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                                  * * * * *