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.