SRC-JRN S.B. 1223 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1223
By: Brown
Natural Resources
4-15-97
As Filed


DIGEST 

Currently, state law establishes certain provisions relating to the
delegation of duties of the Texas Natural Resource Conservation Commission
(TNRCC) and its executive director.  It is unclear when an appeal is
necessary to be made to the commissioner or the director of TNRCC and
whether an executive director can delegate certain authority to staff.
This bill authorizes TNRCC to remove some decisions of the executive
director from TNRCC review, and render those decisions final and
appealable to district court; this bill also clarifies that the executive
director may delegate authority to staff. 

PURPOSE

As proposed, S.B. 1223 authorizes the Texas Natural Resource Conservation
Commission (TNRCC) to remove some decisions of the executive director from
TNRCC review, and render those decisions final and appealable to district
court; and clarifies that the executive director may delegate authority to
staff. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 5.122(b) and (c), Water Code, to authorize a
person affected by certain executive director actions to appeal the action
unless the action is a decision regarding a federal operating permit under
Chapter 382C, Health and Safety Code, rather than Sections 382.051 through
382.055.  Provides that an action may be appealed unless the action is
specified as final and appealable by the Texas Natural Resource
Conservation Commission rule that delegates the decision to the executive
director.  Makes a conforming change. 

SECTION 2. Amends Chapter 5F, Water Code, by adding Section 5.238, as
follows: 

Sec. 5.238.  DELEGATION OF EXECUTIVE DIRECTOR'S AUTHORITY OR DUTY.
Authorizes the executive director to delegate to the executive director's
staff any authority or duty assigned to the executive director unless the
statute, rule, or order assigning or delegating the authority or duty
specifies otherwise. 

SECTION 3. Emergency clause.
  Effective date: upon passage.