S.B. No. 1206
                                        AN ACT
    1-1  relating to the Texas Low-Level Radioactive Waste Disposal Compact.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Subtitle D, Title 5, Health and Safety Code, is
    1-4  amended by adding Chapter 403 to read as follows:
    1-5   CHAPTER 403.  TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT
    1-6        Sec. 403.001.  MEMBERS OF COMMISSION.  (a)  The governor
    1-7  shall appoint six members to represent this state on the commission
    1-8  established by Article III of the Texas Low-Level Radioactive Waste
    1-9  Disposal Compact.  One of the voting members of the compact
   1-10  commission shall be a legal resident of Hudspeth County, Texas.
   1-11        (b)  The governor may provide an alternate for each
   1-12  commissioner appointed under this section.
   1-13        Sec. 403.002.  TERMS OF COMMISSION MEMBERS; VACANCY.  A host
   1-14  state commissioner serves for a term of six years and until a
   1-15  successor is appointed and qualified.  A vacancy in the office of
   1-16  commissioner is filled for the unexpired term by appointment of the
   1-17  governor.
   1-18        Sec. 403.003.  OATH.  A host state commissioner shall take
   1-19  the constitutional oath of office and shall also take an oath to
   1-20  faithfully perform the duties of commissioner.
   1-21        Sec. 403.004.  COMPENSATION.  A host state commissioner is
   1-22  not entitled to compensation for performing the duties of
   1-23  commissioner but is entitled to reimbursement for actual and
   1-24  necessary expenses incurred in the performance of the duties of
    2-1  commissioner.
    2-2        Sec. 403.005.  POWERS AND DUTIES.  The Texas Low-Level
    2-3  Radioactive Waste Disposal Compact Commission and the members of
    2-4  the commission have the powers and duties prescribed by the
    2-5  compact.  The members of the commission are responsible for
    2-6  administering the provisions of the compact.
    2-7        Sec. 403.006.  TEXT OF COMPACT.  The Texas Low-Level
    2-8  Radioactive Waste Disposal Compact reads as follows:
    2-9                    ARTICLE I.  POLICY AND PURPOSE
   2-10        Sec. 1.01.  The party states recognize a responsibility for
   2-11  each state to seek to manage low-level radioactive waste generated
   2-12  within its boundaries, pursuant to the Low-Level Radioactive Waste
   2-13  Policy Act, as amended by the Low-Level Radioactive Waste Policy
   2-14  Amendments Act of 1985 (42 U.S.C. Sections 2021b-2021j).  They also
   2-15  recognize that the United States Congress, by enacting the Act, has
   2-16  authorized and encouraged states to enter into compacts for the
   2-17  efficient management and disposal of low-level radioactive waste.
   2-18  It is the policy of the party states to cooperate in the protection
   2-19  of the health, safety, and welfare of their citizens and the
   2-20  environment and to provide for and encourage the economical
   2-21  management and disposal of low-level radioactive waste.  It is the
   2-22  purpose of this compact to provide the framework for such a
   2-23  cooperative effort; to promote the health, safety, and welfare of
   2-24  the citizens and the environment of the party states; to limit the
   2-25  number of facilities needed to effectively, efficiently, and
   2-26  economically manage low-level radioactive waste and to encourage
   2-27  the reduction of the generation  thereof; and to distribute the
    3-1  costs, benefits, and obligations among the party states; all in
    3-2  accordance with the terms of this compact.
    3-3                       ARTICLE II.  DEFINITIONS
    3-4        Sec. 2.01.  As used in this compact, unless the context
    3-5  clearly indicates otherwise, the following definitions apply:
    3-6              (1)  "Act" means the Low-Level Radioactive Waste Policy
    3-7  Act, as amended by the Low-Level Radioactive Waste Policy
    3-8  Amendments Act of 1985 (42 U.S.C. Sections 2021b-2021j).
    3-9              (2)  "Commission" means the Texas Low-Level Radioactive
   3-10  Waste Disposal Compact Commission established in Article III of
   3-11  this compact.
   3-12              (3)  "Compact facility" or "facility" means any site,
   3-13  location, structure, or property located in and provided by the
   3-14  host state for the purpose of management or disposal of low-level
   3-15  radioactive waste for which the party states are responsible.
   3-16              (4)  "Disposal" means the permanent isolation of
   3-17  low-level radioactive waste pursuant to requirements established by
   3-18  the United States Nuclear Regulatory Commission and the United
   3-19  States Environmental Protection Agency under applicable laws, or by
   3-20  the host state.
   3-21              (5)  "Generate," when used in relation to low-level
   3-22  radioactive waste, means to produce low-level radioactive waste.
   3-23              (6)  "Generator" means a person who produces or
   3-24  processes low-level radioactive waste in the course of its
   3-25  activities, excluding persons who arrange for the collection,
   3-26  transportation, management, treatment, storage, or disposal of
   3-27  waste generated outside the party states, unless approved by the
    4-1  commission.
    4-2              (7)  "Host county" means a county in the host state in
    4-3  which a disposal facility is located or is being developed.
    4-4              (8)  "Host state" means a party state in which a
    4-5  compact facility is located or is being developed.  The state of
    4-6  Texas is the host state under this compact.
    4-7              (9)  "Institutional control period" means that period
    4-8  of time following closure of the facility and transfer of the
    4-9  facility license from the operator to the custodial agency in
   4-10  compliance with the appropriate regulations for long-term
   4-11  observation and maintenance.
   4-12              (10)  "Low-level radioactive waste" has the same
   4-13  meaning as that term is defined in Section 2(9) of the Act (42
   4-14  U.S.C. Section 2021b(9)), or in the host state statute so long as
   4-15  the waste is not incompatible with management and disposal at the
   4-16  compact facility.
   4-17              (11)  "Management" means collection, consolidation,
   4-18  storage, packaging, or treatment.
   4-19              (12)  "Operator" means a person who operates a disposal
   4-20  facility.
   4-21              (13)  "Party state" means any state that has become a
   4-22  party in accordance with Article VII of this compact.  Texas,
   4-23  Maine, and Vermont are initial party states under this compact.
   4-24              (14)  "Person" means an individual, corporation,
   4-25  partnership, or other legal entity, whether public or private.
   4-26              (15)  "Transporter" means a person who transports
   4-27  low-level radioactive waste.
    5-1                     ARTICLE III.  THE COMMISSION
    5-2        Sec. 3.01.  There is hereby established the Texas Low-Level
    5-3  Radioactive Waste Disposal Compact Commission.  The commission
    5-4  shall consist of one voting member from each party state except
    5-5  that the host state shall be entitled to six voting members.
    5-6  Commission members shall be appointed by the party state governors,
    5-7  as provided by the laws of each party state.  Each party state may
    5-8  provide alternates for each appointed member.
    5-9        Sec. 3.02.  A quorum of the commission consists of a majority
   5-10  of the members.  Except as otherwise provided in this compact, an
   5-11  official act of the commission must receive the affirmative vote of
   5-12  a majority of its members.
   5-13        Sec. 3.03.  The commission is a legal entity separate and
   5-14  distinct from the party states and has governmental immunity to the
   5-15  same extent as an entity created under the authority of Article
   5-16  XVI, Section 59, of the Texas Constitution.  Members of the
   5-17  commission shall not be personally liable for actions taken in
   5-18  their official capacity.  The liabilities of the commission shall
   5-19  not be deemed liabilities of the party states.
   5-20        Sec. 3.04.  The commission shall:
   5-21              (1)  Compensate its members according to the host
   5-22  state's law.
   5-23              (2)  Conduct its business, hold meetings, and maintain
   5-24  public records pursuant to laws of the host state, except that
   5-25  notice of public meetings shall be given in the nonhost party
   5-26  states in accordance with their respective statutes.
   5-27              (3)  Be located in the capital city of the host state.
    6-1              (4)  Meet at least once a year and upon the call of the
    6-2  chair, or any member.  The governor of the host state shall appoint
    6-3  a chair and vice-chair.
    6-4              (5)  Keep an accurate account of all receipts and
    6-5  disbursements.  An annual audit of the books of the commission
    6-6  shall be conducted by an independent certified public accountant,
    6-7  and the audit report shall be made a part of the annual report of
    6-8  the commission.
    6-9              (6)  Approve a budget each year and establish a fiscal
   6-10  year that conforms to the fiscal year of the host state.
   6-11              (7)  Prepare, adopt, and implement contingency plans
   6-12  for the disposal and management of low-level radioactive waste in
   6-13  the event that the compact facility should be closed.  Any plan
   6-14  which requires the host state to store or otherwise manage the
   6-15  low-level radioactive waste from all the party states must be
   6-16  approved by at least four host state members of the commission.
   6-17  The commission, in a contingency plan or otherwise, may not require
   6-18  a nonhost party state to store low-level radioactive waste
   6-19  generated outside of the state.
   6-20              (8)  Submit communications to the governors and to the
   6-21  presiding officers of the legislatures of the party states
   6-22  regarding the activities of the commission, including an annual
   6-23  report to be submitted on or before January 31 of each year.
   6-24              (9)  Assemble and make available to the party states
   6-25  and to the public information concerning low-level radioactive
   6-26  waste management needs, technologies, and problems.
   6-27              (10)  Keep a current inventory of all generators within
    7-1  the party states, based upon information provided by the party
    7-2  states.
    7-3              (11)  By no later than 180 days after all members of
    7-4  the commission are appointed under Section 3.01 of this article,
    7-5  establish by rule the total volume of low-level radioactive waste
    7-6  that the host state will dispose of in the compact facility in the
    7-7  years 1995-2045, including decommissioning waste.  The shipments of
    7-8  low-level radioactive waste from all nonhost party states shall not
    7-9  exceed 20 percent of the volume estimated to be disposed of by the
   7-10  host state during the 50-year period.  When averaged over such
   7-11  50-year period, the total of all shipments from nonhost party
   7-12  states shall not exceed 20,000 cubic feet a year.  The commission
   7-13  shall coordinate the volumes, timing, and frequency of shipments
   7-14  from generators in the nonhost party states in order to assure that
   7-15  over the life of this agreement shipments from the nonhost party
   7-16  states do not exceed 20 percent of the volume projected by the
   7-17  commission under this paragraph.
   7-18        Sec. 3.05.  The commission may:
   7-19              (1)  Employ staff necessary to carry out its duties and
   7-20  functions.  The commission is authorized to use to the extent
   7-21  practicable the services of existing employees of the party states.
   7-22  Compensation shall be as determined by the commission.
   7-23              (2)  Accept any grants, equipment, supplies, materials,
   7-24  or services, conditional or otherwise, from the federal or state
   7-25  government.  The nature, amount, and condition, if any, of any
   7-26  donation, grant, or other resources accepted pursuant to this
   7-27  paragraph and the identity of the donor or grantor shall be
    8-1  detailed in the annual report of the commission.
    8-2              (3)  Enter into contracts to carry out its duties and
    8-3  authority, subject to projected resources.  No contract made by the
    8-4  commission shall bind a party state.
    8-5              (4)  Adopt, by a majority vote, bylaws and rules
    8-6  necessary to carry out the terms of this compact.  Any rules
    8-7  promulgated by the commission shall be adopted in accordance with
    8-8  the Administrative Procedure and Texas Register Act (Article
    8-9  6252-13a, Vernon's Texas Civil Statutes).
   8-10              (5)  Sue and be sued and, when authorized by a majority
   8-11  vote of the members, seek to intervene in administrative or
   8-12  judicial proceedings related to this compact.
   8-13              (6)  Enter into an agreement with any person, state,
   8-14  regional body, or group of states for the importation of low-level
   8-15  radioactive waste into the compact for management or disposal,
   8-16  provided that the agreement receives a majority vote of the
   8-17  commission.  The commission may adopt such conditions and
   8-18  restrictions in the agreement as it deems advisable.
   8-19              (7)  Upon petition, allow an individual generator, a
   8-20  group of generators, or the host state of the compact to export
   8-21  low-level radioactive waste to a low-level radioactive waste
   8-22  disposal facility located outside the party states.  The commission
   8-23  may approve the petition only by a majority vote of its members.
   8-24  The permission to export low-level radioactive waste shall be
   8-25  effective for that period of time and for the specified amount of
   8-26  low-level radioactive waste, and subject to any other term or
   8-27  condition, as is determined by the commission.
    9-1              (8)  Monitor the exportation outside of the party
    9-2  states of material which otherwise meets the criteria of low-level
    9-3  radioactive waste, where the sole purpose of the exportation is to
    9-4  manage or process the material for recycling or waste reduction and
    9-5  return it to the party states for disposal in the compact facility.
    9-6        Sec. 3.06.  Jurisdiction and venue of any action contesting
    9-7  any action of the commission shall be in the United States District
    9-8  Court in the district where the commission maintains its office.
    9-9        Article IV.  Rights, Responsibilities, and Obligations
   9-10                            of Party States
   9-11        Sec. 4.01.  The host state shall develop and have full
   9-12  administrative control over the development, management, and
   9-13  operation of a facility for the disposal of low-level radioactive
   9-14  waste generated within the party states.  The host state shall be
   9-15  entitled to unlimited use of the facility over its operating life.
   9-16  Use of the facility by the nonhost party states for disposal of
   9-17  low-level radioactive waste, including such waste resulting from
   9-18  decommissioning of any nuclear electric generation facilities
   9-19  located in the party states, is limited to the volume requirements
   9-20  of Section 3.04(11) of Article III.
   9-21        Sec. 4.02.  Low-level radioactive waste generated within the
   9-22  party states shall be disposed of only at the compact facility,
   9-23  except as provided in Section 3.05(7) of Article III.
   9-24        Sec. 4.03.  The initial states of this compact cannot be
   9-25  members of another low-level radioactive waste compact entered into
   9-26  pursuant to the Act.
   9-27        Sec. 4.04.  The host state shall do the following:
   10-1              (1)  Cause a facility to be developed in a timely
   10-2  manner and operated and maintained through the institutional
   10-3  control period.
   10-4              (2)  Ensure, consistent with any applicable federal and
   10-5  host state laws, the protection and preservation of the environment
   10-6  and the public health and safety in the siting, design,
   10-7  development, licensing, regulation, operation, closure,
   10-8  decommissioning, and long-term care of the disposal facilities
   10-9  within the host state.
  10-10              (3)  Close the facility when reasonably necessary to
  10-11  protect the public health and safety of its citizens or to protect
  10-12  its natural resources from harm.  However, the host state shall
  10-13  notify the commission of the closure within three days of its
  10-14  action and shall, within 30 working days of its action, provide a
  10-15  written explanation to the commission of the closure, and implement
  10-16  any adopted contingency plan.
  10-17              (4)  Establish reasonable fees for disposal at the
  10-18  facility of low-level radioactive waste generated in the party
  10-19  states based on disposal fee criteria set out in Sections 402.272
  10-20  and 402.273, Texas Health and Safety Code.  The same fees shall be
  10-21  charged for the disposal of low-level radioactive waste that was
  10-22  generated in the host state and in the nonhost party states.  Fees
  10-23  shall also be sufficient to reasonably support the activities of
  10-24  the commission.
  10-25              (5)  Submit an annual report to the commission on the
  10-26  status of the facility, including projections of the facility's
  10-27  anticipated future capacity, and on the related funds.
   11-1              (6)  Notify the commission immediately upon the
   11-2  occurrence of any event that could cause a possible temporary or
   11-3  permanent closure of the facility and identify all reasonable
   11-4  options for the disposal of low-level radioactive waste at
   11-5  alternate compact facilities or, by arrangement and commission
   11-6  vote, at noncompact facilities.
   11-7              (7)  Promptly notify the other party states of any
   11-8  legal action involving the facility.
   11-9              (8)  Identify and regulate, in accordance with federal
  11-10  and host state law, the means and routes of transportation of
  11-11  low-level radioactive waste in the host state.
  11-12        Sec. 4.05.  Each party state shall do the following:
  11-13              (1)  Develop and enforce procedures requiring low-level
  11-14  radioactive waste shipments originating within its borders and
  11-15  destined for the facility to conform to packaging, processing, and
  11-16  waste form specifications of the host state.
  11-17              (2)  Maintain a registry of all generators within the
  11-18  state that may have low-level radioactive waste to be disposed of
  11-19  at the facility, including but not limited to the amount of
  11-20  low-level radioactive waste and the class of low-level radioactive
  11-21  waste generated by each generator.
  11-22              (3)  Develop and enforce procedures requiring
  11-23  generators within its borders to minimize the volume of low-level
  11-24  radioactive waste requiring disposal.  Nothing in this compact
  11-25  shall prohibit the storage, treatment, or management of waste by a
  11-26  generator.
  11-27              (4)  Provide the commission with any data and
   12-1  information necessary for the implementation of the commission's
   12-2  responsibilities, including taking those actions necessary to
   12-3  obtain this data or information.
   12-4              (5)  Pay for community assistance projects designated
   12-5  by the host county in an amount for each nonhost party state equal
   12-6  to 10 percent of the payment provided for in Article V for each
   12-7  such state.  One-half of the payment shall be due and payable to
   12-8  the host county on the first day of the month following
   12-9  ratification of this compact agreement by congress and one-half of
  12-10  the payment shall be due and payable on the first day of the month
  12-11  following the approval of a facility operating license by the host
  12-12  state's regulatory body.
  12-13              (6)  Provide financial support for the commission's
  12-14  activities prior to the date of facility operation and subsequent
  12-15  to the date of congressional ratification of this compact under
  12-16  Section 7.07 of Article VII.  Each party state will be responsible
  12-17  for annual payments equaling its pro-rata share of the commission's
  12-18  expenses, incurred for administrative, legal, and other purposes of
  12-19  the commission.
  12-20              (7)  If agreed by all parties to a dispute, submit the
  12-21  dispute to arbitration or other alternate dispute resolution
  12-22  process.  If arbitration is agreed upon, the governor of each party
  12-23  state shall appoint an arbitrator.  If the number of party states
  12-24  is an even number, the arbitrators so chosen shall appoint an
  12-25  additional arbitrator.  The determination of a majority of the
  12-26  arbitrators shall be binding on the party states.  Arbitration
  12-27  proceedings shall be conducted in accordance with the provisions of
   13-1  9 U.S.C. Sections 1 through 16.  If all parties to a dispute do not
   13-2  agree to arbitration or alternate dispute resolution process, the
   13-3  United States District Court in the district where the commission
   13-4  maintains its office shall have original jurisdiction over any
   13-5  action between or among parties to this compact.
   13-6              (8)  Provide on a regular basis to the commission and
   13-7  host state:
   13-8                    (A)  an accounting of waste shipped and proposed
   13-9  to be shipped to the compact facility, by volume and curies;
  13-10                    (B)  proposed transportation methods and routes;
  13-11  and
  13-12                    (C)  proposed shipment schedules.
  13-13              (9)  Seek to join in any legal action by or against the
  13-14  host state to prevent nonparty states or generators from disposing
  13-15  of low-level radioactive waste at the facility.
  13-16        Sec. 4.06.  Each party state shall act in good faith and may
  13-17  rely on the good faith performance of the other party states
  13-18  regarding requirements of this compact.
  13-19                 Article V.  Party State Contributions
  13-20        Sec. 5.01.  Each party state, except the host state, shall
  13-21  contribute a total of $25 million to the host state.  Payments
  13-22  shall be deposited in the host state treasury to the credit of the
  13-23  low-level waste fund in the following manner except as otherwise
  13-24  provided.  Not later than the 60th day after the date of
  13-25  congressional ratification of this compact, each nonhost party
  13-26  state shall pay to the host state $12.5 million.  Not later than
  13-27  the 60th day after the date of the opening of the compact facility,
   14-1  each nonhost party state shall pay to the host state an additional
   14-2  $12.5 million.
   14-3        Sec. 5.02.  As an alternative, the host state and the nonhost
   14-4  states may provide for payments in the same total amount as stated
   14-5  above to be made to meet the principal and interest expense
   14-6  associated with the bond indebtedness or other form of indebtedness
   14-7  issued by the appropriate agency of the host state for purposes
   14-8  associated with the development, operation, and post-closure
   14-9  monitoring of the compact facility.  In the event the member states
  14-10  proceed in this manner, the payment schedule shall be determined in
  14-11  accordance with the schedule of debt repayment.  This schedule
  14-12  shall replace the payment schedule described in Section 5.01 of
  14-13  this article.
  14-14              ARTICLE VI.  PROHIBITED ACTS AND PENALTIES
  14-15        Sec. 6.01.  No person shall dispose of low-level radioactive
  14-16  waste generated within the party states unless the disposal is at
  14-17  the compact facility, except as otherwise provided in Section
  14-18  3.05(7) of Article III.
  14-19        Sec. 6.02.  No person shall manage or dispose of any
  14-20  low-level radioactive waste within the party states unless the
  14-21  low-level radioactive waste was generated within the party states,
  14-22  except as provided in Section 3.05(6) of Article III.  Nothing
  14-23  herein shall be construed to prohibit the storage or management of
  14-24  low-level radioactive waste by a generator, nor its disposal
  14-25  pursuant to 10 C.F.R. Section 20.302.
  14-26        Sec. 6.03.  Violations of this article may result in
  14-27  prohibiting the violator from disposing of low-level radioactive
   15-1  waste in the compact facility, or in the imposition of penalty
   15-2  surcharges on shipments to the facility, as determined by the
   15-3  commission.
   15-4             ARTICLE VII.  ELIGIBILITY; ENTRY INTO EFFECT;
   15-5             CONGRESSIONAL CONSENT; WITHDRAWAL; EXCLUSION
   15-6        Sec. 7.01.  The states of Texas, Maine, and Vermont are party
   15-7  states to this compact.  Any other state may be made eligible for
   15-8  party status by a majority vote of the commission and ratification
   15-9  by the legislature of the host state, subject to fulfillment of the
  15-10  rights of the initial nonhost party states under Section 3.04(11)
  15-11  of Article III and Section 4.01 of Article IV, and upon compliance
  15-12  with those terms and conditions for eligibility that the host state
  15-13  may establish.  The host state may establish all terms and
  15-14  conditions for the entry of any state, other than the states named
  15-15  in this section, as a member of this compact; provided, however,
  15-16  the specific provisions of this compact, except for those
  15-17  pertaining to the composition of the commission and those
  15-18  pertaining to Section 7.09 of this article, may not be changed
  15-19  except upon ratification by the legislatures of the party states.
  15-20        Sec. 7.02.  Upon compliance with the other provisions of this
  15-21  compact, a state made eligible under Section 7.01 of this article
  15-22  may become a party state by legislative enactment of this compact
  15-23  or by executive order of the governor of the state adopting this
  15-24  compact.  A state becoming a party state by executive order shall
  15-25  cease to be a party state upon adjournment of the first general
  15-26  session of its legislature convened after the executive order is
  15-27  issued, unless before the adjournment, the legislature enacts this
   16-1  compact.
   16-2        Sec. 7.03.  Any party state may withdraw from this compact by
   16-3  repealing enactment of this compact subject to the provisions
   16-4  herein.  In the event the host state allows an additional state or
   16-5  additional states to join the compact, the host state's
   16-6  legislature, without the consent of the nonhost party states, shall
   16-7  have the right to modify the composition of the commission so that
   16-8  the host state shall have a voting majority on the commission;
   16-9  provided, however, that any modification maintains the right of
  16-10  each initial party state to retain one voting member on the
  16-11  commission.
  16-12        Sec. 7.04.  If the host state withdraws from the compact, the
  16-13  withdrawal shall not become effective until five years after
  16-14  enactment of the repealing legislation and the nonhost party states
  16-15  may continue to use the facility during that time.  The financial
  16-16  obligation of the nonhost party states under Article V shall cease
  16-17  immediately upon enactment of the repealing legislation.  If the
  16-18  host state withdraws from the compact or abandons plans to operate
  16-19  a facility prior to the date of any nonhost party state payment
  16-20  under Sections 4.05(5) and (6), of Article IV or Article V, the
  16-21  nonhost party states are relieved of any obligations to make the
  16-22  contributions.  This section sets out the exclusive remedies for
  16-23  the nonhost party states if the host state withdraws from the
  16-24  compact or is unable to develop and operate a compact facility.
  16-25        Sec. 7.05.  A party state, other than the host state, may
  16-26  withdraw from the compact by repealing the enactment of this
  16-27  compact, but this withdrawal shall not become effective until two
   17-1  years after the effective date of the repealing legislation.
   17-2  During this two-year period the party state will continue to have
   17-3  access to the facility.  The withdrawing party shall remain liable
   17-4  for any payments under Sections 4.05(5) and (6) of Article IV that
   17-5  were due during the two-year period and shall not be entitled to
   17-6  any refund of payments previously made.
   17-7        Sec. 7.06.  Any party state that substantially fails to
   17-8  comply with the terms of the compact or to fulfill its obligations
   17-9  hereunder may have its membership in the compact revoked by a
  17-10  seven-eighths vote of the commission following notice that a
  17-11  hearing will be scheduled not less than six months from the date of
  17-12  the notice.  In all other respects, revocation proceedings
  17-13  undertaken by the commission will be subject to the Administrative
  17-14  Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
  17-15  Civil Statutes), except that a party state may appeal the
  17-16  commission's revocation decision to the United States District
  17-17  Court in accordance with Section 3.06 of Article III.  Revocation
  17-18  shall take effect one year from the date such party state receives
  17-19  written notice from the commission of a final action.  Written
  17-20  notice of revocation shall be transmitted immediately following the
  17-21  vote of the commission, by the chair, to the governor of the
  17-22  affected party state, all other governors of party states, and to
  17-23  the United States Congress.
  17-24        Sec. 7.07.  This compact shall take effect following its
  17-25  enactment under the laws of the host state and any other party
  17-26  state and thereafter upon the consent of the United States Congress
  17-27  and shall remain in effect until otherwise provided by federal law.
   18-1  If Texas and either Maine or Vermont ratify this compact, the
   18-2  compact shall be in full force and effect as to Texas and the other
   18-3  ratifying state, and this compact shall be interpreted as follows:
   18-4              (1)  Texas and the other ratifying state are the
   18-5  initial party states.
   18-6              (2)  The commission shall consist of two voting members
   18-7  from the other ratifying state and six from Texas.
   18-8              (3)  Each party state is responsible for its pro-rata
   18-9  share of the commission's expenses.
  18-10        Sec. 7.08.  This compact is subject to review by the United
  18-11  States Congress and the withdrawal of the consent of congress every
  18-12  five years after its effective date, pursuant to federal law.
  18-13        Sec. 7.09.  The host state legislature, with the approval of
  18-14  the governor, shall have the right and authority, without the
  18-15  consent of the nonhost party states, to modify the provisions
  18-16  contained in Section 3.04(11) of Article III to comply with Section
  18-17  402.219(c)(1), Texas Health and Safety Code, as long as the
  18-18  modification does not impair the rights of the initial nonhost
  18-19  party states.
  18-20             ARTICLE VIII.  CONSTRUCTION AND SEVERABILITY
  18-21        Sec. 8.01.  The provisions of this compact shall be broadly
  18-22  construed to carry out the purposes of the compact, but the
  18-23  sovereign powers of a party shall not be infringed upon
  18-24  unnecessarily.
  18-25        Sec. 8.02.  This compact does not affect any judicial
  18-26  proceeding pending on the effective date of this compact.
  18-27        Sec. 8.03.  No party state acquires any liability, by joining
   19-1  this compact, resulting from the siting, operation, maintenance,
   19-2  long-term care, or any other activity relating to the compact
   19-3  facility.  No nonhost party state shall be liable for any harm or
   19-4  damage from the siting, operation, maintenance, or long-term care
   19-5  relating to the compact facility.  Except as otherwise expressly
   19-6  provided in this compact, nothing in this compact shall be
   19-7  construed to alter the incidence of liability of any kind for any
   19-8  act or failure to act.  Generators, transporters, owners, and
   19-9  operators of the facility shall be liable for their acts,
  19-10  omissions, conduct, or relationships in accordance with applicable
  19-11  law.  By entering into this compact and securing the ratification
  19-12  by congress of its terms, no party state acquires a potential
  19-13  liability under Section 5(d)(2)(C) of the Act (42 U.S.C. Section
  19-14  2021e(d)(2)(C)) that did not exist prior to entering into this
  19-15  compact.
  19-16        Sec. 8.04.  If a party state withdraws from the compact
  19-17  pursuant to Section 7.03 of Article VII or has its membership in
  19-18  this compact revoked pursuant to Section 7.06 of Article VII, the
  19-19  withdrawal or revocation shall not affect any liability already
  19-20  incurred by or chargeable to the affected state under Section 8.03
  19-21  of this article.
  19-22        Sec. 8.05.  The provisions of this compact shall be severable
  19-23  and if any phrase, clause, sentence, or provision of this compact
  19-24  is declared by a court of competent jurisdiction to be contrary to
  19-25  the constitution of any participating state or of the United States
  19-26  or the applicability thereof to any government, agency, person, or
  19-27  circumstances is held invalid, the validity of the remainder of
   20-1  this compact and the applicability thereof to any government,
   20-2  agency, person, or circumstance shall not be affected thereby to
   20-3  the extent the remainder can in all fairness be given effect.  If
   20-4  any provision of this compact shall be held contrary to the
   20-5  constitution of any state participating therein, the compact shall
   20-6  remain in full force and effect as to the state affected as to all
   20-7  severable matters.
   20-8        Sec. 8.06.  Nothing in this compact diminishes or otherwise
   20-9  impairs the jurisdiction, authority, or discretion of either of the
  20-10  following:
  20-11              (1)  the United States Nuclear Regulatory Commission
  20-12  pursuant to the Atomic Energy Act of 1954, as amended (42 U.S.C.
  20-13  Section 2011 et seq.); or
  20-14              (2)  an agreement state under Section 274 of the Atomic
  20-15  Energy Act of 1954, as amended (42 U.S.C. Section 2021).
  20-16        Sec. 8.07.  Nothing in this compact confers any new authority
  20-17  on the states or commission to do any of the following:
  20-18              (1)  Regulate the packaging or transportation of
  20-19  low-level radioactive waste in a manner inconsistent with the
  20-20  regulations of the United States Nuclear Regulatory Commission or
  20-21  the United States Department of Transportation.
  20-22              (2)  Regulate health, safety, or environmental hazards
  20-23  from source, by-product, or special nuclear material.
  20-24              (3)  Inspect the activities of licensees of the
  20-25  agreement states or of the United States Nuclear Regulatory
  20-26  Commission.
  20-27        SECTION 2.  The governor shall make the initial appointments
   21-1  required by Section 403.001, Health and Safety Code, as added by
   21-2  this Act, by appointing two commissioners to serve six-year terms,
   21-3  two commissioners to serve four-year terms, and two commissioners
   21-4  to serve two-year terms.
   21-5        SECTION 3.  The importance of this legislation and the
   21-6  crowded condition of the calendars in both houses create an
   21-7  emergency and an imperative public necessity that the
   21-8  constitutional rule requiring bills to be read on three several
   21-9  days in each house be suspended, and this rule is hereby suspended,
  21-10  and that this Act take effect and be in force from and after its
  21-11  passage, and it is so enacted.