1-1  By:  Sims, Brown                                       S.B. No. 742
    1-2        (In the Senate - Filed February 23, 1995; February 27, 1995,
    1-3  read first time and referred to Committee on Natural Resources;
    1-4  May 4, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 6, Nays 1; May 4, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 742                    By:  Brown
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the office of public interest counsel of the Texas
   1-11  Natural Resource Conservation Commission; providing a penalty.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Subchapter G, Chapter 5, Water Code, is amended
   1-14  by amending Sections 5.271, 5.272, 5.273, and 5.275 and by adding
   1-15  Section 5.276 to read as follows:
   1-16        Sec. 5.271.  CREATION <AND GENERAL RESPONSIBILITY> OF THE
   1-17  OFFICE OF PUBLIC INTEREST COUNSEL.  The office of public interest
   1-18  counsel is created as an independent division of the Texas Natural
   1-19  Resource Conservation Commission <to ensure that the commission
   1-20  promotes the public's interest and is responsive to environmental
   1-21  and citizens' concerns including environmental quality and consumer
   1-22  protection>.
   1-23        Sec. 5.272.  PUBLIC INTEREST COUNSEL.  (a)  The office shall
   1-24  be headed by a public interest counsel appointed by the governor
   1-25  with the advice and consent of the senate.  The counsel serves a
   1-26  two-year term expiring February 1 of each odd-numbered year.
   1-27        (b)  To be eligible to serve as the counsel, a person must:
   1-28              (1)  be a resident of Texas and licensed to practice
   1-29  law in Texas; and
   1-30              (2)  have the knowledge and experience necessary to
   1-31  practice effectively in proceedings before the commission and in
   1-32  court <commission.  The executive director may submit the names and
   1-33  qualifications of candidates for public interest  counsel to the
   1-34  commission>.
   1-35        Sec. 5.273.  POWERS AND DUTIES OF THE PUBLIC INTEREST
   1-36  COUNSEL.  (a)  The counsel, on request, shall inform a participant
   1-37  in a proceeding before the commission of:
   1-38              (1)  the procedural requirements applicable to the
   1-39  proceeding; or
   1-40              (2)  the current status of the proceeding.
   1-41        (b)  The counsel may represent the public interest and be a
   1-42  party to contested case <all> proceedings before the commission:
   1-43              (1)  involving the review of retail water rates; or
   1-44              (2)  pertaining to an application for a certificate of
   1-45  convenience and necessity.
   1-46        (c)  The counsel may serve as an impartial third party in an
   1-47  alternative dispute resolution procedure in matters pending before
   1-48  the commission.  The commission shall establish procedures for
   1-49  referring matters to the office of public interest counsel for
   1-50  alternative dispute resolution.
   1-51        (d)  The counsel may submit amicus curiae briefs to the
   1-52  commission on matters pending before the commission affecting the
   1-53  public.
   1-54        (e)  The counsel may comment on and appear before the
   1-55  commission in matters involving rulemaking and advise the
   1-56  commission of adverse impacts on the public.
   1-57        (f)  The counsel may participate in a meeting of any of the
   1-58  commission's advisory committees to represent the public interest.
   1-59        (g)  The commission shall provide the counsel a copy of each
   1-60  notice related to a matter under the jurisdiction of the commission
   1-61  that is required by statute or commission rule to be mailed,
   1-62  published, or posted in any manner by the commission or another
   1-63  person.
   1-64        Sec. 5.275.  JUDICIAL REVIEW AND APPEAL.  The counsel may
   1-65  appeal on behalf of the public an action taken by the commission in
   1-66  a proceeding in which the counsel participated as a party.  The
   1-67  counsel may intervene as a matter of right or appear in any other
   1-68  appropriate capacity in a judicial proceeding that arises out of a
    2-1  commission proceeding in which the counsel participated as a party
    2-2  <A ruling, decision, or other act of the commission may not be
    2-3  appealed by the counsel>.
    2-4        Sec. 5.276.  REPRESENTATION BY FORMER COUNSEL; PENALTY.
    2-5  (a)  The counsel or an employee of the office may not represent any
    2-6  person or receive compensation for services rendered on behalf of
    2-7  any person regarding a particular matter in which the former
    2-8  counsel or employee participated during the period of employment
    2-9  with the office, either through personal involvement or because the
   2-10  case or proceeding was a matter within the office's official
   2-11  responsibility.
   2-12        (b)  An individual commits an offense if the individual
   2-13  violates this section.  An offense under this subsection is a Class
   2-14  A misdemeanor.
   2-15        SECTION 2.  The change in law made by this Act applies to a
   2-16  proceeding initiated before, on, or after the effective date of
   2-17  this Act.
   2-18        SECTION 3.  The importance of this legislation and the
   2-19  crowded condition of the calendars in both houses create an
   2-20  emergency and an imperative public necessity that the
   2-21  constitutional rule requiring bills to be read on three several
   2-22  days in each house be suspended, and this rule is hereby suspended,
   2-23  and that this Act take effect and be in force from and after its
   2-24  passage, and it is so enacted.
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