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.