1-1 By: Bosse, et al. (Senate Sponsor - Lucio) H.B. No. 906
1-2 (In the Senate - Received from the House April 4, 2001;
1-3 April 5, 2001, read first time and referred to Committee on Natural
1-4 Resources; April 19, 2001, reported favorably, as amended, by the
1-5 following vote: Yeas 5, Nays 0; April 19, 2001, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Lucio
1-7 Amend H.B. No. 906 as follows:
1-8 In SECTION 5, Subsection (3) (House Engrossment page 4, lines 6-8)
1-9 strike "member [three regular members] of the council other than
1-10 the director of the Texas A&M University Sea Grant Program agrees
1-11 [agree]" and substitute "three members of the council other than
1-12 the director of the Texas A&M University Sea Grant Program agree".
1-13 A BILL TO BE ENTITLED
1-14 AN ACT
1-15 relating to the continuation and functions of the Coastal
1-16 Coordination Council.
1-17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-18 SECTION 1. Section 33.052(c), Natural Resources Code, is
1-19 amended to read as follows:
1-20 (c) The council may appoint and establish procedures for an
1-21 advisory committee to advise the council and the land office on
1-22 coastal management issues. The advisory committee may only include
1-23 persons with expertise in coastal matters [and persons who live in
1-24 the Texas coastal area]. A member of the advisory committee serves
1-25 at the pleasure of the council. A member is not entitled to
1-26 compensation for services performed as a member of the committee
1-27 but may receive reimbursement from land office funds for actual and
1-28 necessary expenses incurred in attending meetings of the advisory
1-29 committee.
1-30 SECTION 2. Section 33.203(20), Natural Resources Code, is
1-31 amended to read as follows:
1-32 (20) "Council" means the Coastal Coordination
1-33 Council[, which shall consist of the commissioner, the chair of the
1-34 Parks and Wildlife Commission or a member of the commission
1-35 designated by the chair, the chair of the Texas Natural Resource
1-36 Conservation Commission or a member of the commission designated by
1-37 the chair, a member of the Railroad Commission of Texas appointed
1-38 by that commission, the chair of the Texas Water Development Board
1-39 or a member of the board designated by the chair, the chair of the
1-40 Texas Transportation Commission or a member of the commission
1-41 designated by the chair, a member of the State Soil and Water
1-42 Conservation Board appointed by that board, and one city or county
1-43 elected official who resides in the coastal area, one owner of a
1-44 business located in the coastal area who resides in the coastal
1-45 area, one resident from the coastal area, and a representative of
1-46 agriculture, each appointed by the governor with the advice and
1-47 consent of the senate for two-year terms. The terms of the
1-48 positions on the council held by the city or county elected
1-49 official who resides in the coastal area and the resident from the
1-50 coastal area expire May 31 of each even-numbered year. The terms of
1-51 the positions on the council held by the owner of a business
1-52 located in the coastal area who resides in the coastal area and the
1-53 representative of agriculture expire May 31 of each odd-numbered
1-54 year].
1-55 SECTION 3. Section 33.204, Natural Resources Code, is amended
1-56 by amending Subsection (b) and adding Subsection (g) to read as
1-57 follows:
1-58 (b) The council shall meet once in each calendar quarter and
1-59 shall set aside time at each meeting for public comment on any
1-60 issue under the jurisdiction of the council. The commissioner is
1-61 chair of the council. The chair or any three members of the
1-62 council may convene special meetings at other times.
1-63 (g) The council may award grants to projects that further
2-1 the goals and policies of the council. The council shall establish
2-2 the procedures for making any determination related to awarding a
2-3 grant.
2-4 SECTION 4. Subchapter F, Chapter 33, Natural Resources Code,
2-5 is amended by adding Sections 33.2041, 33.2042, 33.2043, 33.2044,
2-6 and 33.2045 to read as follows:
2-7 Sec. 33.2041. COMPOSITION OF COUNCIL; TERMS. (a) The
2-8 council shall consist of:
2-9 (1) the following ex officio members:
2-10 (A) the commissioner;
2-11 (B) the presiding officer of the Parks and
2-12 Wildlife Commission or a member of the commission designated by the
2-13 presiding officer;
2-14 (C) the presiding officer of the Texas Natural
2-15 Resource Conservation Commission or a member of the commission
2-16 designated by the presiding officer;
2-17 (D) a member of the Railroad Commission of Texas
2-18 appointed by that commission;
2-19 (E) the presiding officer of the Texas Water
2-20 Development Board or a member of the board designated by the
2-21 presiding officer;
2-22 (F) the presiding officer of the Texas
2-23 Transportation Commission or a member of the commission designated
2-24 by the presiding officer;
2-25 (G) a member of the State Soil and Water
2-26 Conservation Board appointed by that board; and
2-27 (H) the director of the Texas A&M University Sea
2-28 Grant Program to serve as a nonvoting member; and
2-29 (2) the following members to be appointed by the
2-30 governor with the advice and consent of the senate to serve a
2-31 two-year term:
2-32 (A) a city or county elected official who
2-33 resides in the coastal area;
2-34 (B) an owner of a business located in the
2-35 coastal area who resides in the coastal area;
2-36 (C) a resident from the coastal area; and
2-37 (D) a representative of agriculture.
2-38 (b) The terms of the positions on the council held by the
2-39 city or county elected official who resides in the coastal area and
2-40 the resident from the coastal area expire May 31 of each
2-41 even-numbered year. The terms of the positions on the council held
2-42 by the owner of a business located in the coastal area who resides
2-43 in the coastal area and the representative of agriculture expire
2-44 May 31 of each odd-numbered year.
2-45 (c) Appointments to the council shall be made without regard
2-46 to the race, color, disability, sex, religion, age, or national
2-47 origin of the appointees.
2-48 Sec. 33.2042. ELIGIBILITY OF COUNCIL MEMBERS. (a) In this
2-49 section, "Texas trade association" means a cooperative and
2-50 voluntarily joined association of business or professional
2-51 competitors in this state designed to assist its members and its
2-52 industry or profession in dealing with mutual business or
2-53 professional problems and in promoting their common interest.
2-54 (b) A person may not be a public member of the council if:
2-55 (1) the person is an officer, employee, or paid
2-56 consultant of a Texas trade association in a field directly related
2-57 to the operations of the council; or
2-58 (2) the person's spouse is an officer, manager, or
2-59 paid consultant of a Texas trade association in a field directly
2-60 related to the operations of the council.
2-61 (c) A person may not be a member of the council or act as
2-62 the general counsel to the council if the person is required to
2-63 register as a lobbyist under Chapter 305, Government Code, because
2-64 of the person's activities for compensation on behalf of a
2-65 profession related to the operation of the council.
2-66 Sec. 33.2043. GROUNDS FOR REMOVAL. (a) It is a ground for
2-67 removal from the council that a member:
2-68 (1) does not have at the time of taking office the
2-69 qualifications required by Section 33.2041;
3-1 (2) does not maintain during service on the council
3-2 the qualifications required by Section 33.2041;
3-3 (3) is ineligible for membership under Section
3-4 33.2042(b) or (c);
3-5 (4) cannot, because of illness or disability,
3-6 discharge the member's duties for a substantial part of the
3-7 member's term; or
3-8 (5) is absent from more than half of the regularly
3-9 scheduled council meetings that the member is eligible to attend
3-10 during a calendar year without an excuse approved by a majority
3-11 vote of the council.
3-12 (b) The validity of an action of the council is not affected
3-13 by the fact that it is taken when a ground for removal of a council
3-14 member exists.
3-15 (c) If the council chair has knowledge that a potential
3-16 ground for removal exists, the council chair shall notify the
3-17 appointing authority and the attorney general that a potential
3-18 ground for removal exists.
3-19 Sec. 33.2044. STANDARDS OF CONDUCT. The council chair or the
3-20 council chair's designee shall provide to members of the council,
3-21 as often as necessary, information regarding the requirements for
3-22 office under this chapter, including information regarding a
3-23 person's responsibilities under applicable laws relating to
3-24 standards of conduct for state officers.
3-25 Sec. 33.2045. TRAINING. (a) A person who is appointed to
3-26 and qualifies for office as a member of the council may not vote,
3-27 deliberate, or be counted as a member in attendance at a meeting of
3-28 the council until the person completes a training program that
3-29 complies with this section.
3-30 (b) The training program must provide the person with
3-31 information regarding:
3-32 (1) the legislation that created the council;
3-33 (2) the programs operated by the council;
3-34 (3) the role and functions of the council;
3-35 (4) the rules of the council with an emphasis on the
3-36 rules that relate to disciplinary and investigatory authority;
3-37 (5) the current budget for the council;
3-38 (6) the results of the most recent formal audit of the
3-39 council;
3-40 (7) the requirements of:
3-41 (A) the open meetings law, Chapter 551,
3-42 Government Code;
3-43 (B) the public information law, Chapter 552,
3-44 Government Code;
3-45 (C) the administrative procedure law, Chapter
3-46 2001, Government Code; and
3-47 (D) other laws relating to public officials,
3-48 including conflict of interest laws; and
3-49 (8) any applicable ethics policies adopted by the
3-50 council or the Texas Ethics Commission.
3-51 (c) A person appointed to the council is entitled to
3-52 reimbursement, as provided by the General Appropriations Act, for
3-53 the travel expenses incurred in attending the training program
3-54 regardless of whether the attendance at the program occurs before
3-55 or after the person qualifies for office.
3-56 SECTION 5. Section 33.205(c), Natural Resources Code, is
3-57 amended to read as follows:
3-58 (c) The council may not review a proposed action subject to
3-59 the requirements of Subsections (a) and (b) of this section for
3-60 consistency with the goals and policies of the coastal management
3-61 program unless:
3-62 (1) the consistency determination for the proposed
3-63 action was contested by:
3-64 (A) a council member or an agency that was a
3-65 party in a formal hearing under Chapter 2001, Government Code, or
3-66 in an alternative dispute resolution process; or
3-67 (B) a council member or other person by the
3-68 filing of written comments with the agency before the action was
3-69 proposed if the proposed action is one for which a formal hearing
4-1 under Chapter 2001, Government Code, is not available;
4-2 (2) a person described by Subdivision (1) of this
4-3 subsection files a request for referral alleging a significant
4-4 unresolved dispute regarding the proposed action's consistency with
4-5 the goals and policies of the coastal management program; and
4-6 (3) any member [three regular members] of the council
4-7 other than the director of the Texas A&M University Sea Grant
4-8 Program agrees [agree] that there is a significant unresolved
4-9 dispute regarding the proposed action's consistency with the goals
4-10 and policies of the coastal management program and the matter is
4-11 placed on the agenda for a council meeting.
4-12 SECTION 6. Section 33.207, Natural Resources Code, is amended
4-13 to read as follows:
4-14 Sec. 33.207. COUNCIL RECOMMENDATIONS. In addition to the
4-15 report required by Section 33.206, the council:
4-16 (1) may periodically submit recommendations to an
4-17 agency or subdivision designed to encourage the agency or
4-18 subdivision to carry out its functions in a manner consistent with
4-19 the coastal management program, including recommendations for
4-20 methods to simplify governmental procedures and changes in
4-21 applicable rules or statutes; and
4-22 (2) shall report to the legislature on:
4-23 (A) recommended statutory changes needed to make
4-24 more effective and efficient use of public funds and provide for
4-25 more effective and efficient management of coastal natural resource
4-26 areas, including recommendations on methods to simplify
4-27 governmental procedures; [and]
4-28 (B) agency or subdivision actions that are not
4-29 consistent with the coastal management program; and
4-30 (C) population growth of, infrastructure needs
4-31 of, and use of resources on the coast.
4-32 SECTION 7. Section 33.211, Natural Resources Code, is amended
4-33 to read as follows:
4-34 Sec. 33.211. SUNSET PROVISION. The Coastal Coordination
4-35 Council is subject to Chapter 325, Government Code (Texas Sunset
4-36 Act). Unless continued in existence as provided by that chapter,
4-37 the council is abolished and this subchapter expires September 1,
4-38 2013 [2001].
4-39 SECTION 8. Subchapter F, Chapter 33, Natural Resources Code,
4-40 is amended by adding Section 33.212 to read as follows:
4-41 Sec. 33.212. COMPLAINTS. (a) The council shall maintain a
4-42 file on each written complaint filed with the council. The file
4-43 must include:
4-44 (1) the name of the person who filed the complaint;
4-45 (2) the date the complaint is received by the council;
4-46 (3) the subject matter of the complaint;
4-47 (4) the name of each person contacted in relation to
4-48 the complaint;
4-49 (5) a summary of the results of the review or
4-50 investigation of the complaint; and
4-51 (6) an explanation of the reason the file was closed,
4-52 if the council closed the file without taking action other than to
4-53 investigate the complaint.
4-54 (b) The council shall provide to the person filing the
4-55 complaint and to each person who is a subject of the complaint a
4-56 copy of the council's policies and procedures relating to complaint
4-57 investigation and resolution.
4-58 (c) The council, at least quarterly until final disposition
4-59 of the complaint, shall notify the person filing the complaint and
4-60 each person who is a subject of the complaint of the status of the
4-61 investigation unless the notice would jeopardize an undercover
4-62 investigation.
4-63 SECTION 9. The changes in law made by this Act in the
4-64 qualifications of, and the prohibitions applying to, members of the
4-65 Coastal Coordination Council and the council's advisory committee
4-66 do not affect the entitlement of a member serving on the council or
4-67 the advisory committee immediately before September 1, 2001, to
4-68 continue to carry out the functions of the council or the advisory
4-69 committee for the remainder of the member's term. The changes in
5-1 law apply only to a member appointed on or after September 1, 2001.
5-2 This Act does not prohibit a person who is a member of the council
5-3 or the advisory committee on September 1, 2001, from being
5-4 reappointed to the council or the advisory committee if the person
5-5 has the qualifications required for a member under Chapter 33,
5-6 Natural Resources Code, as amended by this Act.
5-7 SECTION 10. This Act takes effect September 1, 2001.
5-8 * * * * *