HBA-AMW, BSM H.B. 37 77(R)    Bill Analysis


Office of House Bill AnalysisH.B. 37
By: McClendon
State Affairs
2/15/2001
Introduced



BACKGROUND AND PURPOSE 

Public interest counsels were created by the legislature to protect the
public interest in such areas as insurance, utilities, and environmental
regulation.  The Texas Natural Resource Conservation Commission (TNRCC)
office of public interest counsel was created to respond to citizens'
concerns regarding environmental quality and consumer protection and to
promote the public's interest in these issues, but the provisions governing
the office differ from other public interest counsels.   

Currently, the TNRCC public interest counsel is appointed by TNRCC with the
advice of the executive director of TNRCC.  The counsel is not authorized
to seek outside technical assistance when a potential for conflict of
interest exists between the counsel and the executive director, and the
counsel is prohibited from appealing a ruling, decision, or other act of
TNRCC.  The Texas Sunset Advisory Commission recently provided
recommendations for strengthening the TNRCC office of public interest
counsel and increasing its independence from TNRCC.  House Bill 37 provides
the counsel with governing provisions similar to its counterparts.  

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. 

ANALYSIS

House Bill 37 amends the Water Code to require that the head of the office
of  public interest counsel be appointed by the governor with the advice
and consent of the senate, rather than appointed by the Texas Natural
Resource Conservation Commission (TNRCC).  The bill authorizes the
executive director of TNRCC  to submit specified information about counsel
candidates to the governor, rather than TNRCC. The bill provides that the
counsel serves a two-year term that expires on February 1 of each
odd-numbered year, and authorizes the governor to reappoint the counsel.
To be eligible for appointment the person must have demonstrated experience
in promoting the public interest and protecting the environment.  The bill
requires the counsel to represent the public interest in the development of
TNRCC rules and policies.  The counsel is authorized to obtain technical
support from outside TNRCC if a potential conflict exists between the
counsel and the executive director in a proceeding before TNRCC or in TNRCC
rulemaking or policymaking.  The bill authorizes the counsel to initiate or
intervene in judicial proceedings arising out of a ruling, decision, or
other act by TNRCC. 

EFFECTIVE DATE

September 1, 2001.