MARKED WORK SESSION
Friday, September 13, 2002
Texas Natural Resource Conservation Commission
Room 201S, Building E
12100 Park 35 Circle
- Discussion of the Enforcement Report for July 2002.
Anne Dobbs, OCE, presented this issue.
No action taken.
- Consideration of the submission to the U.S. Environmental Protection Agency of the Texas
Water Quality Assessment and List of Impaired Waters as required by the Federal Clean
Water Act Sections 305(b) and 303(d). Patrick Roques, Monitoring Operations, Mike Hughes, OLS,
and Jim Davenport, Water Quality, presented this issue.
Continued to September 25th Commissioners’ Agenda. RH/RM. All agree.
- Docket No. 2002-0001-RUL. Consideration for adoption of the following amended and new
sections of 30 TAC Chapter 5, Advisory Committees and Groups; and Chapter 20,
Section 5.1 Purpose
Section 5.2 Definitions
Section 5.3 Creation and Duration of Advisory Committees Created by the Commission
Section 5.4 Purpose and Duties of Advisory Committees
Section 5.5 Composition of Advisory Committees
Section 5.7 Membership
Section 5.10 Presiding Officer
Section 5.14 Monitoring of Advisory Committees and Records
Section 20.19 Working Committees and Groups
Section 5.20 Advisory Groups
Section 5.21 Formation of Advisory Groups
If adopted, the revisions to Chapter 5 and Chapter 20 will implement House Bill (HB) 2912,
77th Legislature, 2001, Section 1.10, which amended Texas Water Code, Subchapter D,
Chapter 5, Section 5.107, relating to Advisory Councils; and HB 2914, 77th Legislature, 2001,
Sections 45 - 52, which amended Texas Government Code, Chapter 2110, relating to State
Agency Advisory Committees. The title of Chapter 5 will be changed from “Advisory
Committees” to “Advisory Committees and Groups” to cover advisory committees, work
groups, task forces, stakeholder groups, and groups of other designations frequently used by
the agency. The chapter will require the agency to make reasonable attempts to have balanced
representation; monitor the composition and activities; and maintain information in a form
and location that is easily accessible to the public, including making the information available
on the commission’s website. In addition, Chapter 5 will specify that an advisory committee
created by the commission shall be automatically abolished in accordance with Texas
Government Code, Section 2110.008(b), which provides that unless the state agency, by rule,
designates a different date on which the committee will be automatically abolished, the
committee is automatically abolished on the later of September 1, 2005, or the fourth
anniversary of the date of its creation. Revisions to Chapter 20 will change the title of Section
20.19 from “Working Groups” to “Working Committees and Groups” and will add a sentence
to require that processes established under Chapter 5 be followed. The proposed rules were
published in the April 26, 2002 issue of the Texas Register (27 TexReg 3451). (Debra Barber,
Hector Mendieta, Terri Seales) (Rule Log No. 2001-068-005-AD) Hector Mendieta, OEPAA,
presented this issue.
Approve adoption as requested. RH/KW. All agree.
- Consideration of report on the composition and use of advisory bodies in fiscal year 2001. Terri
Seales, Executive Directors’ Office presented this issue.
No action taken.
- Consideration of issues related to the Environmental Council of the States (ECOS) 2002
Annual Meeting on October 6-8 in San Antonio, including any matters associated with the
planning and conduct of the meeting, and the Commission's designation of representatives for
voting on ECOS matters that may arise during the various ECOS meetings. Linda Haynie,
OEPAA, presented this issue.
Motion to empower each Commissioner to vote individually on appropriate ECOS issues. RH/KW.
- Consideration of legislative issues potentially affecting the TCEQ and actions taken by the
Texas Legislature. The commission may consider legislative proposals and approve
recommendations for changes to statutory provisions. The commission may also meet in
closed meeting to receive legal advice regarding these matters, or any of the above matters, as
authorized by Section 551.071 of the Open Meetings Act, Chapter 551 of the Government
Code. Any commission action, decision, or vote on these matters will be made in open meeting
in accordance with Section 551.102 of the Open Meetings Act, Chapter 551 of the Government
Code. This issue was not discussed.
- Planning for the next Commissioners’ Work Session. The next work session is October 11.
Discussion on adoption of Quadrennial Rule Reviews at work session was scheduled for that session,
as well as the standing issues.