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.