87S20841 JAM-D
 
  By: Landgraf H.B. No. 200
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prohibition on the transportation, storage, and
  disposal of high-level radioactive waste in certain areas.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 401, Health and Safety
  Code, is amended by adding Section 401.072 to read as follows:
         Sec. 401.072.  TRANSPORTATION, STORAGE, AND DISPOSAL OF
  HIGH-LEVEL RADIOACTIVE WASTE IN CRITICAL INFRASTRUCTURE ZONE. (a)
  In this section:
               (1)  "Critical energy infrastructure zone" means an
  area designated by the commission under this section.
               (2)  "High-level radioactive waste" has the meaning
  assigned by 42 U.S.C. Section 10101(12) and includes spent nuclear
  fuel as defined by 42 U.S.C. Section 10101(23).
         (b)  A person may not import into, dispose of, or store
  high-level radioactive waste in an area of this state designated as
  a critical energy infrastructure zone.
         (c)  The commission shall establish criteria and procedures
  for designating areas where oil and gas activities or other
  energy-related activities occur as critical energy infrastructure
  zones. In establishing the criteria and procedures, the commission
  shall consider establishing critical energy infrastructure zones
  in counties with more than:
               (1)  100 megawatts of installed solar energy generation
  capacity;
               (2)  100 megawatts of installed wind generation
  capacity;
               (3)  10,000,000 barrels of oil produced annually; or
               (4)  2,000,000 MCF of natural gas produced annually.
         (d)  The designation of an area as a critical energy
  infrastructure zone remains in effect until the commission revokes
  the designation under procedures adopted by the commission.
         (e)  The commission may amend the boundaries of a critical
  energy infrastructure zone.
         (f)  The commission shall adopt rules necessary to implement
  this section.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect on the 91st day after the last day of the
  legislative session.