Texas 2009 - 81st Regular

Texas House Bill HB1318 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R6139 JAM-D
2	2	By: Legler H.B. No. 1318
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the eligibility, service, and removal of persons
8	8	appointed to the Texas Commission on Environmental Quality.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 5.053(a), Water Code, is amended to read
11	11	as follows:
12	12	(a) A person may not be a member of the commission if the
13	13	person or the person's spouse:
14	14	(1) is registered, certified, licensed, permitted, or
15	15	otherwise authorized by the commission; or
16	16	(2) [is employed by or participates in the management
17	17	of a business entity or other organization regulated by the
18	18	commission or receiving money from the commission;
19	19	[(3) owns or controls, directly or indirectly, more
20	20	than a 10 percent interest in a business entity or other
21	21	organization regulated by or receiving funds from the commission;
22	22	or
23	23	[(4)] uses or receives a substantial amount of
24	24	tangible goods, services, or money from the commission other than
25	25	compensation or reimbursement authorized by law for commission
26	26	membership, attendance, or expenses.
27	27	SECTION 2. Section 5.054(a), Water Code, is amended to read
28	28	as follows:
29	29	(a) It is a ground for removal from the commission that a
30	30	member:
31	31	(1) does not have at the time of taking office the
32	32	qualifications required by Section 5.053(b);
33	33	(2) does not maintain during the service on the
34	34	commission the qualifications required by Section 5.053(b);
35	35	(3) is ineligible for membership under Section
36	36	5.053(a), 5.059, or 5.060;
37	37	(4) cannot, because of illness or disability,
38	38	discharge the member's duties for a substantial part of the member's
39	39	term; [or]
40	40	(5) is absent from more than one-half of the regularly
41	41	scheduled commission meetings that the member is eligible to attend
42	42	during each calendar year without an excuse approved by a majority
43	43	vote of the commission; or
44	44	(6) failed to comply with Section 5.061.
45	45	SECTION 3. Subchapter C, Chapter 5, Water Code, is amended
46	46	by adding Section 5.061 to read as follows:
47	47	Sec. 5.061. RECUSAL OF COMMISSION MEMBERS. (a) If a
48	48	matter comes before the commission and a member is employed by,
49	49	participates in the management of, or has a substantial financial
50	50	interest in a business entity or other organization that has a
51	51	direct interest in that matter, that member shall:
52	52	(1) disclose the fact of that employment, management,
53	53	or interest to the commission;
54	54	(2) recuse himself or herself from the commission's
55	55	deliberations and actions on the matter; and
56	56	(3) abstain from voting on the matter or otherwise
57	57	participating in a decision on the matter.
58	58	(b) The fact that a member is recused from a vote or decision
59	59	by application of this section does not affect the existence of a
60	60	quorum.
61	61	SECTION 4. Section 5.053(c), Water Code, is repealed.
62	62	SECTION 5. This Act takes effect September 1, 2009.