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.
2-25 * * * * *