SRC-TJG C.S.H.B. 43 78(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 43
78R11334 JTS-DBy: Chisum (Armbrister)
Natural Resources
4/11/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, there is a question of whether a person may serve on the Texas
Council on Environmental Technology (council) if that person is an
employee or an owner of an entity that applies for a grant from the
council.  C.S.H.B. 43 requires a person on the council to disclose the
fact of employment by or ownership of an applying entity and prohibits
that person from voting or participating in the awarding of a grant for
that entity.  This bill also adds certain actions the council is required
to take to assist in developing solutions for certain problems and
authorizes the council to collect a fee from a grant recipient under
certain conditions. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 387.002(b), Health and Safety Code, to add
competing for and managing federal grants and funds from other sources
available for carrying out the objectives of the council and entering into
public-private partnerships to facilitate development of environmental
technology infrastructure in this state to the list of actions the Texas
Council on Environmental Technology (council) is required to take to
enhance the entrpreneurial and inventive spirit of Texas to assist in
developing solutions to certain problems. 

SECTION 2.  Amends Section 387.003, Health and Safety Code, by adding
Subsection (c) to authorize the council, when making a grant under the
program, to collect a fee from the grant recipient in an amount not to
exceed five percent of the amount of the grant to be used by the council
only for certain purposes. 

SECTION 3.  Amends Section 387.005, Health and Safety Code, by adding
Subsection (f), to require the member, before the vote on the grant, to
disclose the fact of the member's employment or ownership, if a member of
the council is an employee or owner of an entity that applies for a grant
under this chapter.  Requires the disclosure to be entered into the
minutes of the meeting.  Prohibits the member from voting on or otherwise
participating in the awarding of the grant.  Provides that the entity is
not eligible for the grant, if the member does not comply with this
subsection. 

SECTION 4.  Amends Section 387.008(a), Health and Safety Code, to make a
conforming change. 

SECTION 5.  Effective date: upon passage or September 1, 2003.