By McClendon                                            H.B. No. 37
         77R1194 MI-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the appointment of and the authority of the public
 1-3     interest counsel.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 5.272-5.275, Water Code, are amended to
 1-6     read as follows:
 1-7           Sec. 5.272.  PUBLIC INTEREST COUNSEL. (a)  The office shall
 1-8     be headed by a public interest counsel appointed by the governor
 1-9     with the advice and consent of the senate [commission].  The
1-10     executive director may submit the names and qualifications of
1-11     candidates for public interest counsel to the governor
1-12     [commission].
1-13           (b)  The counsel serves a two-year term that expires on
1-14     February 1 of each odd-numbered year.  The counsel may be
1-15     reappointed by the governor.
1-16           (c)  The counsel must be a person with demonstrated
1-17     experience in promoting the public interest and protecting the
1-18     environment.
1-19           Sec. 5.273.  DUTIES OF THE PUBLIC INTEREST COUNSEL. The
1-20     counsel shall represent the public interest and be a party to all
1-21     proceedings before the commission.  The counsel shall represent the
1-22     public interest in the development of commission rules and
1-23     policies.
1-24           Sec. 5.274.  STAFF. (a)  The office shall be adequately
 2-1     staffed to carry out its functions under this code.
 2-2           (b)  The counsel may obtain technical support from outside
 2-3     the commission if, in a proceeding before the commission or in
 2-4     commission rulemaking or policymaking, a potential conflict of
 2-5     interest exists between the counsel and the executive director.
 2-6           Sec. 5.275.  APPEAL. The counsel may initiate or intervene as
 2-7     matter of right or otherwise appear in a judicial proceeding
 2-8     arising out of a [A] ruling, decision, or other act of the
 2-9     commission [may not be appealed by the counsel].
2-10           SECTION 2.  (a)  This Act takes effect September 1, 2001.
2-11           (b)  As soon as practicable after September 1, 2001, the
2-12     governor shall appoint a person to serve as public interest
2-13     counsel.  If, immediately preceding the effective date of this Act,
2-14     a person other than the governor's appointee is serving as public
2-15     interest counsel, the person may continue to hold that position
2-16     until the governor makes the appointment under this subsection.
2-17           (c)  The term of the person appointed as provided by
2-18     Subsection (b) of this section expires on February 1, 2003.
2-19           (d)  The change in law made by Section 5.275, Water Code, as
2-20     amended by this Act, applies only to a ruling, decision, or other
2-21     act of the Texas Natural Resource Conservation Commission that is
2-22     issued, ordered, or undertaken on or after September 1, 2001.