Floor Packet Page No. 24
Amend CSHB 2912 (House Committee Printing) as follows:
(1) On page 19, strike lines 9 through 20, and substitute
the following:
SECTION 1.20. Subchapter G, Chapter 5, Water Code, is
amended to read as follows:
SUBCHAPTER G. OFFICE OF NATURAL RESOURCE PUBLIC
INTEREST COUNSEL
Sec. 5.271. DEFINITIONS. In this subchapter:
(1) "Counsel" means the natural resource public
interest counsel.
(2) "Office" means the Office of Natural Resource
Public Interest Counsel.
(3) "Public interest" includes:
(A) any environmental, consumer, or community
interest; and
(B) any right or privilege that promotes:
(i) public health;
(ii) environmental quality;
(iii) preservation of property or property
rights; or
(iv) conservation or judicious use of the
state's natural resources.
Sec. 5.272. CREATION AND GENERAL RESPONSIBILITY OF OFFICE OF
NATURAL RESOURCE PUBLIC INTEREST COUNSEL. The Office of Natural
Resource Public Interest Counsel is created to ensure that the
public interest is represented in all matters before the
commission.
Sec. 5.273. NATURAL RESOURCE PUBLIC INTEREST COUNSEL. (a)
The governor with the advice and consent of the senate shall
appoint a natural resource public interest counsel to serve as the
executive director of the office.
(b) To be eligible to serve as counsel, a person must:
(1) be eligible to practice law in the state;
(2) have demonstrated a strong commitment to and
involvement in environmental quality and consumer protection
efforts; and
(3) have the knowledge and experience necessary to
practice effectively in proceedings before the commission and in
court.
(c) The counsel serves a two-year term that expires February
1 of each odd-numbered year.
(d) The counsel may serve on a board, committee, or advisory
group unless prohibited by law.
Sec. 5.274. POWERS AND DUTIES OF COUNSEL AND COMMISSION.
(a) The counsel may represent the public interest in any issue
that arises in a proceeding before the commission. The counsel is
entitled to be admitted as a party to any proceeding before the
commission.
(b) The counsel shall:
(1) implement this subchapter;
(2) administer the office;
(3) prepare and submit to the legislature a budget for
the office;
(4) employ or contract with all professional,
technical, and other personnel necessary to carry out this
subchapter; and
(5) ensure that the office does not expend resources
in proceedings in which the public interest is otherwise adequately
represented.
(c) The counsel is responsible for approving actual and
necessary expenditures incurred in administering the office,
including expenses for professional services, travel, and per diem
payments.
(d) The counsel may:
(1) recommend to the legislature legislation that in
the counsel's judgment would protect consumers, public health, or
the environment; or
(2) recommend to the commission rules or amendments to
rules that in the counsel's judgment would protect consumers,
public health, or the environment.
(e) The counsel shall participate in a meeting of any of the
commission's advisory committees when necessary to ensure that the
committee considers the public interest perspective.
(f) The commission shall provide the counsel a copy of each
notice related to a matter under the jurisdiction of the commission
that is required by statute or commission rule to be mailed,
published, or posted in any manner by the commission or another
person.
(g) The commission shall give the office access to the
commission's technical staff and resources to assist the counsel in
a proceeding before the commission. The commission is not required
to give the office access to a technical staff member if the staff
member is expected to participate in the proceeding on the
commission's behalf.
Sec. 5.275. REPRESENTATION BY FORMER COUNSEL; PENALTY.
(a) A former counsel may not make any communication to or
appearance before the commission or an officer or employee of the
commission before the second anniversary of the date the person
ceases to serve as counsel if the communication or appearance is
made:
(1) on behalf of another person in connection with any
matter on which the person seeks official action; or
(2) with the intent to influence a commission decision
or action.
(b) A former counsel may not represent any person or receive
compensation for services rendered on behalf of any person
regarding a matter before the commission before the second
anniversary of the date the person ceases to serve as counsel.
(c) A person commits an offense if the person violates this
section. An offense under this subsection is a Class A
misdemeanor.
Sec. 5.276. JUDICIAL REVIEW AND APPEAL. The counsel may
appeal on behalf of the public an action taken by the commission in
a proceeding in which the counsel participated. The counsel may
intervene as a matter of right or appear in any other appropriate
capacity in a judicial proceeding that arises out of a commission
proceeding in which the counsel participated.
<Sec. 5.271. CREATION AND GENERAL RESPONSIBILITY OF THE
OFFICE OF PUBLIC INTEREST COUNSEL. The office of public interest
counsel is created to ensure that the commission promotes the
public's interest and is responsive to environmental and citizens'
concerns including environmental quality and consumer protection.>
<Sec. 5.272. PUBLIC INTEREST COUNSEL. The office shall be
headed by a public interest counsel appointed by the commission.
The executive director may submit the names and qualifications of
candidates for public interest counsel to the commission.>
<Sec. 5.273. DUTIES OF THE PUBLIC INTEREST COUNSEL. The
counsel shall represent the public interest and be a party to all
proceedings before the commission.>
<Sec. 5.274. STAFF. The office shall be adequately staffed
to carry out its functions under this code.>
<Sec. 5.275. APPEAL. A ruling, decision, or other act of the
commission may not be appealed by the counsel.>
(2) On page 114, between lines 17 and 18, insert the
following section to the bill and renumber the subsequent section
of the bill appropriately:
SECTION 10.12. CREATION OF OFFICE OF NATURAL RESOURCE PUBLIC
INTEREST COUNSEL. (a) On January 1, 2002, all personnel, office
space, facilities, equipment, information, records, case files, and
other possessions of the office of public interest counsel of the
Texas Natural Resource Conservation Commission are transferred to
the Office of Natural Resource Public Interest Counsel created by
this Act.
(b) On January 1, 2002, all unexpended and unobligated money
appropriated to the Texas Natural Resource Conservation Commission
for the fiscal biennium ending August 31, 2003, for use for the
functions of the commission's office of public interest counsel is
transferred to the Office of Natural Resource Public Interest
Counsel created by this Act for use for the functions of that
office.
(c) The Legislative Budget Board shall identify and inform
the comptroller about the amount and source of money transferred
under this section.
(d) The public interest counsel of the Texas Natural
Resource Conservation Commission's office of public interest
counsel shall serve as the natural resource public interest counsel
of the Office of Natural Resource Public Interest Counsel from
January 1, 2002, until the natural resource public interest counsel
for the office is appointed and has qualified.
(e) The governor shall appoint a natural resource public
interest counsel of the Office of Natural Resource Public Interest
Counsel on or before February 1, 2003.
(f) The first budget proposed for the Office of Natural
Resource Public Interest Counsel under Section 5.274, Water Code,
as added by this Act, may not exceed the amount expended by the
Texas Natural Resource Conservation Commission's office of public
interest counsel in the previous fiscal biennium.
(g) Section 1.20 of this Act takes effect January 1, 2002.