By: Jackson S.B. No. 1023
A BILL TO BE ENTITLED
AN ACT
relating to the number of meetings of the Coastal Coordination
Council held annually, rulemaking authority for the council to
delegate routine functions to an executive committee, and the
change in name of the Texas Natural Resources Conservation
Commission to the Texas Council on Environmental Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.204, Natural Resources Code, is
amended to read as follows:
Sec. 33.204. ADMINISTRATION OF COASTAL MANAGEMENT
PROGRAM. (a) The council by rule shall adopt goals and policies
of the coastal management program. A goal or policy may not require
an agency or subdivision to perform an action that would exceed the
constitutional or statutory authority of the agency or subdivision
to which the goal or policy applies.
(b) The council shall meet [once] three times annually [in
each calendar quarter] at regular intervals and shall set aside
time at each meeting for public comment on any issue under the
jurisdiction of the council. The commissioner is chair of the
council. The chair or any three members of the council may convene
special meetings at other times.
(c) Except as provided by Sections 33.205(c)(3) and
33.206(a), the council may act on the agreement of a majority of a
quorum of the council.
(d) For each matter to be reviewed by the council under
Section 33.205(c) or (d) of this code, the governor shall designate
a local elected official from a county or municipality directly
affected by the matter under review. The local official shall serve
as a nonvoting participant on the council for purposes of reviewing
and acting on that matter only.
(e) In conducting reviews under Section 33.205 of this code,
the council shall receive and consider the oral or written
testimony of any person regarding the coastal management program as
the testimony relates to the agency or subdivision action or
federal agency action or activity or outer continental shelf plan
under review. The council may reasonably limit the length and
format of the testimony and the time at which it will be received.
Notice of the period during which the testimony will be received
shall be published in the Texas Register and in a newspaper of
general circulation in each county directly affected by the matter
under review before the commencement of that period. The council
shall consider only the record before the agency or subdivision
involved in the matter under review, the agency's or subdivision's
findings, applicable laws and rules, any additional information
provided by that agency or subdivision, and public testimony under
this subsection, provided that if the agency or subdivision did not
hold a hearing, make a record, or make findings, the council may
hold a hearing and make findings necessary to a complete and
thorough review.
(f) The land office shall assist the council in carrying out
its duties. The council members may not receive compensation for
services but may receive reimbursement for actual and necessary
expenses. The land office, in coordination with other agencies and
subdivisions, shall prepare an annual report on the effectiveness
of the coastal management program. The land office shall submit the
report to the council for approval. On or before January 15 of each
odd-numbered year, the land office shall send to the legislature
each of the previous two annual reports.
(g) The council may award grants to projects that further
the goals and policies of the council. The council shall establish
the procedures for making any determination related to awarding a
grant.
(h) The council may adopt rules to implement this section,
including rules to authorize an executive committee of the council
to perform routine council functions.
SECTION 2. Section 33.2041, Natural Resources Code, is
amended to read as follows:
Sec. 33.2041. COMPOSITION OF COUNCIL; TERMS. (a) The
council shall consist of:
(1) the following ex officio members:
(A) the commissioner;
(B) the presiding officer of the Parks and
Wildlife Commission or a member of the commission designated by the
presiding officer;
(C) the presiding officer of the Texas [Natural
Resource Conservation] Commission on Environmental Quality or a
member of the commission designated by the presiding officer;
(D) a member of the Railroad Commission of Texas
appointed by that commission;
(E) the presiding officer of the Texas Water
Development Board or a member of the board designated by the
presiding officer;
(F) the presiding officer of the Texas
Transportation Commission or a member of the commission designated
by the presiding officer;
(G) a member of the State Soil and Water
Conservation Board appointed by that board; and
(H) the director of the Texas A&M University Sea
Grant Program to serve as a nonvoting member; and
(2) the following members to be appointed by the
governor with the advice and consent of the senate to serve a
two-year term:
(A) a city or county elected official who resides
in the coastal area;
(B) an owner of a business located in the coastal
area who resides in the coastal area;
(C) a resident from the coastal area; and
(D) a representative of agriculture.
(b) The terms of the positions on the council held by the
city or county elected official who resides in the coastal area and
the resident from the coastal area expire May 31 of each
even-numbered year. The terms of the positions on the council held
by the owner of a business located in the coastal area who resides
in the coastal area and the representative of agriculture expire
May 31 of each odd-numbered year.
(c) Appointments to the council shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointees.
SECTION 3. This Act takes effect September 1, 2005.