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.