1-1 By: Zaffirini, Rosson S.B. No. 1127
1-2 (In the Senate - Filed March 12, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Natural Resources;
1-4 May 7, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; May 7, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Sims x
1-10 Truan x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Brown x
1-15 Carriker x
1-16 Lucio x
1-17 Montford x
1-18 Ratliff x
1-19 Shelley x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 1127 By: Shelley
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to rules adopted by the Texas Board of Health regarding
1-24 the transportation and routing of radioactive material and waste.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Section 401.052, Health and Safety Code, is
1-27 amended to read as follows:
1-28 Sec. 401.052. RULES <AND GUIDELINES> FOR TRANSPORTATION AND
1-29 ROUTING. (a) The board shall adopt rules <and guidelines> that
1-30 provide for transportation and routing of radioactive material and
1-31 waste in this state.
1-32 (b) Rules adopted under this section for radioactive waste
1-33 shall:
1-34 (1) to the extent practicable, be compatible with
1-35 United States Department of Transportation and United States
1-36 Nuclear Regulatory Commission regulations relating to the
1-37 transportation of radioactive waste;
1-38 (2) require each shipper and transporter of
1-39 radioactive waste to adopt an emergency plan approved by the
1-40 department for responding to transportation accidents;
1-41 (3) require the notification and reporting of
1-42 accidents to the department and to local emergency planning
1-43 committees in the county where the accident occurs;
1-44 (4) require each shipper to adopt a quality control
1-45 program approved by the department to verify that shipping
1-46 containers are suitable for shipment to a licensed disposal
1-47 facility; and
1-48 (5) assess a fee on shippers for shipments to a Texas
1-49 low-level radioactive waste disposal facility of radioactive waste
1-50 originating in Texas or out of state.
1-51 (c) In promulgating rules under this section, the board
1-52 shall consult with the advisory board and the Texas Natural
1-53 Resource Conservation Commission.
1-54 (d)(1) Fees assessed under this section shall:
1-55 (A) not exceed $10 per cubic foot of shipped
1-56 radioactive waste;
1-57 (B) be collected by the authority and deposited
1-58 to the credit of the radiation and perpetual care fund; and
1-59 (C) be used exclusively by the department for
1-60 emergency planning for and response to transportation accidents
1-61 involving radioactive waste.
1-62 (2) Fee assessments under this section shall be
1-63 suspended when the amount of fees collected reaches $500,000,
1-64 except that if the balance of fees collected is reduced to $350,000
1-65 or less, the assessments shall be reinstituted to bring the balance
1-66 of fees collected to $500,000.
1-67 (e) In this section:
1-68 (1) "Shipper" means a person who generates low-level
2-1 radioactive waste and ships or arranges with others to ship the
2-2 waste to a disposal site.
2-3 (2) "Authority" means the Texas Low-level Radioactive
2-4 Waste Disposal Authority.
2-5 SECTION 2. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended,
2-10 and that this Act take effect and be in force from and after its
2-11 passage, and it is so enacted.
2-12 * * * * *
2-13 Austin,
2-14 Texas
2-15 May 7, 1993
2-16 Hon. Bob Bullock
2-17 President of the Senate
2-18 Sir:
2-19 We, your Committee on Natural Resources to which was referred S.B.
2-20 No. 1127, have had the same under consideration, and I am
2-21 instructed to report it back to the Senate with the recommendation
2-22 that it do not pass, but that the Committee Substitute adopted in
2-23 lieu thereof do pass and be printed.
2-24 Sims,
2-25 Chairman
2-26 * * * * *
2-27 WITNESSES
2-28 FOR AGAINST ON
2-29 ___________________________________________________________________
2-30 Name: Susan Lee x
2-31 Representing: TX Nuclear Responsibility Netw
2-32 City: Leander
2-33 -------------------------------------------------------------------
2-34 Name: Bill Addington x
2-35 Representing: Save Sierra Blanca
2-36 City: Sierra Blanca
2-37 -------------------------------------------------------------------
2-38 Name: Roy Griffin, III x
2-39 Representing: ACES
2-40 City: El Paso
2-41 -------------------------------------------------------------------
2-42 Name: Lee Mathews x
2-43 Representing: TX L-L Rad Waste Disposal
2-44 City: Austin
2-45 -------------------------------------------------------------------
2-46 Name: Ruth E. McBurney x
2-47 Representing: TX Dept of Health
2-48 City: Austin
2-49 -------------------------------------------------------------------
2-50 Name: Ben Sebree x
2-51 Representing: Tx Mid-Continent Oil & Gas Ass
2-52 City: Austin
2-53 -------------------------------------------------------------------
2-54 Name: Richard Allen Ratliff x
2-55 Representing: Tx Dept of Health
2-56 City: Austin
2-57 -------------------------------------------------------------------
2-58 Name: Don R. Gardner x
2-59 Representing: Tx Nuclear Responsibility Net
2-60 City: Austin
2-61 -------------------------------------------------------------------