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.