1-1 By: Earley (Senate Sponsor - Sims) H.B. No. 2623
1-2 (In the Senate - Received from the House May 13, 1993;
1-3 May 14, 1993, read first time and referred to Committee on Natural
1-4 Resources; May 21, 1993, reported favorably by the following vote:
1-5 Yeas 9, Nays 0; May 21, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the definition of by-product materials and naturally
1-22 occurring radioactive materials.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Section 401.003, Health and Safety Code, is
1-25 amended by amending Subdivision (18) and by adding Subdivisions
1-26 (24) and (25) to read as follows:
1-27 (18) "Radioactive waste" means radioactive material,
1-28 other than by-product material defined by Subdivision (3)(B), <or>
1-29 uranium ore, naturally occurring radioactive material waste, or oil
1-30 and gas NORM waste, that:
1-31 (A) is discarded or unwanted and is not exempt
1-32 by department rule adopted under Section 401.106 of this chapter;
1-33 or
1-34 (B) would require processing before it could
1-35 have a beneficial reuse.
1-36 (24) "Naturally occurring radioactive material waste"
1-37 or "NORM waste" means solid, liquid, or gaseous material or
1-38 combination of materials, excluding source material, special
1-39 nuclear material, and by-product material, that:
1-40 (A) in its natural physical state spontaneously
1-41 emits radiation;
1-42 (B) is discarded or unwanted; and
1-43 (C) is not exempt by department rule adopted
1-44 under Section 401.106 of this chapter.
1-45 (25) "Oil and gas NORM waste" means solid, liquid, or
1-46 gaseous material or combination of materials, excluding source
1-47 material, special nuclear material, and by-product material, that:
1-48 (A) in its natural physical state spontaneously
1-49 emits radiation;
1-50 (B) is discarded or unwanted;
1-51 (C) is not exempt by department rule adopted
1-52 under Section 401.106 of this chapter; and
1-53 (D) constitutes, is contained in, or has
1-54 contaminated oil and gas waste as that term is defined in Section
1-55 91.1011 of the Natural Resources Code.
1-56 SECTION 2. Chapter 401, Health and Safety Code, is amended
1-57 by amending the heading to Subchapter K and amending Sections
1-58 401.411 and 401.415 to read as follows:
1-59 SUBCHAPTER K. LICENSING AUTHORITY OF TEXAS NATURAL
1-60 RESOURCE CONSERVATION COMMISSION
1-61 AND THE RAILROAD COMMISSION OF TEXAS
1-62 Sec. 401.411. DEFINITION. In this subchapter, "radioactive
1-63 substance" includes by-product material, radioactive material,
1-64 radioactive waste, source material, source of radiation, <and>
1-65 special nuclear material, and naturally occurring radioactive
1-66 material waste as those terms are defined by Section 401.003, but
1-67 does not include oil and gas NORM waste as that term is defined by
1-68 Section 401.003.
2-1 Sec. 401.415. OIL AND GAS NORM WASTE. (a) Notwithstanding
2-2 any other provision of this chapter, the Railroad Commission of
2-3 Texas has sole authority to regulate and issue licenses, permits,
2-4 and orders for the disposal of oil and gas NORM waste. The
2-5 Railroad Commission of Texas may adopt any rules reasonably
2-6 necessary to exercise its authority under this section.
2-7 (b) The Railroad Commission of Texas may enforce this
2-8 section or any rule, order, license, or permit adopted or issued
2-9 under this section in the manner and subject to the conditions
2-10 provided in Title 3 of the Natural Resources Code, including the
2-11 authority to seek and obtain civil penalties and injunctive relief
2-12 as provided in that title.
2-13 (c) The Railroad Commission of Texas shall consult with the
2-14 department and the Texas Natural Resource Conservation Commission
2-15 as appropriate regarding administration of this section. <The
2-16 Texas Natural Resource Conservation Commission shall consult with
2-17 the Railroad Commission of Texas before adopting any rules
2-18 necessary to exercise its authority over the regulation of
2-19 naturally occurring radioactive materials (NORM) that occur from
2-20 the exploration and production of oil and gas. The Texas Natural
2-21 Resource Conservation Commission and the Railroad Commission of
2-22 Texas shall adopt a memorandum of understanding defining their
2-23 respective enforcement duties, with preference given to enforcement
2-24 by the Railroad Commission of Texas for the enforcement of
2-25 oil-related and gas-related NORM activities.>
2-26 SECTION 3. The importance of this legislation and the
2-27 crowded condition of the calendars in both houses create an
2-28 emergency and an imperative public necessity that the
2-29 constitutional rule requiring bills to be read on three several
2-30 days in each house be suspended, and this rule is hereby suspended,
2-31 and that this Act take effect and be in force from and after its
2-32 passage, and it is so enacted.
2-33 * * * * *
2-34 Austin,
2-35 Texas
2-36 May 21, 1993
2-37 Hon. Bob Bullock
2-38 President of the Senate
2-39 Sir:
2-40 We, your Committee on Natural Resources to which was referred H.B.
2-41 No. 2623, have had the same under consideration, and I am
2-42 instructed to report it back to the Senate with the recommendation
2-43 that it do pass and be printed.
2-44 Sims,
2-45 Chairman
2-46 * * * * *
2-47 WITNESSES
2-48 FOR AGAINST ON
2-49 ___________________________________________________________________
2-50 Name: Floyd Bowen x
2-51 Representing: Exxon
2-52 City: Austin
2-53 -------------------------------------------------------------------
2-54 Name: Jack Erskine x
2-55 Representing: AMOCO
2-56 City: Austin
2-57 -------------------------------------------------------------------
2-58 Name: J. Neal Miller, Jr. x
2-59 Representing: The Chevron Companies
2-60 City: Austin
2-61 -------------------------------------------------------------------
2-62 FOR AGAINST ON
2-63 ___________________________________________________________________
2-64 Name: David Sebree x
2-65 Representing: Dupont
2-66 City: Austin
2-67 -------------------------------------------------------------------
2-68 Name: K. Daniel Hinkle x
2-69 Representing: Meridian
2-70 City: Austin
3-1 -------------------------------------------------------------------
3-2 Name: Steve Perry x
3-3 Representing: Texaco
3-4 City: Austin
3-5 -------------------------------------------------------------------
3-6 Name: Allan W. Dees x
3-7 Representing: Texaco E & P Inc.
3-8 City: Midland
3-9 -------------------------------------------------------------------
3-10 Name: Ben Sebree x
3-11 Representing: Texas Mid-Continent O & Gas
3-12 City: Austin
3-13 -------------------------------------------------------------------
3-14 Name: Amy Gilliland x
3-15 Representing: TIPRO
3-16 City: Austin
3-17 -------------------------------------------------------------------
3-18 Name: Eileen Campbell x
3-19 Representing: Marathon
3-20 City: Houston
3-21 -------------------------------------------------------------------