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.