HBA-MPM, C.S.H.B. 2249 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2249 By: Chisum Environmental Regulation 4/13/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE The House Committee on Environmental Regulation's interim report to the 76th Legislature found that the Texas Environmental Educational Partnership (TEEP) has the potential to serve in a leadership capacity for environmental education in the United States. C.S.H.B. 2249 establishes the TEEP Fund, a public and private nonprofit education partnership, which provides a means for receiving and disbursing funds, and also creates the fund's board of directors and defines the fund's relationship with participating partners. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. DEFINITIONS. Defines "board" as the board of directors of the Texas Environmental Education Partnership (TEEP) Fund, "participating partner" as an entity designated as a participating partner under SECTION 4 of this Act, "TEEP Fund" as the Texas Environmental Education Partnership Fund established under SECTION 2 of this Act, and the "TEEP trust fund" as the Texas Environmental Education Partnership trust fund established under SECTION 6 of this Act. SECTION 2. ESTABLISHMENT OF TEXAS ENVIRONMENTAL EDUCATION PARTNERSHIP FUND. Establishes the fund, and requires it to operate as a public and private nonprofit education partnership. SECTION 3. Sets forth the purpose of the fund. SECTION 4. DESIGNATION OF PARTICIPATING PARTNER. Requires the board to designate one or more public/private partnership entities as a participating partner to develop and propose environmental education projects, activities, and programs to receive assistance from the fund. Provides that a participating partner must represent a broad spectrum of public and private interests relating to scientifically-based and balanced environmental and educational concerns. SECTION 5. TEEP FUND BOARD. (a) Provides that the board consists of no more than 12 members, and sets forth the appointment method and composition of the board. (b) Requires the 10 board members appointed by the governor to be culturally, ethnically, and geographically diverse. (c) Provides that a board member is appointed for a renewable two-year term which expires February 1 of each odd-numbered year. (d) Provides that the member serves at the will of the appointing official. (e) Provides that a member representing the senate or house of representatives is a nonvoting member. (f) Stipulates that a member is not entitled to compensation, but is entitled to reimbursement for actual and necessary expenses incurred in performing board duties. (g) Authorizes the board to accept donations, gifts, grants, or other money made available to the fund for purposes of this Act. Requires the board to deposit these monies or any other money accepted by a board member on behalf of the trust fund into the trust fund. SECTION 6. TEEP TRUST FUND. (a) Establishes the trust fund as a fund outside the treasury to be held by the Texas Treasury Safekeeping Trust Company and administered by the board of the Texas Environmental Education Partnership Fund for the benefit of a participating partner or environmental education projects, activities, and programs proposed by a participating partner and approved by the board. (b) Specifies that money in the fund may be used only to award grants or money for environmental education projects, activities, and programs proposed by a participating partner and approved by the board, and to reimburse board members for actual expenses incurred in performing board duties. (c) Provides that the trust fund consists of donations, gifts, grants, or other money made available to the fund for the purposes of this Act. SECTION 7. ELIGIBILITY CRITERIA. Requires the board to adopt and publish eligibility criteria to be considered in making a grant or award of money from the fund. Sets forth certain considerations that the board is required to include in adopting criteria. SECTION 8. SUNSET PROVISION. Provides that the fund is subject to Chapter 325 (Texas Sunset Act), Government Code until September 1, 2009, at which point the fund expires unless continued in existence as provided by that chapter. SECTION 9. APPOINTMENT OF BOARD. Requires the governor, the lieutenant governor, and the speaker of the house of representatives to appoint board members as provided by Section 5 of this Act as soon as practicable after the effective date. Provides that the initial board members are appointed for terms which expire February 1, 2001. SECTION 10. Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2249 differs from the original in SECTION 3 by expanding upon the purpose of the Texas Environmental Education Partnership Fund (TEEP fund) to include the continual operation of environmental education projects and progress for which the TEEP fund is intended to raise money. The substitute differs from the original in SECTION 4 by specifying that the environmental and educational public and private interests represented by a participating partner are "scientifically based and balanced." The substitute differs from the original in SECTION 5 (a) by modifying the composition of the TEEP Fund Board (board) and making nonsubstantive changes. The substitute also adds Subsection (b) to this section, which requires the 10 board members appointed by the governor to be culturally, ethnically, and geographically diverse. This substitute modifies the original by providing that a board member is appointed for a "renewable" two-year term. The substitute also redesignates proposed Subsections (b)-(f) in the original to Subsections (c)-(g). The substitute differs from the original in SECTION 7 by modifying the criteria the board is required to adopt, and adding projects, activities, and programs that promote the protection of environmental resources to those to which it is required to give primary consideration. The substitute differs from the original by adding new SECTION 8, and redesignating SECTION 8 of the original to SECTION 9. The new SECTION 8 adds a Sunset provision to this Act, which provides that the TEEP fund is subject to Chapter 325 (Texas Sunset Act), Government Code, and that it expires September 1, 2009. The substitute redesignates SECTION 9 of the original (emergency clause and effective date) to SECTION 10.