HBA-JLV, BSM H.B. 39 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 39 By: McClendon Environmental Regulation 3/15/2001 Introduced BACKGROUND AND PURPOSE Under current law, the executive director of the Texas Natural Resource Conservation Commission (TNRCC) is a party to all hearings before TNRCC. There are concerns that several practices within TNRCC contribute to the impression of bias of the executive director toward the applicant. When an application is filed with TNRCC, the application is reviewed by TNRCC staff who work with permit applicants to prepare the permit according to state law and TNRCC rules. If affected persons disagree with the details of a permit, they may ask for a contested case hearing on the permit's issuance. Because of staff's role in permit applications, TNRCC is often put in the position of having to defend an applicant's permit in a contested case. The executive director combines the role of expert witness and legal advocate to support the applicant on whose behalf the staff has worked to prepare the permit. This puts TNRCC at odds with those who protest the permit and raises questions about the fairness and objectivity of TNRCC's decision making process. House Bill 39 removes the requirement that the executive director of TNRCC be named a party to hearings before the commission. 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 39 amends the Water Code to remove the requirement that the executive director of the Texas Natural Resource Conservation Commission (commission) be named a party in hearings before the commission. EFFECTIVE DATE September 1, 2001.