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.