HBA-AMW H.B. 3082 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3082 By: Burnam Environmental Regulation 3/19/2001 Introduced BACKGROUND AND PURPOSE Advisory groups to the Texas Natural Resource Conservation Commission (TNRCC) are an important avenue for public participation in environmental issues. TNRCC often uses these groups to provide input regarding environmental concerns and to assist in the development of rules and guidance documents which help set statewide environmental policy. Although current law requires advisory committees to TNRCC to have balanced representation, TNRCC does not always maintain equal representation of interested parties on advisory committees when adopting rules. House Bill 3082 prohibits TNRCC from adopting rules in consultation with an advisory committee or another group without an equal number of representatives from each interested group on the committee. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Natural Resource Conservation Commission in SECTION 1 (Section 5.1031, Water Code) of this bill. ANALYSIS House Bill 3082 amends the Water Code to prohibit the Texas Natural Resource Conservation Commission (TNRCC) from adopting a rule developed in consultation with an advisory committee or another group unless the committee or group consists of equal numbers of representatives for each distinct group of persons who will be affected by the rule in a similar way. The bill authorizes a person affected by a rule adopted by TNRCC who alleges that the rule was adopted in violation of these provisions to file suit seeking a declaratory judgment that the rule is invalid. EFFECTIVE DATE September 1, 2001.