By Puente H.B. No. 1132
75R4227 JJT-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to creating the Office of Natural Resource Public Interest
1-3 Counsel; creating a criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter G, Chapter 5, Water Code, is amended
1-6 to read as follows:
1-7 SUBCHAPTER G. OFFICE OF NATURAL RESOURCE PUBLIC
1-8 INTEREST COUNSEL
1-9 Sec. 5.271. DEFINITIONS. In this subchapter:
1-10 (1) "Counsel" means the natural resource public
1-11 interest counsel.
1-12 (2) "Office" means the Office of Natural Resource
1-13 Public Interest Counsel.
1-14 Sec. 5.272. CREATION AND GENERAL RESPONSIBILITY OF OFFICE OF
1-15 NATURAL RESOURCE PUBLIC INTEREST COUNSEL. The Office of Natural
1-16 Resource Public Interest Counsel is created to ensure that the
1-17 public interest in environmental quality and consumer protection is
1-18 represented in all matters before the commission.
1-19 Sec. 5.273. NATURAL RESOURCE PUBLIC INTEREST COUNSEL. (a)
1-20 The governor with the advice and consent of the senate shall
1-21 appoint a natural resource public interest counsel to serve as the
1-22 executive director of the office.
1-23 (b) To be eligible to serve as counsel, a person must:
1-24 (1) be eligible to practice law in the state;
2-1 (2) have demonstrated a strong commitment to and
2-2 involvement in environmental quality and consumer protection
2-3 efforts; and
2-4 (3) have the knowledge and experience necessary to
2-5 practice effectively in proceedings before the commission and in
2-6 court.
2-7 (c) The counsel serves a two-year term that expires February
2-8 1 of each odd-numbered year.
2-9 (d) The counsel may serve on a board, committee, or advisory
2-10 group unless prohibited by law.
2-11 Sec. 5.274. POWERS AND DUTIES OF COUNSEL AND COMMISSION.
2-12 (a) The counsel may represent the public interest in any
2-13 environmental quality or consumer protection issue that arises in a
2-14 proceeding before the commission. The counsel is entitled to be
2-15 admitted as a party to any proceeding before the commission.
2-16 (b) The counsel shall:
2-17 (1) implement this subchapter;
2-18 (2) administer the office;
2-19 (3) prepare and submit to the legislature a budget for
2-20 the office; and
2-21 (4) hire and maintain all professional, technical, and
2-22 other employees necessary to carry out this subchapter.
2-23 (c) The counsel is responsible for approving actual and
2-24 necessary expenditures incurred in administering the office,
2-25 including expenses for professional services, travel, and per diem
2-26 payments.
2-27 (d) The counsel may:
3-1 (1) recommend to the legislature legislation that in
3-2 the counsel's judgment would protect consumers, public health, or
3-3 the environment; or
3-4 (2) recommend to the commission rules or amendments to
3-5 rules that in the counsel's judgment would protect consumers,
3-6 public health, or the environment.
3-7 (e) The counsel shall participate in a meeting of any of the
3-8 commission's advisory committees when necessary to ensure that the
3-9 committee considers the public interest perspective.
3-10 (f) The commission shall provide the counsel a copy of each
3-11 notice related to a matter under the jurisdiction of the commission
3-12 that is required by statute or commission rule to be mailed,
3-13 published, or posted in any manner by the commission or another
3-14 person.
3-15 Sec. 5.275. REPRESENTATION BY FORMER COUNSEL; PENALTY.
3-16 (a) A former counsel may not make any communication to or
3-17 appearance before the commission or an officer or employee of the
3-18 commission before the second anniversary of the date the person
3-19 ceases to serve as counsel if the communication or appearance is
3-20 made:
3-21 (1) on behalf of another person in connection with any
3-22 matter on which the person seeks official action; or
3-23 (2) with the intent to influence a commission decision
3-24 or action.
3-25 (b) A former counsel may not represent any person or receive
3-26 compensation for services rendered on behalf of any person
3-27 regarding a matter before the commission before the second
4-1 anniversary of the date the person ceases to serve as counsel.
4-2 (c) A person commits an offense if the person violates this
4-3 section. An offense under this subsection is a Class A
4-4 misdemeanor.
4-5 Sec. 5.276. JUDICIAL REVIEW AND APPEAL. The counsel may
4-6 appeal on behalf of the public an action taken by the commission in
4-7 a proceeding in which the counsel participated. The counsel may
4-8 intervene as a matter of right or appear in any other appropriate
4-9 capacity in a judicial proceeding that arises out of a commission
4-10 proceeding in which the counsel participated.
4-11 [Sec. 5.271. CREATION AND GENERAL RESPONSIBILITY OF THE
4-12 OFFICE OF PUBLIC INTEREST COUNSEL. The office of public interest
4-13 counsel is created to ensure that the commission promotes the
4-14 public's interest and is responsive to environmental and citizens'
4-15 concerns including environmental quality and consumer protection.]
4-16 [Sec. 5.272. PUBLIC INTEREST COUNSEL. The office shall be
4-17 headed by a public interest counsel appointed by the commission.
4-18 The executive director may submit the names and qualifications of
4-19 candidates for public interest counsel to the commission.]
4-20 [Sec. 5.273. DUTIES OF THE PUBLIC INTEREST COUNSEL. The
4-21 counsel shall represent the public interest and be a party to all
4-22 proceedings before the commission.]
4-23 [Sec. 5.274. STAFF. The office shall be adequately staffed
4-24 to carry out its functions under this code.]
4-25 [Sec. 5.275. APPEAL. A ruling, decision, or other act of
4-26 the commission may not be appealed by the counsel.]
4-27 SECTION 2. (a) On January 1, 1998, all personnel, office
5-1 space, facilities, equipment, information, records, case files, and
5-2 other possessions of the office of public interest counsel of the
5-3 Texas Natural Resource Conservation Commission are transferred to
5-4 the Office of Natural Resource Public Interest Counsel created by
5-5 this Act.
5-6 (b) On January 1, 1998, all unexpended and unobligated money
5-7 appropriated to the Texas Natural Resource Conservation Commission
5-8 for the fiscal biennium ending August 31, 1999, for use for the
5-9 functions of the commission's office of public interest counsel is
5-10 transferred to the Office of Natural Resource Public Interest
5-11 Counsel created by this Act for use for the functions of that
5-12 office.
5-13 (c) The Legislative Budget Board shall identify and inform
5-14 the comptroller about the amount and source of money transferred
5-15 under this section.
5-16 SECTION 3. (a) The public interest counsel of the Texas
5-17 Natural Resource Conservation Commission's office of public
5-18 interest counsel shall serve as the natural resource public
5-19 interest counsel of the Office of Natural Resource Public Interest
5-20 Counsel from January 1, 1998, to February 1, 1999, and until the
5-21 natural resource public interest counsel for the office is
5-22 appointed and has qualified.
5-23 (b) The governor shall appoint a natural resource public
5-24 interest counsel of the Office of Natural Resource Public Interest
5-25 Counsel on or before February 1, 1999.
5-26 SECTION 4. This Act takes effect January 1, 1998.
5-27 SECTION 5. The importance of this legislation and the
6-1 crowded condition of the calendars in both houses create an
6-2 emergency and an imperative public necessity that the
6-3 constitutional rule requiring bills to be read on three several
6-4 days in each house be suspended, and this rule is hereby suspended.