By Sims, Brown                                         S.B. No. 742
       74R3588 SMH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the duties of the office of public interest counsel of
    1-3  the Texas Natural Resource Conservation Commission.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 5.271 and 5.273, Water Code, are amended
    1-6  to read as follows:
    1-7        Sec. 5.271.  CREATION <AND GENERAL RESPONSIBILITY> OF THE
    1-8  OFFICE OF PUBLIC INTEREST COUNSEL.  The office of public interest
    1-9  counsel is created <to ensure that the commission promotes the
   1-10  public's interest and is responsive to environmental and citizens'
   1-11  concerns including environmental quality and consumer protection>.
   1-12        Sec. 5.273.  Duties of the Public Interest Counsel.  (a)  The
   1-13  counsel, on request, shall inform a participant in a proceeding
   1-14  before the commission of:
   1-15              (1)  the procedural requirements applicable to the
   1-16  proceeding; or
   1-17              (2)  the current status of the proceeding.
   1-18        (b)  The counsel may not <represent the public interest and>
   1-19  be a party to a proceeding <all proceedings> before the commission.
   1-20        SECTION 2.  Section 5.275, Water Code, is repealed.
   1-21        SECTION 3.  The change in law made by this Act applies to a
   1-22  proceeding initiated before, on, or after the effective date of
   1-23  this Act.
   1-24        SECTION 4.  The importance of this legislation and the
    2-1  crowded condition of the calendars in both houses create an
    2-2  emergency and an imperative public necessity that the
    2-3  constitutional rule requiring bills to be read on three several
    2-4  days in each house be suspended, and this rule is hereby suspended,
    2-5  and that this Act take effect and be in force from and after its
    2-6  passage, and it is so enacted.