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.