BILL ANALYSIS



H.B. 1681
By: Gallego
04-19-95
Committee Report (Amended)


BACKGROUND


Section 402.094, Health and Safety Code, currently states that the
Texas Low-Level Radioactive Waste Disposal Authority (Authority)
may lease land owned by the Authority for agricultural, ranching,
or grazing purposes only.  The Authority owns 16,000 acres, only a
portion of which will be used for waste disposal activities.

PURPOSE

HB 1681 will allow the Authority to sell, as well as lease, its
land.  The restriction that the land can be leased for
agricultural, ranching or grazing purposes only is deleted.  The
sold or leased land cannot be used for purposes that may interfere
with proper operation of the disposal site.  
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 Section 402.094, Health and Safety Code, to
authorize the Authority to lease or sell land owned by the
Authority that is not a part of a licensed disposal site.  A lease
or deed must include a statement that the land may not be used for
purposed that may interfere with proper operation of the disposal
site.  The land use restriction must be included in any deed or
lease and filed in the deed records of the county in which the land
is sold.

SECTION 2. Effective date.

SECTION 3: Emergency clause.

EXPLANATION OF AMENDMENTS

Committee amendment number one adds language at the end of Section
402.094 to stipulate that land leased or sold by the authority may
not be used for a facility that stores, processes, or disposes of
waste, unless the facility is owned and operated by a unit of local
government.

There were no other committee amendments.

SUMMARY OF COMMITTEE ACTION

HB 1681 was considered by the House Committee on Environmental
Regulation in a public hearing on April 11, 1995.  The following
persons testified against the bill:
     Bill Addington, rancher, farmer, grocery and hardware retail
     business, representing himself and Save Sierra Blanca Citizens
     Group/Sierra Blanca Legal Defense Fund.
     Susan Lee, involved in health research and education related
     to nuclear facilities, representing herself and Roy Griffin -
     Alert Citizens for Environmental Safety.
     John Dolley, graphic art designer, representing himself and
     People Preventing a Texas Chernobyl.
     Brent Alan White, student, representing himself.

The following persons testified in favor of the bill:
     Jim Ed Miller, Commissioner, Hudspeth County, representing
himself.
     Les Breeding, representing Sierra Blanca Legal Defense Fund.
Rick Jacobi, representing the Texas Low-Level Radioactive Waste
Disposal Authority, testified neutrally on the bill.
Without objection, HB 1681 was left pending.

HB 1681 was considered by the House Committee on Environmental
Regulation in a formal meeting on April 19, 1995.  The committee
considered an amendment to the bill.  The amendment was adopted
without objection.  HB 1681, as amended, was reported favorably
with the recommendation that it do pass and be printed, by a record
vote of six (6) yeas, no (0) nays, no (0) pnv, and three (3)
absent.