By Gallego H.B. No. 2318
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Texas Low-Level Radioactive Waste Disposal
1-3 Authority.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 402.003, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 402.003. Definitions. In this chapter:
1-8 (1) <"Affected political subdivision" means a
1-9 municipality, county, hospital district, school district, water
1-10 district, or other political subdivision of this state that may
1-11 reasonably be expected to incur expenses in connection with
1-12 additional fire, police, education, utility, public access, and
1-13 other governmental services, public works projects, and planning
1-14 that are required by that political subdivision as a result of the
1-15 construction and operation of a disposal site in or adjacent to the
1-16 political subdivision.>
1-17 <(2)> "Authority" means the Texas Low-Level
1-18 Radioactive Waste Disposal Authority.
1-19 (2) <(3)> "Board" means the board of directors of the
1-20 authority.
1-21 (3) <(4)> "Contract operator" means a political
1-22 subdivision or agency of the state or a private entity with which
1-23 the authority has entered into a contract under Section 402.212.
1-24 (4) <(5)> "Department" means the Texas Department of
2-1 Health.
2-2 (5) <(6)> "Disposal site" means the property and
2-3 facilities acquired, constructed, and owned by the authority at
2-4 which low-level waste can be processed and disposed of permanently.
2-5 (6) <(7)> "Low-level waste" means radioactive material
2-6 that has a half-life of 35 years or less or fewer than 10
2-7 nanocuries per gram of transuranics, and may include radioactive
2-8 material not excluded by this subdivision with a half-life of more
2-9 than 35 years if special criteria for disposal of that waste are
2-10 established by the department. The term does not include
2-11 irradiated reactor fuel and high-level radioactive waste as defined
2-12 by Title 10, Code of Federal Regulations.
2-13 (7) <(8)> "Management" means establishing, adopting,
2-14 and entering into and assuring compliance with the general
2-15 policies, rules, and contracts that govern the operation of a
2-16 disposal site.
2-17 (8) <(9)> "Operation" means the control, supervision,
2-18 and implementation of the actual physical activities involved in
2-19 the receipt, processing, packaging, storage, disposal, and
2-20 monitoring of low-level waste at a disposal site, the maintenance
2-21 of a disposal site, and any other responsibilities designated by
2-22 the board as part of the operation.
2-23 (9) <(10)> "Person" includes a legal successor to or
2-24 representative, agent, or agency of any person.
2-25 (10) <(11)> "Radioactive material" means solid,
2-26 liquid, or gaseous material, whether occurring naturally or
2-27 produced artificially, that emits radiation spontaneously.
3-1 (11) <(12)> "Rangeland and wildlife management plan"
3-2 means a plan that applies rangeland and wildlife habitat management
3-3 techniques to land located in the vicinity of a disposal site so
3-4 that the natural productivity and economic value of the land are
3-5 enhanced.
3-6 (12) <(13)> "Bond" means any type of obligation issued
3-7 by the authority under this chapter, including a certificate of
3-8 obligation, bond, note, draft, bill, warrant, debenture, interim
3-9 certificate, revenue or bond anticipation note, or other evidence
3-10 of indebtedness.
3-11 (13) "Host county" means the county in which the
3-12 disposal site is or will be located.
3-13 (14) "Commission" means the Texas Natural Resource
3-14 Conservation Commission.
3-15 SECTION 2. Section 402.013(c), Health and Safety Code, is
3-16 amended to read as follows:
3-17 (c) After a disposal site is selected under Section 402.090,
3-18 the governor shall appoint to the board, at the earliest
3-19 opportunity, at least one representative of the public as a
3-20 representative of local interests. A representative of the public
3-21 appointed to represent local interests must be a resident of the
3-22 host county <in which the selected site is located>.
3-23 SECTION 3. Section 402.021(b), Health and Safety Code, is
3-24 amended to read as follows:
3-25 (b) The board shall hold an annual meeting in the host
3-26 county with officials <of a county in which a disposal site is
3-27 located> and <with> representatives of <affected> political
4-1 subdivisions of the host county to discuss concerns relating to
4-2 that disposal site.
4-3 SECTION 4. Sections 402.031(c), (d), and (e), Health and
4-4 Safety Code, are amended to read as follows:
4-5 (c) Members of the committee shall be appointed for
4-6 three-year terms by the board after consultation with officials of
4-7 political subdivisions in the host county <Each affected political
4-8 subdivision may appoint one person to the committee for a four-year
4-9 term>.
4-10 (d) The committee shall <may>:
4-11 (1) conduct independent monitoring of disposal site
4-12 activities as authorized by guidelines adopted by the board;
4-13 (2) make recommendations to the board concerning
4-14 operations at the disposal site; and
4-15 (3) execute any other review and monitoring functions
4-16 as recommended by the committee and approved by the board.
4-17 (e) Reasonable notice as required <provided> by the board
4-18 <rules> must be given to the manager of a disposal site before a
4-19 committee member enters a disposal site to exercise any function
4-20 authorized by this section. The board shall provide for quarterly
4-21 unannounced inspections of disposal site activities.
4-22 SECTION 5. Section 402.057, Health and Safety Code, is
4-23 amended to read as follows:
4-24 Sec. 402.057. Reports to Legislature. Not later than the
4-25 60th day before the date each regular legislative session convenes,
4-26 the authority shall submit to the appropriate legislative
4-27 committees a biennial report that serves as a basis for periodic
5-1 oversight hearings on the authority's operations and on the status
5-2 of interstate compacts and agreements. The report shall also
5-3 discuss the status of funds held, expended, or disbursed by the
5-4 host county under Section 402.251.
5-5 SECTION 6. Section 402.058, Health and Safety Code, is
5-6 amended to read as follows:
5-7 Sec. 402.058. Health Surveillance Survey. The board, in
5-8 cooperation with the commission, the Texas Department of Health,
5-9 <department> and local public health officials, shall develop
5-10 <study the feasibility of developing> a health surveillance survey
5-11 for the population located in the vicinity of a disposal site.
5-12 SECTION 7. Section 402.088, Health and Safety Code, is
5-13 amended to read as follows:
5-14 Sec. 402.088. Hearing. (a) A hearing under Section 402.085
5-15 shall be held at the county courthouse of the host county <in which
5-16 the proposed disposal site is located>.
5-17 (b) The board shall give notice of the hearing on the
5-18 proposed disposal site by publishing notice in English in a
5-19 newspaper published in the host county <in which the proposed
5-20 disposal site is to be located>. The notice must be published at
5-21 least once each week for four consecutive weeks beginning not later
5-22 than the 31st day before the date set for the hearing.
5-23 (c) If a newspaper is not published in the host county or if
5-24 no newspaper in the host county will publish the notice, the board
5-25 shall post written notice of the hearing in three public places in
5-26 the host county. The board shall post one of the notices at the
5-27 door of the county courthouse. The notices must be posted for at
6-1 least 30 consecutive days preceding the date set for the hearing.
6-2 SECTION 8. Section 402.0922, Health and Safety Code, is
6-3 amended to read as follows:
6-4 Sec. 402.0922. Eminent Domain. The authority may acquire
6-5 land and easements for a disposal site within the geographical area
6-6 described in Section 402.0921 by condemnation and in accordance
6-7 with Chapter 21 of the Property Code.
6-8 SECTION 9. Section 402.094, Health and Safety Code, is
6-9 amended by adding Subsection (d) to read as follows:
6-10 (d) The authority may sell and lease land owned by the
6-11 authority that is not part of a licensed disposal site.
6-12 SECTION 10. Sections 402.152(d) and (e), Health and Safety
6-13 Code, are amended to read as follows:
6-14 (d) The commission <department> shall complete its review of
6-15 the completeness and administrative sufficiency of the application
6-16 within 30 days of receipt of the application from the authority.
6-17 The authority shall promptly respond to the commission's
6-18 <department's> requests for additional documentation or other
6-19 information in order for the commission <department> to complete
6-20 its sufficiency review of the application. If the commission
6-21 <department> does not inform the authority within 45 days of
6-22 receipt of the application that the application is administratively
6-23 sufficient, the application is presumed to be administratively
6-24 sufficient.
6-25 (e) The commission <department> shall:
6-26 (1) complete all activities associated with the review
6-27 and processing of an application, including the publication of an
7-1 environmental assessment, if required, but excluding public
7-2 hearings, and either propose to issue or deny a license for the
7-3 operation of the site no later than 15 months after the date that
7-4 the application is declared or presumed to be administratively
7-5 sufficient; and
7-6 (2) give priority to the review of the application
7-7 over all other radioactive materials and waste licensing and
7-8 registration matters pending before the commission <department>.
7-9 SECTION 11. Section 402.183(c), Health and Safety Code, is
7-10 amended to read as follows:
7-11 (c) If practicable, a person who contracts with the
7-12 authority shall obtain necessary supplies, equipment, and material
7-13 for use under that contract from sources located in the host county
7-14 <in which the disposal site is located> and shall employ required
7-15 personnel from that county.
7-16 SECTION 12. Section 402.213, Health and Safety Code, as
7-17 amended by Section 4, Chapter 583, and Section 4, Chapter 804, Acts
7-18 of the 72nd Legislature, Regular Session, 1991, is reenacted to
7-19 read as follows:
7-20 Sec. 402.213. Contract Authority of Board. In contracting
7-21 with a contract operator, the board may:
7-22 (1) select the contract operator before it obtains the
7-23 license for the disposal site so that the board may allow the
7-24 contract operator to advise and consult with the board, general
7-25 manager, and staff of the authority on the design and disposal
7-26 plans for the site;
7-27 (2) require the contract operator to make all tests,
8-1 keep all records, and prepare all reports required by licenses
8-2 issued for disposal site operations;
8-3 (3) require standards of performance;
8-4 (4) require posting of a bond or other financial
8-5 security by the contract operator to ensure safe operation and
8-6 decommissioning of the disposal site; and
8-7 (5) establish other requirements, including operator
8-8 liability requirements, necessary to assure that the disposal site
8-9 is properly operated and that the public health and safety and the
8-10 environment are protected.
8-11 SECTION 13. Section 402.214, Health and Safety Code, is
8-12 amended to read as follows:
8-13 Sec. 402.214. PROVISIONS OF OPERATION CONTRACT. A contract
8-14 to operate a disposal site must specify that:
8-15 (1) the board retains management authority over the
8-16 disposal site and may monitor and inspect any part of the site and
8-17 operations on the site at any time;
8-18 (2) the contract operator must operate the disposal
8-19 site in a manner that complies with the law and licenses regulating
8-20 operations at the site that are issued by the commission
8-21 <department> and the federal government;
8-22 (3) the contract operator must comply with rules
8-23 adopted by the board that govern operation of the disposal site;
8-24 and
8-25 (4) the contract is subject to termination after
8-26 notice and hearing if the contract operator fails to comply with a
8-27 license issued for the disposal site by the commission <department>
9-1 or by the federal government, fails to comply with the rules of the
9-2 authority, or fails to comply with the contract.
9-3 SECTION 14. Section 402.219(c), Health and Safety Code, is
9-4 amended to read as follows:
9-5 (c) The state may enter into compacts with another state or
9-6 several states for the disposal in this state of low-level
9-7 radioactive waste only if the compact:
9-8 (1) limits the total volume of all low-level
9-9 radioactive waste to be disposed of in this state from the other
9-10 state or states to 20 percent of the annual average of low-level
9-11 radioactive waste that the governor projects will be produced in
9-12 this state from the years 1995 through 2045;
9-13 (2) gives this state full administrative control over
9-14 management and operation of the disposal site;
9-15 (3) requires the other state or states to join this
9-16 state in any legal action necessary to prevent states that are not
9-17 members of the compact from disposing of low-level radioactive
9-18 waste at the disposal site;
9-19 (4) allows this state to charge a fee for the disposal
9-20 of low-level radioactive waste at the disposal site;
9-21 (5) requires the other state or states to join in any
9-22 legal action involving liability from the disposal site;
9-23 (6) requires the other state or states to share the
9-24 full cost of constructing the disposal site;
9-25 (7) allows this state to regulate, in accordance with
9-26 federal law, the means and routes of transportation of the
9-27 low-level radioactive waste in this state;
10-1 (8) requires the other state or states to pay for
10-2 community assistance projects selected by the host county in <which
10-3 the disposal site is located> an amount not less than $1 million or
10-4 10 percent of the amount contributed by the other state or states;
10-5 (9) is agreed to by the Texas Legislature, the
10-6 legislature of the other state or states, and the United States
10-7 Congress; and
10-8 (10) complies with all applicable federal law.
10-9 SECTION 15. Section 402.220, Health and Safety Code, is
10-10 amended by adding Subsections (c), (d), and (e) to read as follows:
10-11 (c) The authority may construct facilities and procure
10-12 equipment required to provide fire, police, and emergency medical
10-13 services needed to support the disposal site.
10-14 (d) The facilities shall be:
10-15 (1) constructed proximate to the disposal site or in
10-16 the nearest community, as determined by the board; and
10-17 (2) in operation before the first day of operation of
10-18 the disposal site.
10-19 (e) The board may contract with local governments, political
10-20 subdivisions, or nonprofit corporations to operate these
10-21 facilities.
10-22 SECTION 16. Section 402.228(b), Health and Safety Code, is
10-23 amended to read as follows:
10-24 (b) On completion of decommissioning activities and receipt
10-25 of necessary approval from federal and state agencies, the board
10-26 shall, if required by law, transfer to the commission <department>
10-27 fee simple title to the disposal site.
11-1 SECTION 17. Subchapter I, Chapter 402, Health and Safety
11-2 Code, is amended to read as follows:
11-3 SUBCHAPTER I. LOCAL PUBLIC PROJECTS <IMPACT ASSISTANCE>
11-4 Sec. 402.251. DEFINITION <LOW-LEVEL RADIOACTIVE WASTE
11-5 DISPOSAL IMPACT ASSISTANCE>. In this subchapter, "local" means
11-6 located in the host county <The citizen's advisory committee shall
11-7 coordinate and make recommendations to the board concerning
11-8 requests from affected political subdivisions for assistance to
11-9 compensate for impacts associated with the disposal site and
11-10 allocations of impact assistance funds>.
11-11 Sec. 402.252. Local Public Projects <Rules for Impact
11-12 Assistance>. (a) The board shall quarterly transfer money in
11-13 the low-level waste fund generated by planning and implementation
11-14 fee surcharges under Sections 402.2721(e) and (f), and that portion
11-15 of waste disposal fees identifiable as adopted for the purposes of
11-16 Sections 402.273(a)(3) and (b) to the commissioners court of the
11-17 host county.
11-18 (b) The commissioners court of the host county may:
11-19 (1) spend the money for local public projects; or
11-20 (2) disburse the money to other local entities or to
11-21 public nonprofit corporations to be spent for local public
11-22 projects.
11-23 (c) Money received from the low-level waste fund under this
11-24 section may be spent only for local public projects that are for
11-25 the use and benefit of the public at large. The board shall adopt
11-26 guidelines for the expenditure of money received under this
11-27 section, and the commissioners court shall spend or disburse the
12-1 money for use according to those guidelines.
12-2 (d) Annually the commissioners court shall provide to the
12-3 board a detailed accounting of the money held, expended, or
12-4 disbursed by the county. <The committee shall adopt rules
12-5 establishing:>
12-6 <(1) criteria for determining the adverse effect that
12-7 the construction and operation of a disposal site will have on
12-8 affected political subdivisions;>
12-9 <(2) priorities of needs for affected political
12-10 subdivisions; and>
12-11 <(3) methods for monitoring the uses and effectiveness
12-12 of impact assistance funds allocated to affected political
12-13 subdivisions under this chapter.>
12-14 Sec. 402.253. EXEMPTION OF FUNDS FROM REVIEW <IMPACT
12-15 ASSISTANCE ALLOCATION>. Funds received by the commissioners court
12-16 of the host county for local public projects are not loans or
12-17 grants-in-aid subject to review by a regional planning commission
12-18 under Chapter 391, Local Government Code. <(a) The committee
12-19 shall annually prepare and recommend to the board for final
12-20 approval a budget that allocates impact assistance funds to
12-21 affected political subdivisions.>
12-22 <(b) The committee shall allocate to each affected political
12-23 subdivision the amount required for impact assistance as provided
12-24 by this subchapter.>
12-25 <(c) Each affected political subdivision must show impact on
12-26 it by providing adequate supporting information to the committee.>
12-27 <(d) Except as provided by Subsection (e), an affected
13-1 political subdivision may not receive as impact assistance more
13-2 than the amount equal to the product of the amount designated by
13-3 the board under this chapter as available for impact assistance
13-4 allocation and the ratio of each affected political subdivision's
13-5 assessed tax valuation to the total assessed tax valuation of all
13-6 the affected political subdivisions.>
13-7 <(e) If the amount determined for an affected political
13-8 subdivision under Subsection (d) is less than the actual amount
13-9 that the affected political subdivision shows to be required for
13-10 impact assistance, the committee may allocate to the affected
13-11 political subdivision an amount that exceeds the determined amount
13-12 if all affected political subdivisions do not qualify for their
13-13 maximum allocations permitted under Subsection (d).>
13-14 <Sec. 402.254. EXEMPTION OF FUNDS FROM REVIEW. Impact
13-15 assistance funds received by affected political subdivisions under
13-16 this subchapter are not loans or grants-in-aid subject to review by
13-17 a regional planning commission under Chapter 391, Local Government
13-18 Code.>
13-19 SECTION 18. Sections 402.272(a) and (b), Health and Safety
13-20 Code, are amended to read as follows:
13-21 (a) The board shall have collected a waste disposal fee to
13-22 be paid by each person who delivers low-level waste to the
13-23 authority for disposal. <Additionally, the board shall collect a
13-24 low-level radioactive waste planning and implementation fee. These
13-25 fees shall as closely as possible allow the board to reimburse
13-26 itself for the present costs of administering, implementing, and
13-27 planning the activities authorized by this chapter and to reimburse
14-1 the general revenue fund for the expenses incurred and paid by the
14-2 authority in selecting, seeking approval for, and constructing a
14-3 disposal site. Money received from these fees shall be deposited
14-4 in the state treasury to the credit of the fund which since the
14-5 creation of the authority was the source for funds used to pay the
14-6 expenses of administering these low-level radioactivity waste
14-7 disposal activities.>
14-8 (b) The board by rule shall adopt and periodically revise
14-9 waste disposal fees according to a schedule that is based on the
14-10 projected annual volume of low-level waste received, <and> the
14-11 relative hazard presented by each type of low-level waste that is
14-12 generated by the users of radioactive materials, and the costs
14-13 identified in Section 402.273. <The board by rule shall establish
14-14 minimum and maximum annual fees which are to be calculated and
14-15 assessed based upon the factors contained in Subsection (a) above.>
14-16 SECTION 19. Section 402.2721, Health and Safety Code, is
14-17 amended to read as follows:
14-18 Sec. 402.2721. Planning and Implementation Fees. (a) The
14-19 board shall adopt and periodically revise a planning and
14-20 implementation fee to be paid by each person in this state who is
14-21 licensed by the department pursuant to the Texas Radiation Control
14-22 Act, or by the United States Nuclear Regulatory Commission pursuant
14-23 to the Atomic Energy Act to possess or use radioactive material or
14-24 to own or operate a production or utilization facility or other
14-25 fixed nuclear facility in this state.
14-26 (b) This fee shall be in an amount that is sufficient to
14-27 allow the authority to recover present and future costs of
15-1 administering, implementing, and planning the activities authorized
15-2 by this chapter before the operation of a disposal site and to
15-3 reimburse the general revenue fund for expenses incurred and paid
15-4 by the authority in selecting, characterizing, and licensing a
15-5 disposal site.
15-6 (c) This fee does not apply to health care providers or
15-7 institutions of higher education until a state disposal facility is
15-8 available to receive the generated wastes.
15-9 (d) <(b)> Fees established under this section shall:
15-10 (1) include minimum and maximum annual fees in an
15-11 amount of at least $5 million for the 1992-1993 biennium to pay for
15-12 the estimated costs of administering, implementing, and planning
15-13 the activities authorized by this chapter and shall include at
15-14 least $5 million to reimburse the general revenue fund for
15-15 appropriations expended and incurred by the authority in selecting,
15-16 characterizing, and licensing a disposal site;
15-17 (2) take into account, the projected annual volume and
15-18 the relative hazard presented by each type of low-level waste
15-19 generated;
15-20 (3) be collected by the department as provided by
15-21 Subchapter H, Chapter 401;
15-22 (4) be deposited in the state treasury to the credit
15-23 of the low-level waste fund, except that at least $10 million
15-24 assessed and collected in the 1992-1993 biennium to reimburse the
15-25 general revenue fund for expenses incurred prior to September 1,
15-26 1991, shall be deposited in the state treasury to the credit of the
15-27 general revenue fund;
16-1 (5) be paid in four quarterly equal installments
16-2 beginning on January 1, 1992, and annually thereafter; and
16-3 (6) expire on the date the authority begins operation
16-4 of a disposal facility.
16-5 (e) For the 1996-1997 biennium and subsequent bienniums, the
16-6 board shall assess a surcharge of 10 percent of the fee established
16-7 for the biennium.
16-8 (f) For the 1994-1995 biennium only, the board shall assess
16-9 a surcharge of 10 percent of the fee established for the 1992-1993
16-10 biennium.
16-11 (g) Surcharges assessed under Subsections (e) and (f) shall
16-12 be used to fund local public projects under Subchapter I.
16-13 (h) <(c)> In determining relative hazard, the board shall
16-14 consider the radioactive, physical, and chemical properties of each
16-15 type of low-level waste.
16-16 SECTION 20. Section 402.273, Health and Safety Code, is
16-17 amended to read as follows:
16-18 Sec. 402.273. Waste Disposal Fee Criteria. (a) Waste
16-19 disposal fees adopted by the board must be sufficient to:
16-20 (1) allow the authority to recover operating and
16-21 maintenance costs;
16-22 (2) provide an amount necessary to meet future costs
16-23 of decommissioning, closing, and postclosure maintenance and
16-24 surveillance of the disposal site;
16-25 (3) provide an amount to fund local public projects
16-26 under Subchapter I <compensate for impacts associated with the
16-27 disposal site>;
17-1 (4) provide an amount sufficient to fund, in whole or
17-2 in part, a rangeland and wildlife management plan;
17-3 (5) provide an amount necessary to pay licensing fees
17-4 and to provide security required by the department under law and
17-5 department rules; and
17-6 (6) provide an amount necessary to fund debt service
17-7 and necessary fees and charges, including insurance premiums and
17-8 similar costs, associated with the issuance and payment of bonds
17-9 under Subchapter K.
17-10 (b) <If the authority does not issue bonds under Subchapter
17-11 K, the waste disposal fees must also include an amount sufficient
17-12 to allow the authority to recover expenses incurred before
17-13 beginning operation of the disposal site amortized over a period of
17-14 not more than 20 years beginning on the first day of operation of
17-15 the disposal site.>
17-16 <(c)> The amount required by Subsection (a)(3) <and
17-17 designated by the board as available for impact assistance
17-18 allocation under this chapter> may not be less than 10 percent of
17-19 the annual gross receipts from waste received at the disposal site
17-20 <and may not exceed $300,000 a year for each generator of low-level
17-21 waste. However, during periods of unusual volume generation caused
17-22 by unscheduled refueling, unplanned outages, special maintenance,
17-23 or system decontamination and decommissioning, the amount payable
17-24 by the affected generator may not exceed $500,000 a year for two
17-25 consecutive years>.
17-26 SECTION 21. Sections 402.275(c), (d), (e), (f), (g), and
17-27 (h), Health and Safety Code, are amended to read as follows:
18-1 (c) Money received by the authority, including waste
18-2 disposal fees, planning and implementation fees, surcharges on
18-3 planning and implementation fees, processing and packaging fees,
18-4 civil penalties, payments to the State of Texas under Public Law
18-5 99-240, and other receipts collected by the authority under this
18-6 chapter shall be deposited to the credit of the low-level waste
18-7 fund.
18-8 (d) Except as provided by Subsection (f) <(g)>, money in the
18-9 low-level waste fund may be used to pay:
18-10 (1) operating and maintenance costs of the authority;
18-11 (2) future costs of decommissioning, closing, and
18-12 postclosure maintenance and surveillance of the disposal site;
18-13 (3) licensing fees and to provide security required by
18-14 the department;
18-15 (4) money judgments rendered against the authority
18-16 that are directed by a court of this state to be paid from this
18-17 fund;
18-18 (5) expenses associated with implementation of the
18-19 rangeland and wildlife management plan;
18-20 (6) funds for local public projects under Subchapter I
18-21 <impact assistance funds for affected political subdivisions>;
18-22 (7) debt service and necessary fees and charges,
18-23 including insurance premiums and similar costs, associated with the
18-24 issuance and payment of bonds under Subchapter K; and
18-25 (8) expenses for any other purpose under this chapter.
18-26 (e) <If the authority does not issue bonds under Subchapter
18-27 K, money in the low-level waste fund may be used to reimburse the
19-1 general revenue fund for expenses incurred by the state before the
19-2 first day of operation of the disposal site and for any other
19-3 maintenance and operating expenses paid by appropriation from the
19-4 general revenue fund.>
19-5 <(f)> A payment for debt service and related costs under
19-6 Subsection (d)(7) has priority for payment from the low-level waste
19-7 fund over a payment for another expense authorized by Subsection
19-8 (d).
19-9 (f) <(g)> Payments to this state under Public Law 99-240 may
19-10 be used only for the purposes stated in the federal law.
19-11 (g) <(h)> The authority may transfer money from the
19-12 low-level waste fund to the radiation and perpetual care fund to
19-13 make payments required by the department under Section 401.303.
19-14 SECTION 22. Section 402.056, Health and Safety Code, is
19-15 repealed.
19-16 SECTION 23. (a) The surcharge imposed by Section
19-17 402.2721(f), Health and Safety Code, as added by this Act, shall be
19-18 assessed not later than November 30, 1993.
19-19 (b) The money received by the Hudspeth County Commissioners
19-20 Court under Section 402.252, Health and Safety Code, as amended by
19-21 this Act, in the 1994-1995 biennium may be spent only on local
19-22 public projects that are located within 10 miles of the disposal
19-23 site.
19-24 SECTION 24. The importance of this legislation and the
19-25 crowded condition of the calendars in both houses create an
19-26 emergency and an imperative public necessity that the
19-27 constitutional rule requiring bills to be read on three several
20-1 days in each house be suspended, and this rule is hereby suspended,
20-2 and that this Act take effect and be in force from and after its
20-3 passage, and it is so enacted.