BILL ANALYSIS



H.B. 211
By: Chisum
04-25-95
Committee Report (Unamended)


BACKGROUND

For over 30 years, the Texas Radiation Advisory Board (Board),
established under Chapter 401 of the Health and Safety Code, has
reviewed and evaluated state radiation policies and programs of the
Texas Department of Health (TDH) and made recommendations on rules
and guidelines regarding development, use and regulation of sources
of radiation. The Board is appointed by the Governor and is
composed of persons with expertise in areas specified by law and 
representatives of the public.

Historically, the Board was administratively assigned to the
state's single radiation control agency, the TDH. In 1991 and 1993,
the Texas Legislature assigned the responsibilities for regulating
radiation to two additional agencies: the Texas Natural Resource
Conservation Commission (TNRCC) and the Railroad Commission.
Jurisdiction of agencies is decided by the type of substance and
operation being regulated.

In order to promote an orderly regulatory pattern in the state,
minimize regulatory duplication and to protect public health and
safety and the environment, the expertise of the Board is necessary
to advise all agencies regulating radiation. 

PURPOSE

H.B. 211 would provide for the expertise of the Board to be
utilized by all agencies with radiation-related programs.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sec. 401.019, Health and Safety Code, to add the
TNRCC, the Railroad Commission, and "other state agencies" to the
list of entities to which the Board is required to make
recommendations and furnish technical advice, and for which the
Board is required to review proposed guidelines and rules relating
to the regulation of radiation sources.

SECTION 2. Adds Sec. 401.020, entitled, "DUTY OF AGENCIES WITH
RADIATION-RELATED PROGRAMS," to Subchapter B, Chapter 401, Health
and Safety Code, by requiring a state agency with a radiation-related program to consider the recommendations and advice of the
Board, provide the Board with a written response to the
recommendations or advice and publish a summary of the
recommendations or advice and the written response in the Texas
Register.

SECTION 3. Emergency clause. Effective upon passage.

SUMMARY OF COMMITTEE ACTION

H.B. 211 was considered by the Public Health Committee in a public
hearing on April 25, 1995.

The following persons testified in favor of the bill:
Doris C. Bryan, representing self and Texas Radiation Advisory
Board as a member.
Chet Brooks, representing self and Texas Radiological Society.
Representative Chisum, author of the bill.

The following person testified neutrally on the bill:
Richard A. Ratliff, P.E., representing the Texas Department of
Health Bureau of Radiation    Control.

The bill was reported favorably, with the recommendation that it do
pass and be printed and be sent to the Committee on Local and
Consent Calendars, by a record vote of 5 AYES, 0 NAYS, 0 PNV, and
4 ABSENT.