By Puente H.B. No. 616
77R3142 SMH-D
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 (3) "Public interest" includes:
1-15 (A) any environmental, consumer, or community
1-16 interest; and
1-17 (B) any right or privilege that promotes:
1-18 (i) public health;
1-19 (ii) environmental quality;
1-20 (iii) preservation of property or property
1-21 rights; or
1-22 (iv) conservation or judicious use of the
1-23 state's natural resources.
1-24 Sec. 5.272. CREATION AND GENERAL RESPONSIBILITY OF OFFICE OF
2-1 NATURAL RESOURCE PUBLIC INTEREST COUNSEL. The Office of Natural
2-2 Resource Public Interest Counsel is created to ensure that the
2-3 public interest is represented in all matters before the
2-4 commission.
2-5 Sec. 5.273. NATURAL RESOURCE PUBLIC INTEREST COUNSEL. (a)
2-6 The governor with the advice and consent of the senate shall
2-7 appoint a natural resource public interest counsel to serve as the
2-8 executive director of the office.
2-9 (b) To be eligible to serve as counsel, a person must:
2-10 (1) be eligible to practice law in the state;
2-11 (2) have demonstrated a strong commitment to and
2-12 involvement in environmental quality and consumer protection
2-13 efforts; and
2-14 (3) have the knowledge and experience necessary to
2-15 practice effectively in proceedings before the commission and in
2-16 court.
2-17 (c) The counsel serves a two-year term that expires February
2-18 1 of each odd-numbered year.
2-19 (d) The counsel may serve on a board, committee, or advisory
2-20 group unless prohibited by law.
2-21 Sec. 5.274. POWERS AND DUTIES OF COUNSEL AND COMMISSION.
2-22 (a) The counsel may represent the public interest in any issue
2-23 that arises in a proceeding before the commission. The counsel is
2-24 entitled to be admitted as a party to any proceeding before the
2-25 commission.
2-26 (b) The counsel shall:
2-27 (1) implement this subchapter;
3-1 (2) administer the office;
3-2 (3) prepare and submit to the legislature a budget for
3-3 the office;
3-4 (4) employ or contract with all professional,
3-5 technical, and other personnel necessary to carry out this
3-6 subchapter; and
3-7 (5) ensure that the office does not expend resources
3-8 in proceedings in which the public interest is otherwise adequately
3-9 represented.
3-10 (c) The counsel is responsible for approving actual and
3-11 necessary expenditures incurred in administering the office,
3-12 including expenses for professional services, travel, and per diem
3-13 payments.
3-14 (d) The counsel may:
3-15 (1) recommend to the legislature legislation that in
3-16 the counsel's judgment would protect consumers, public health, or
3-17 the environment; or
3-18 (2) recommend to the commission rules or amendments to
3-19 rules that in the counsel's judgment would protect consumers,
3-20 public health, or the environment.
3-21 (e) The counsel shall participate in a meeting of any of the
3-22 commission's advisory committees when necessary to ensure that the
3-23 committee considers the public interest perspective.
3-24 (f) The commission shall provide the counsel a copy of each
3-25 notice related to a matter under the jurisdiction of the commission
3-26 that is required by statute or commission rule to be mailed,
3-27 published, or posted in any manner by the commission or another
4-1 person.
4-2 (g) The commission shall give the office access to the
4-3 commission's technical staff and resources to assist the counsel in
4-4 a proceeding before the commission. The commission is not required
4-5 to give the office access to a technical staff member if the staff
4-6 member is expected to participate in the proceeding on the
4-7 commission's behalf.
4-8 Sec. 5.275. REPRESENTATION BY FORMER COUNSEL; PENALTY.
4-9 (a) A former counsel may not make any communication to or
4-10 appearance before the commission or an officer or employee of the
4-11 commission before the second anniversary of the date the person
4-12 ceases to serve as counsel if the communication or appearance is
4-13 made:
4-14 (1) on behalf of another person in connection with any
4-15 matter on which the person seeks official action; or
4-16 (2) with the intent to influence a commission decision
4-17 or action.
4-18 (b) A former counsel may not represent any person or receive
4-19 compensation for services rendered on behalf of any person
4-20 regarding a matter before the commission before the second
4-21 anniversary of the date the person ceases to serve as counsel.
4-22 (c) A person commits an offense if the person violates this
4-23 section. An offense under this subsection is a Class A
4-24 misdemeanor.
4-25 Sec. 5.276. JUDICIAL REVIEW AND APPEAL. The counsel may
4-26 appeal on behalf of the public an action taken by the commission in
4-27 a proceeding in which the counsel participated. The counsel may
5-1 intervene as a matter of right or appear in any other appropriate
5-2 capacity in a judicial proceeding that arises out of a commission
5-3 proceeding in which the counsel participated.
5-4 [Sec. 5.271. CREATION AND GENERAL RESPONSIBILITY OF THE
5-5 OFFICE OF PUBLIC INTEREST COUNSEL. The office of public interest
5-6 counsel is created to ensure that the commission promotes the
5-7 public's interest and is responsive to environmental and citizens'
5-8 concerns including environmental quality and consumer protection.]
5-9 [Sec. 5.272. PUBLIC INTEREST COUNSEL. The office shall be
5-10 headed by a public interest counsel appointed by the commission.
5-11 The executive director may submit the names and qualifications of
5-12 candidates for public interest counsel to the commission.]
5-13 [Sec. 5.273. DUTIES OF THE PUBLIC INTEREST COUNSEL. The
5-14 counsel shall represent the public interest and be a party to all
5-15 proceedings before the commission.]
5-16 [Sec. 5.274. STAFF. The office shall be adequately staffed
5-17 to carry out its functions under this code.]
5-18 [Sec. 5.275. APPEAL. A ruling, decision, or other act of the
5-19 commission may not be appealed by the counsel.]
5-20 SECTION 2. (a) On January 1, 2002, all personnel, office
5-21 space, facilities, equipment, information, records, case files, and
5-22 other possessions of the office of public interest counsel of the
5-23 Texas Natural Resource Conservation Commission are transferred to
5-24 the Office of Natural Resource Public Interest Counsel created by
5-25 this Act.
5-26 (b) On January 1, 2002, all unexpended and unobligated money
5-27 appropriated to the Texas Natural Resource Conservation Commission
6-1 for the fiscal biennium ending August 31, 2003, for use for the
6-2 functions of the commission's office of public interest counsel is
6-3 transferred to the Office of Natural Resource Public Interest
6-4 Counsel created by this Act for use for the functions of that
6-5 office.
6-6 (c) The Legislative Budget Board shall identify and inform
6-7 the comptroller about the amount and source of money transferred
6-8 under this section.
6-9 SECTION 3. (a) The public interest counsel of the Texas
6-10 Natural Resource Conservation Commission's office of public
6-11 interest counsel shall serve as the natural resource public
6-12 interest counsel of the Office of Natural Resource Public Interest
6-13 Counsel from January 1, 2002, until the natural resource public
6-14 interest counsel for the office is appointed and has qualified.
6-15 (b) The governor shall appoint a natural resource public
6-16 interest counsel of the Office of Natural Resource Public Interest
6-17 Counsel on or before February 1, 2003.
6-18 (c) The first budget proposed for the Office of Natural
6-19 Resource Public Interest Counsel under Section 5.274, Water Code,
6-20 as added by this Act, may not exceed the amount expended by the
6-21 Texas Natural Resource Conservation Commission's office of public
6-22 interest counsel in the previous fiscal biennium.
6-23 SECTION 4. This Act takes effect January 1, 2002.