By Bosse, Hawley, Ritter, Gray, Eiland,                H.B. No. 906
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the continuation and functions of the Coastal
 1-3     Coordination Council.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 33.052(c), Natural Resources Code, is
 1-6     amended to read as follows:
 1-7           (c)  The council may appoint and establish procedures for an
 1-8     advisory committee to advise the council and the land office on
 1-9     coastal management issues. The advisory committee may only include
1-10     persons with expertise in coastal matters [and persons who live in
1-11     the Texas coastal area]. A member of the advisory committee serves
1-12     at the pleasure of the council. A member is not entitled to
1-13     compensation for services performed as a member of the committee
1-14     but may receive reimbursement from land office funds for actual and
1-15     necessary expenses incurred in attending meetings of the advisory
1-16     committee.
1-17           SECTION 2. Section 33.203(20), Natural Resources Code, is
1-18     amended to read as follows:
1-19                 (20)  "Council" means the Coastal Coordination
1-20     Council[, which shall consist of the commissioner, the chair of the
1-21     Parks and Wildlife Commission or a member of the commission
1-22     designated by the chair, the chair of the Texas Natural Resource
1-23     Conservation Commission or a member of the commission designated by
1-24     the chair, a member of the Railroad Commission of Texas appointed
1-25     by that commission, the chair of the Texas Water Development Board
 2-1     or a member of the board designated by the chair, the chair of the
 2-2     Texas Transportation Commission or a member of the commission
 2-3     designated by the chair, a member of the State Soil and Water
 2-4     Conservation Board appointed by that board, and one city or county
 2-5     elected  official who resides in the coastal area, one owner of a
 2-6     business located in the coastal area who resides in the coastal
 2-7     area, one resident from the coastal area, and a representative of
 2-8     agriculture, each appointed by the governor with the advice and
 2-9     consent of the senate for two-year terms. The terms of the
2-10     positions on the council held by the city or county elected
2-11     official who  resides in the coastal area and the resident from the
2-12     coastal area expire May 31 of each even-numbered year. The terms of
2-13     the positions on the council held by the owner of a business
2-14     located in the coastal area who resides in the coastal area and the
2-15     representative of agriculture expire May 31 of each odd-numbered
2-16     year].
2-17           SECTION 3. Section 33.204, Natural Resources Code, is amended
2-18     by amending Subsection (b) and adding Subsection (g) to read as
2-19     follows:
2-20           (b)  The council shall meet once in each calendar quarter and
2-21     shall set aside time at each meeting for public comment on any
2-22     issue under the jurisdiction of the council.  The commissioner is
2-23     chair of the council.  The chair or any three members of the
2-24     council may convene special meetings at other times.
2-25           (g)  The council may award grants to projects that further
2-26     the goals and policies of the council.  The council shall establish
2-27     the procedures for making any determination related to awarding a
 3-1     grant.
 3-2           SECTION 4. Subchapter F, Chapter 33, Natural Resources Code,
 3-3     is amended by adding Sections 33.2041, 33.2042, 33.2043, 33.2044,
 3-4     and 33.2045 to read as follows:
 3-5           Sec. 33.2041.  COMPOSITION OF COUNCIL; TERMS. (a)  The
 3-6     council shall consist of:
 3-7                 (1)  the following ex officio members:
 3-8                       (A)  the commissioner;
 3-9                       (B)  the presiding officer of the Parks and
3-10     Wildlife Commission or a member of the commission designated by the
3-11     presiding officer;
3-12                       (C)  the presiding officer of the Texas Natural
3-13     Resource Conservation Commission or a member of the commission
3-14     designated by the presiding officer;
3-15                       (D)  a member of the Railroad Commission of Texas
3-16     appointed by that commission;
3-17                       (E)  the presiding officer of the Texas Water
3-18     Development Board or a member of the board designated by the
3-19     presiding officer;
3-20                       (F)  the presiding officer of the Texas
3-21     Transportation Commission or a member of the commission designated
3-22     by the presiding officer;
3-23                       (G)  a member of the State Soil and Water
3-24     Conservation Board appointed by that board; and
3-25                       (H)  the director of the Texas A&M University Sea
3-26     Grant Program to serve as a nonvoting member; and
3-27                 (2)  the following members to be appointed by the
 4-1     governor with the advice and consent of the senate to serve a
 4-2     two-year term:
 4-3                       (A)  a city or county elected official who
 4-4     resides in the coastal area;
 4-5                       (B)  an owner of a business located in the
 4-6     coastal area who resides in the coastal area;
 4-7                       (C)  a resident from the coastal area; and
 4-8                       (D)  a representative of agriculture.
 4-9           (b)  The terms of the positions on the council held by the
4-10     city or county elected official who resides in the coastal area and
4-11     the resident from the coastal area expire May 31 of each
4-12     even-numbered year. The terms of the positions on the council held
4-13     by the owner of a business located in the coastal area who resides
4-14     in the coastal area and the representative of agriculture expire
4-15     May 31 of each odd-numbered year.
4-16           (c)  Appointments to the council shall be made without regard
4-17     to the race, color, disability, sex, religion, age, or national
4-18     origin of the appointees.
4-19           Sec. 33.2042. ELIGIBILITY OF COUNCIL MEMBERS. (a)  In this
4-20     section, "Texas trade association" means a  cooperative and
4-21     voluntarily joined association of business or professional
4-22     competitors in this state designed to assist its members and its
4-23     industry or profession in dealing with mutual business or
4-24     professional problems and in promoting their common interest.
4-25           (b)  A person may not be a public member of the council if:
4-26                 (1)  the person is an officer, employee, or paid
4-27     consultant of a Texas trade association in a field directly related
 5-1     to the operations of the council; or
 5-2                 (2)  the person's spouse is an officer, manager, or
 5-3     paid consultant of a Texas trade association in a field directly
 5-4     related to the operations of the council.
 5-5           (c)  A person may not be a member of the council or act as
 5-6     the general counsel to the council if the person is required to
 5-7     register as a lobbyist under Chapter 305, Government Code, because
 5-8     of the person's activities for compensation on behalf of a
 5-9     profession related to the operation of the council.
5-10           Sec. 33.2043.  GROUNDS FOR REMOVAL. (a)  It is a ground for
5-11     removal from the council that a member:
5-12                 (1)  does not have at the time of taking office the
5-13     qualifications required by Section 33.2041;
5-14                 (2)  does not maintain during service on the council
5-15     the qualifications required by Section 33.2041;
5-16                 (3)  is ineligible for membership under Section
5-17     33.2042(b) or (c);
5-18                 (4)  cannot, because of illness or disability,
5-19     discharge the member's duties for a substantial part of the
5-20     member's term; or
5-21                 (5)  is absent from more than half of the regularly
5-22     scheduled council meetings that the member is eligible to attend
5-23     during a calendar year without an excuse approved by a majority
5-24     vote of the council.
5-25           (b)  The validity of an action of the council is not affected
5-26     by the fact that it is taken when a ground for removal of a council
5-27     member exists.
 6-1           (c)  If the council chair has knowledge that a potential
 6-2     ground for removal exists, the council chair shall notify the
 6-3     appointing authority and the attorney general that a potential
 6-4     ground for removal exists.
 6-5           Sec. 33.2044.  STANDARDS OF CONDUCT. The council chair or the
 6-6     council chair's designee shall provide to members of the council,
 6-7     as often as necessary, information regarding the requirements for
 6-8     office under this chapter, including information regarding a
 6-9     person's responsibilities under applicable laws relating to
6-10     standards of conduct for state officers.
6-11           Sec. 33.2045.  TRAINING. (a)  A person who is appointed to
6-12     and qualifies for office as a member of the council may not vote,
6-13     deliberate, or be counted as a member in attendance at a meeting of
6-14     the council until the person completes a training program that
6-15     complies with this section.
6-16           (b)  The training program must provide the person with
6-17     information regarding:
6-18                 (1)  the legislation that created the council;
6-19                 (2)  the programs operated by the council;
6-20                 (3)  the role and functions of the council;
6-21                 (4)  the rules of the council with an emphasis on the
6-22     rules that relate to disciplinary and investigatory authority;
6-23                 (5)  the current budget for the council;
6-24                 (6)  the results of the most recent formal audit of the
6-25     council;
6-26                 (7)  the requirements of:
6-27                       (A)  the open meetings law, Chapter 551,
 7-1     Government Code;
 7-2                       (B)  the public information law, Chapter 552,
 7-3     Government Code;
 7-4                       (C)  the administrative procedure law, Chapter
 7-5     2001, Government Code; and
 7-6                       (D)  other laws relating to public officials,
 7-7     including conflict of interest laws; and
 7-8                 (8)  any applicable ethics policies adopted by the
 7-9     council or the Texas Ethics Commission.
7-10           (c)  A person appointed to the council is entitled to
7-11     reimbursement, as provided by the General Appropriations Act, for
7-12     the travel expenses incurred in attending the training program
7-13     regardless of whether the attendance at the program occurs before
7-14     or after the person qualifies for office.
7-15           SECTION 5. Section 33.205(c), Natural Resources Code, is
7-16     amended to read as follows:
7-17           (c)  The council may not review a proposed action subject to
7-18     the requirements of Subsections (a)  and (b) of this section for
7-19     consistency with the goals and policies of the coastal management
7-20     program unless:
7-21                 (1)  the consistency determination for the proposed
7-22     action was contested by:
7-23                       (A)  a council member or an agency that was a
7-24     party in a formal hearing under Chapter 2001, Government Code, or
7-25     in an alternative dispute resolution process; or
7-26                       (B)  a council member or other person by the
7-27     filing of written comments with the agency before the action was
 8-1     proposed if the proposed action is one for which a formal hearing
 8-2     under Chapter 2001, Government Code, is not available;
 8-3                 (2)  a person described by Subdivision (1) of this
 8-4     subsection files a request for referral alleging a significant
 8-5     unresolved dispute regarding the proposed action's consistency with
 8-6     the goals and policies of the coastal management program; and
 8-7                 (3)  any member [three regular members] of the council
 8-8     other than the director of the Texas A&M University Sea Grant
 8-9     Program agrees [agree] that there is a significant unresolved
8-10     dispute regarding the proposed action's consistency with the goals
8-11     and policies of the coastal management program and the matter is
8-12     placed on the agenda for a council meeting.
8-13           SECTION 6. Section 33.207, Natural Resources Code, is amended
8-14     to read as follows:
8-15           Sec. 33.207.  COUNCIL RECOMMENDATIONS. In addition to the
8-16     report required by Section 33.206, the council:
8-17                 (1)  may periodically submit recommendations to an
8-18     agency or subdivision designed to encourage the agency or
8-19     subdivision to carry out its functions in a manner consistent with
8-20     the coastal management program, including recommendations for
8-21     methods to simplify governmental procedures and changes in
8-22     applicable rules or statutes; and
8-23                 (2)  shall report to the legislature on:
8-24                       (A)  recommended statutory changes needed to make
8-25     more effective and efficient use of public funds and provide for
8-26     more effective and efficient management of coastal natural resource
8-27     areas, including recommendations on methods to simplify
 9-1     governmental procedures; [and]
 9-2                       (B)  agency or subdivision actions that are not
 9-3     consistent with the coastal management program; and
 9-4                       (C)  population growth of, infrastructure needs
 9-5     of, and use of resources on the coast.
 9-6           SECTION 7. Section 33.211, Natural Resources Code, is amended
 9-7     to read as follows:
 9-8           Sec. 33.211.  SUNSET PROVISION. The Coastal Coordination
 9-9     Council is subject to Chapter 325, Government Code (Texas Sunset
9-10     Act). Unless continued in existence as provided by that chapter,
9-11     the council is abolished and this subchapter expires September 1,
9-12     2013 [2001].
9-13           SECTION 8. Subchapter F, Chapter 33, Natural Resources Code,
9-14     is amended by adding Section 33.212 to read as follows:
9-15           Sec. 33.212.  COMPLAINTS. (a)  The council shall maintain a
9-16     file on each written complaint filed with the council.  The file
9-17     must include:
9-18                 (1)  the name of the person who filed the complaint;
9-19                 (2)  the date the complaint is received by the council;
9-20                 (3)  the subject matter of the complaint;
9-21                 (4)  the name of each person contacted in relation to
9-22     the complaint;
9-23                 (5)  a summary of the results of the review or
9-24     investigation of the complaint; and
9-25                 (6)  an explanation of the reason the file was closed,
9-26     if the council closed the file without taking action other than to
9-27     investigate the complaint.
 10-1          (b)  The council shall provide to the person filing the
 10-2    complaint and to each person who is a subject of the complaint a
 10-3    copy of the council's policies and procedures relating to complaint
 10-4    investigation and resolution.
 10-5          (c)  The council, at least quarterly until final disposition
 10-6    of the complaint, shall notify the person filing the complaint and
 10-7    each person who is a subject of the complaint of the status of the
 10-8    investigation unless the notice would jeopardize an undercover
 10-9    investigation.
10-10          SECTION 9. The changes in law made by this Act in the
10-11    qualifications of, and the prohibitions applying to, members of the
10-12    Coastal Coordination Council and the council's advisory committee
10-13    do not affect the entitlement of a member serving on the council or
10-14    the advisory committee immediately before September 1, 2001, to
10-15    continue to carry out the functions of the council or the advisory
10-16    committee for the remainder of the member's term. The changes in
10-17    law apply only to a member appointed on or after September 1, 2001.
10-18    This Act does not prohibit a person who is a member of the council
10-19    or the advisory committee on September 1, 2001, from being
10-20    reappointed to the council or the advisory committee if the person
10-21    has the qualifications required for a member under Chapter 33,
10-22    Natural Resources Code, as amended by this Act.
10-23          SECTION 10. This Act takes effect September 1, 2001.