81R6139 JAM-D

By: Legler H.B. No. 1318

A BILL TO BE ENTITLED

AN ACT

relating to the eligibility, service, and removal of persons appointed to the Texas Commission on Environmental Quality.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 5.053(a), Water Code, is amended to read as follows:

(a) A person may not be a member of the commission if the person or the person's spouse:

(1) is registered, certified, licensed, permitted, or otherwise authorized by the commission; or

(2) [is employed by or participates in the management of a business entity or other organization regulated by the commission or receiving money from the commission;

[(3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving funds from the commission; or

[(4)] uses or receives a substantial amount of tangible goods, services, or money from the commission other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses.

SECTION 2. Section 5.054(a), Water Code, is amended to read as follows:

(a) It is a ground for removal from the commission that a member:

(1) does not have at the time of taking office the qualifications required by Section 5.053(b);

(2) does not maintain during the service on the commission the qualifications required by Section 5.053(b);

(3) is ineligible for membership under Section 5.053(a), 5.059, or 5.060;

(4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; [or]

(5) is absent from more than one-half of the regularly scheduled commission meetings that the member is eligible to attend during each calendar year without an excuse approved by a majority vote of the commission; or

(6) failed to comply with Section 5.061.

SECTION 3. Subchapter C, Chapter 5, Water Code, is amended by adding Section 5.061 to read as follows:

Sec. 5.061. RECUSAL OF COMMISSION MEMBERS. (a) If a matter comes before the commission and a member is employed by, participates in the management of, or has a substantial financial interest in a business entity or other organization that has a direct interest in that matter, that member shall:

(1) disclose the fact of that employment, management, or interest to the commission;

(2) recuse himself or herself from the commission's deliberations and actions on the matter; and

(3) abstain from voting on the matter or otherwise participating in a decision on the matter.

(b) The fact that a member is recused from a vote or decision by application of this section does not affect the existence of a quorum.

SECTION 4. Section 5.053(c), Water Code, is repealed.

SECTION 5. This Act takes effect September 1, 2009.