By Greenberg                                    H.B. No. 1248

      75R5069 MI-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to public participation in and solicitation by the Texas

 1-3     Natural Resource Conservation Commission of outside expertise in

 1-4     developing agency rules and policies.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subchapter D, Chapter 5, Water Code, is amended

 1-7     by adding Section 5.123 to read as follows:

 1-8           Sec. 5.123.  PUBLIC PARTICIPATION; OUTSIDE EXPERTISE.  (a)

 1-9     The commission shall encourage input in all decisions on the

1-10     adoption of commission rules and the establishment of commission

1-11     policies by assuring full compliance with Article 6252-33, Revised

1-12     Statutes.

1-13           (b)  The commission may seek advice of any person outside the

1-14     employment of the state or federal government on any commission

1-15     decision.  The commission shall make reasonable efforts to obtain

1-16     advice from a broad range of perspectives.

1-17           (c)  For purposes of implementing Article 6252-33, Revised

1-18     Statutes, the commission may not create ad hoc committees for

1-19     seeking advice without complying fully with Sections 2-6 of that

1-20     article.

1-21           (d)  A commission rule adopted after September 1, 1997, may

1-22     be declared invalid under Section 2001.038, Government Code, if a

1-23     court determines that the rule was prepared with the assistance of

1-24     an advisory committee that does not comply with Article 6252-33,

 2-1     Revised Statutes.

 2-2           SECTION 2.  The importance of this legislation and the

 2-3     crowded condition of the calendars in both houses create an

 2-4     emergency and an imperative public necessity that the

 2-5     constitutional rule requiring bills to be read on three several

 2-6     days in each house be suspended, and this rule is hereby suspended,

 2-7     and that this Act take effect and be in force from and after its

 2-8     passage, and it is so enacted.