Friday, September 13, 2002

Texas Natural Resource Conservation Commission

1:00 p.m.
Room 201S, Building E
12100 Park 35 Circle

  1. Discussion of the Enforcement Report for July 2002. Anne Dobbs, OCE, presented this issue.

    No action taken.

  2. 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.

  3. Continued to September 25th Commissioners’ Agenda. RH/RM. All agree.

  4. 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, Rulemaking:

  5. 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.

  6. Consideration of report on the composition and use of advisory bodies in fiscal year 2001. Terri Seales, Executive Directors’ Office presented this issue.

  7. No action taken.

  8. 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.

  9. Motion to empower each Commissioner to vote individually on appropriate ECOS issues. RH/KW.

  10. 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.

  11. 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.