By Lucio S.B. No. 300
77R1058 JAT-D
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
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 goal of protecting and preserving the state's coastal natural
3-1 resources. The council by rule shall establish the procedures for
3-2 making any determination related to awarding a 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; and
3-24 (G) a member of the State Soil and Water
3-25 Conservation Board appointed by that board; and
3-26 (2) the following members to be appointed by the
3-27 governor with the advice and consent of the senate to serve a
4-1 two-year term:
4-2 (A) two city or county elected officials who
4-3 reside in the coastal area;
4-4 (B) an owner of a business located in the
4-5 coastal area who resides in the coastal area;
4-6 (C) a resident from the coastal area;
4-7 (D) a representative of the public's interest
4-8 with a demonstrated interest in preserving and maintaining the
4-9 coastal region's ecological, aesthetic, and recreational value; and
4-10 (E) a representative of agriculture.
4-11 (b) The terms of the positions on the council held by one of
4-12 the city or county elected officials who reside in the coastal
4-13 area, the resident from the coastal area, and the representative of
4-14 the public interest expire May 31 of each even-numbered year. The
4-15 terms of the positions on the council held by the other of the city
4-16 or county elected officials who reside in the coastal area, the
4-17 owner of a business located in the coastal area who resides in the
4-18 coastal area, and the representative of agriculture expire May 31
4-19 of each odd-numbered year.
4-20 (c) Appointments to the council shall be made without regard
4-21 to the race, color, disability, sex, religion, age, or national
4-22 origin of the appointees.
4-23 Sec. 33.2042. ELIGIBILITY OF COUNCIL MEMBERS. (a) In this
4-24 section, "Texas trade association" means a cooperative and
4-25 voluntarily joined association of business or professional
4-26 competitors in this state designed to assist its members and its
4-27 industry or profession in dealing with mutual business or
5-1 professional problems and in promoting their common interest.
5-2 (b) A person may not be a public member of the council if:
5-3 (1) the person is an officer, employee, or paid
5-4 consultant of a Texas trade association in a field directly related
5-5 to the operations of the council; or
5-6 (2) the person's spouse is an officer, manager, or
5-7 paid consultant of a Texas trade association in a field directly
5-8 related to the operations of the council.
5-9 (c) A person may not be a member of the council or act as
5-10 the general counsel to the council if the person is required to
5-11 register as a lobbyist under Chapter 305, Government Code, because
5-12 of the person's activities for compensation on behalf of a
5-13 profession related to the operation of the council.
5-14 Sec. 33.2043. GROUNDS FOR REMOVAL. (a) It is a ground for
5-15 removal from the council that a member:
5-16 (1) does not have at the time of taking office the
5-17 qualifications required by Section 33.2041;
5-18 (2) does not maintain during service on the council
5-19 the qualifications required by Section 33.2041;
5-20 (3) is ineligible for membership under Section
5-21 33.2042(b) or (c);
5-22 (4) cannot, because of illness or disability,
5-23 discharge the member's duties for a substantial part of the
5-24 member's term; or
5-25 (5) is absent from more than half of the regularly
5-26 scheduled council meetings that the member is eligible to attend
5-27 during a calendar year without an excuse approved by a majority
6-1 vote of the council.
6-2 (b) The validity of an action of the council is not affected
6-3 by the fact that it is taken when a ground for removal of a council
6-4 member exists.
6-5 (c) If the council chair has knowledge that a potential
6-6 ground for removal exists, the council chair shall notify the
6-7 appointing authority and the attorney general that a potential
6-8 ground for removal exists. If the potential ground for removal
6-9 involves the council chair, one of the council members shall notify
6-10 the appointing authority and the attorney general that a potential
6-11 ground for removal exists.
6-12 Sec. 33.2044. STANDARDS OF CONDUCT. The council chair or the
6-13 council chair's designee shall provide to members of the council,
6-14 as often as necessary, information regarding the requirements for
6-15 office under this chapter, including information regarding a
6-16 person's responsibilities under applicable laws relating to
6-17 standards of conduct for state officers.
6-18 Sec. 33.2045. TRAINING. (a) A person who is appointed to
6-19 and qualifies for office as a member of the council may not vote,
6-20 deliberate, or be counted as a member in attendance at a meeting of
6-21 the council until the person completes a training program that
6-22 complies with this section.
6-23 (b) The training program must provide the person with
6-24 information regarding:
6-25 (1) the legislation that created the council;
6-26 (2) the programs operated by the council;
6-27 (3) the role and functions of the council;
7-1 (4) the rules of the council with an emphasis on the
7-2 rules that relate to disciplinary and investigatory authority;
7-3 (5) the current budget for the council;
7-4 (6) the results of the most recent formal audit of the
7-5 council;
7-6 (7) the requirements of:
7-7 (A) the open meetings law, Chapter 551,
7-8 Government Code;
7-9 (B) the public information law, Chapter 552,
7-10 Government Code;
7-11 (C) the administrative procedure law, Chapter
7-12 2001, Government Code; and
7-13 (D) other laws relating to public officials,
7-14 including conflict of interest laws; and
7-15 (8) any applicable ethics policies adopted by the
7-16 council or the Texas Ethics Commission.
7-17 (c) A person appointed to the council is entitled to
7-18 reimbursement, as provided by the General Appropriations Act, for
7-19 the travel expenses incurred in attending the training program
7-20 regardless of whether the attendance at the program occurs before
7-21 or after the person qualifies for office.
7-22 SECTION 5. Section 33.205(c), Natural Resources Code, is
7-23 amended to read as follows:
7-24 (c) The council may not review a proposed action subject to
7-25 the requirements of Subsections (a) and (b) of this section for
7-26 consistency with the goals and policies of the coastal management
7-27 program unless:
8-1 (1) the consistency determination for the proposed
8-2 action was contested by:
8-3 (A) a council member or an agency that was a
8-4 party in a formal hearing under Chapter 2001, Government Code, or
8-5 in an alternative dispute resolution process; or
8-6 (B) a council member or other person by the
8-7 filing of written comments with the agency before the action was
8-8 proposed if the proposed action is one for which a formal hearing
8-9 under Chapter 2001, Government Code, is not available;
8-10 (2) a person described by Subdivision (1) of this
8-11 subsection files a request for referral alleging a significant
8-12 unresolved dispute regarding the proposed action's consistency with
8-13 the goals and policies of the coastal management program; and
8-14 (3) any [three] regular member [members] of the
8-15 council agrees [agree] that there is a significant unresolved
8-16 dispute regarding the proposed action's consistency with the goals
8-17 and policies of the coastal management program and the matter is
8-18 placed on the agenda for a council meeting.
8-19 SECTION 6. Section 33.207, Natural Resources Code, is amended
8-20 to read as follows:
8-21 Sec. 33.207. COUNCIL RECOMMENDATIONS. In addition to the
8-22 report required by Section 33.206, the council:
8-23 (1) may periodically submit recommendations to an
8-24 agency or subdivision designed to encourage the agency or
8-25 subdivision to carry out its functions in a manner consistent with
8-26 the coastal management program, including recommendations for
8-27 methods to simplify governmental procedures and changes in
9-1 applicable rules or statutes; and
9-2 (2) shall report to the legislature on:
9-3 (A) recommended statutory changes needed to make
9-4 more effective and efficient use of public funds and provide for
9-5 more effective and efficient management of coastal natural resource
9-6 areas, including recommendations on methods to simplify
9-7 governmental procedures; [and]
9-8 (B) agency or subdivision actions that are not
9-9 consistent with the coastal management program; and
9-10 (C) population growth of, infrastructure needs
9-11 of, and use of resources on the coast.
9-12 SECTION 7. Section 33.211, Natural Resources Code, is amended
9-13 to read as follows:
9-14 Sec. 33.211. SUNSET PROVISION. The Coastal Coordination
9-15 Council is subject to Chapter 325, Government Code (Texas Sunset
9-16 Act). Unless continued in existence as provided by that chapter,
9-17 the council is abolished and this subchapter expires September 1,
9-18 2013 [2001].
9-19 SECTION 8. Subchapter F, Chapter 33, Natural Resources Code,
9-20 is amended by adding Section 33.212 to read as follows:
9-21 Sec. 33.212. COMPLAINTS. (a) The council shall maintain a
9-22 file on each written complaint filed with the council. The file
9-23 must include:
9-24 (1) the name of the person who filed the complaint;
9-25 (2) the date the complaint is received by the council;
9-26 (3) the subject matter of the complaint;
9-27 (4) the name of each person contacted in relation to
10-1 the complaint;
10-2 (5) a summary of the results of the review or
10-3 investigation of the complaint; and
10-4 (6) an explanation of the reason the file was closed,
10-5 if the council closed the file without taking action other than to
10-6 investigate the complaint.
10-7 (b) The council shall provide to the person filing the
10-8 complaint and to each person who is a subject of the complaint a
10-9 copy of the council's policies and procedures relating to complaint
10-10 investigation and resolution.
10-11 (c) The council, at least quarterly until final disposition
10-12 of the complaint, shall notify the person filing the complaint and
10-13 each person who is a subject of the complaint of the status of the
10-14 investigation unless the notice would jeopardize an undercover
10-15 investigation.
10-16 SECTION 9. (a) As soon as possible on or after the effective
10-17 date of this Act, the governor shall appoint to the Coastal
10-18 Coordination Council:
10-19 (1) a city or county elected official who resides in
10-20 the coastal area for a term expiring May 31, 2002; and
10-21 (2) a representative of the public's interest with a
10-22 demonstrated interest in preserving and maintaining the coastal
10-23 region's ecological, aesthetic, and recreational value for a term
10-24 expiring May 31, 2003.
10-25 (b) Except as provided by Subsection (a) of this section,
10-26 the changes in law made by this Act in the qualifications of, and
10-27 the prohibitions applying to, members of the Coastal Coordination
11-1 Council and the advisory committee do not affect the entitlement of
11-2 a member serving on the council or the advisory committee
11-3 immediately before September 1, 2001, to continue to carry out the
11-4 functions of the council or the advisory committee for the
11-5 remainder of the member's term. The changes in law apply only to a
11-6 member appointed on or after September 1, 2001. This Act does not
11-7 prohibit a person who is a member of the council or the advisory
11-8 committee on September 1, 2001, from being reappointed to the
11-9 council or the advisory committee if the person has the
11-10 qualifications required for a member under Chapter 33, Natural
11-11 Resources Code, as amended by this Act.
11-12 SECTION 10. This Act takes effect September 1, 2001.