JBM C.S.H.B. 1248 75(R)BILL ANALYSIS


NATURAL RESOURCES
C.S.H.B. 1248
By: Greenberg
4-2-97
Committee Report (Substituted)



BACKGROUND 

In 1993, the Texas Legislature passed an advisory committee law, Article
6252-33, to assure that all Texas agencies consulted with all types of
outside interests to balance both formal and informal decision making
processes. Yet, groups brought in to consult have not adequately
represented a diversity of expertise and interests.  This bill is designed
to provide the public equal access to the process. 

PURPOSE

To ensure that the Texas Natural Resource Conservation Commission (TNRCC)
will make reasonable efforts to consult a broad range of perspectives when
seeking outside advice. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1:  Subchapter D, Chapter 5, Water Code, is amended by adding
Section 5.123 directing the TNRCC to encourage input from a broad range of
perspectives when adopting rules or policies by assuring compliance with
Article 6252-33, Revised Statutes;  provides that the TNRCC may seek
advice of any person not employed by the federal or state government on
any TNRCC decision; provides that the TNRCC may not create ad hoc
committees for seeking advice without fully complying with Sections 2 - 6
of Article 6252-33, Revised Statutes. 

SECTION 2:  Emergency clause. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

The committee substitute deletes proposed Section 5.123(d) in Section 1 of
the original, which provided that a commission rule adopted after
September 1, 1997, may be declared invalid under Section 2001.038,
Government Code, if a court determines that the rule was prepared with the
assistance of an advisory committee that does not comply with Article
6252-33, Revised Statutes.