BILL ANALYSIS


                                                         H.B. 325
                                             By: Rabuck (Sponsor)
                                                Natural Resources
                                                         05-12-95
                              Senate Committee Report (Unamended)
BACKGROUND

Current regulations require public meetings concerning the
authorization of the storage of radioactive material only after the
Texas Department of Health has issued a license for that storage. 
No notice is required to be given to the public.

PURPOSE

As proposed, H.B. 325 requires public notice of an application for
authorization to store certain radioactive waste.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas Board of Health and the Texas Natural Resource
Conservation Commission under SECTION 1 (Section 401.154(a), Health
and Safety Code) and SECTION 2 of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 401E, Health and Safety Code, by adding
Section 401.154, as follows:

     Sec. 401.154.  NOTICE OF APPLICATION FOR RADIOACTIVE WASTE
     STORAGE.  (a) Authorizes the Texas Board of Health (board) and
     the Texas Natural Resource Conservation Commission
     (commission), by rule, to require an applicant, for
     authorization under the Texas Department of Health's
     jurisdiction to store radioactive waste under a new license,
     to publish notice of the application in a newspaper of general
     circulation in the county in which the proposed storage site
     is located.  Sets forth requirements for the contents and
     publication of the notice.
     
     (b) Declares that this section does not apply to an
     application for authorization to store radioactive waste with
     a half-life of less than 300 days or that is an encapsulated
     special form radioactive material as defined by 49 CFR Section
     173.403.
     
     (c) Declares that this section does not apply to a U.S.
     Department of Energy facility that is engaged in the
     disassembly of nuclear weapons and that, on September 1, 1995,
     is subject to state and federal agreement; or to the storage
     of naturally occurring radioactive material waste or of oil
     and gas NORM waste.
     
     SECTION 2.     Requires the board and commission to adopt rules to
implement and enforce Section 401.154, Health and Safety Code, and
that are effective not later than January 1, 1996.

SECTION 3. Effective date of SECTION 1: January 1, 1996.
           Effective date of SECTION 2: September 1, 1995.

SECTION 4. Emergency clause.