.