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