By: Gallegos S.B. No. 1359
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the Office of Natural Resource Public Interest Counsel.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subchapter G, Chapter 5, Water Code, is amended
1-4 to read as follows:
1-5 SUBCHAPTER G. OFFICE OF NATURAL RESOURCE PUBLIC
1-6 INTEREST COUNSEL
1-7 Sec. 5.271. CREATION AND GENERAL RESPONSIBILITY OF THE
1-8 OFFICE OF NATURAL RESOURCE PUBLIC INTEREST COUNSEL. (a) The
1-9 independent Office of Natural Resource Public Interest Counsel is
1-10 created to ensure that the public's interest in environmental
1-11 quality and consumer protection is represented in all matters
1-12 before the commission.
1-13 (b) On January 1, 1996, all personnel, office space,
1-14 facilities, equipment, data, records, case files, and other
1-15 possessions of the office of public interest counsel of the
1-16 commission are transferred to the Office of Natural Resource Public
1-17 Interest Counsel. <The office of public interest counsel is
1-18 created to ensure that the commission promotes the public's
1-19 interest and is responsive to environmental and citizens' concerns
1-20 including environmental quality and consumer protection.>
1-21 Sec. 5.272. EXECUTIVE DIRECTOR OF THE OFFICE OF NATURAL
1-22 RESOURCE PUBLIC INTEREST COUNSEL. (a) The governor with the
1-23 advice and consent of the senate shall appoint a public counsel who
2-1 shall serve as the executive director of the Office of Natural
2-2 Resource Public Interest Counsel. The public interest counsel of
2-3 the commission shall serve as executive director of the Office of
2-4 Natural Resource Public Interest Counsel for an interim term from
2-5 January 1, 1996, until February 1, 1997, when the governor shall
2-6 appoint a public counsel.
2-7 (b) The public counsel appointed by the governor shall serve
2-8 for a term of two years expiring on February 1 of each odd year.
2-9 (c) To be eligible to serve as public counsel for the Office
2-10 of Natural Resource Public Interest Counsel, a person must be a
2-11 resident of Texas and be eligible to practice law in Texas. The
2-12 public counsel shall be a person who has demonstrated a strong
2-13 commitment and involvement in environmental quality and consumer
2-14 protection efforts and who possesses the knowledge and experience
2-15 necessary to practice effectively in proceedings before the
2-16 commission and the courts of this state.
2-17 (d) The public counsel, as executive director of the Office
2-18 of Natural Resource Public Interest Counsel, shall be charged with
2-19 the responsibility of administering, enforcing, and carrying out
2-20 the provisions of this subchapter, including preparation and
2-21 submission to the legislature of a budget for the office, employing
2-22 all necessary professional, technical, and other employees to carry
2-23 out the provisions of this subchapter, and approval of expenditures
2-24 for professional services, travel, per diem, and other actual and
2-25 necessary expenses incurred in administering the office.
3-1 Compensation for employees of the Office of Natural Resource Public
3-2 Interest Counsel shall be fixed by the legislature as provided by
3-3 the General Appropriations Act.
3-4 (e) A person serving as the public counsel may not, for a
3-5 period of two years after the date the person ceases to be public
3-6 counsel, represent any person in a proceeding before the commission
3-7 or receive compensation for services rendered on behalf of any
3-8 person regarding a case pending before the commission. <The office
3-9 shall be headed by a public interest counsel appointed by the
3-10 commission. The executive director may submit the names and
3-11 qualifications of candidates for public interest counsel to the
3-12 commission.>
3-13 Sec. 5.273. DUTIES OF THE NATURAL RESOURCE PUBLIC INTEREST
3-14 COUNSEL. (a) The public counsel shall represent the public's
3-15 <public> interest in environmental quality and consumer protection
3-16 and be a party to all proceedings before the commission.
3-17 (b) The public counsel may serve on any board, committee, or
3-18 advisory group not otherwise prohibited by law. The public counsel
3-19 shall participate in meetings of commission advisory committees
3-20 where necessary to ensure that the public interest perspective is
3-21 considered in committee actions.
3-22 (c) Where a statute or rule of the commission shall require
3-23 notice to the public, a copy of each such notice shall be provided
3-24 to the public counsel.
3-25 (d) The public counsel may recommend legislation to the
4-1 legislature that, in the judgment of the public counsel, would be
4-2 protective of consumers, public health, or the environment. The
4-3 public counsel may initiate rulemaking before the commission.
4-4 Sec. 5.274. STAFF. The office shall be adequately staffed
4-5 to carry out its functions under this code.
4-6 Sec. 5.275. APPEAL. The public counsel may initiate or
4-7 intervene as a matter of right or otherwise appear in a judicial
4-8 proceeding involving or arising out of any action taken by an
4-9 administrative agency in a proceeding in which the public counsel
4-10 appeared under the authority granted by this subchapter. <A
4-11 ruling, decision, or other act of the commission may not be
4-12 appealed by the counsel.>
4-13 SECTION 2. The importance of this legislation and the
4-14 crowded condition of the calendars in both houses create an
4-15 emergency and an imperative public necessity that the
4-16 constitutional rule requiring bills to be read on three several
4-17 days in each house be suspended, and this rule is hereby suspended,
4-18 and that this Act take effect and be in force from and after its
4-19 passage, and it is so enacted.