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.