BILL ANALYSIS H.B. 2293 By: Chisum 04-25-95 Committee Report (Amended) BACKGROUND Chapter 401, Health and Safety Code, has several areas that need clarification to make the enforcement of this chapter more effective by the Texas Department of Health (TDH) and the United States Nuclear Regulatory Commission. (H.B. 2125 by Saunders, if passed, would change the definition of "commission" to the Natural Resource Conservation Commission, and make the United States Nuclear Regulatory Commission the "federal commission"). PURPOSE H.B. 2293 would add new enforcement provisions which would provide more effective regulatory enforcement. Certain sections of Chapter 401, Health and Safety Code, are clarified to add greater enforcement capability and provide authority to better serve the regulated community. Exemption provisions are added to allow the regulatory programs flexibility in licensing new technologies in the radiation field without unduly restricting this industry. RULEMAKING AUTHORITY It is the committee's opinion that Section 2 of this bill expressly grants rulemaking authority to the Texas Board of Health. SECTION BY SECTION ANALYSIS SECTION 1. Section 401.003(13), Health and Safety Code, is amended by specifying that the definition of "person" has the meaning assigned by Section 311.005, Government Code. SECTION 2. Adds Subsection (b) to Section 401.106, Health and Safety Code, to allow the TDH to exempt a source of radiation, or a kind of use or user, from the application of a rule adopted by the Texas Board of Health under this Chapter if the TDH determines that the exemption is not prohibited by law and will not result in an undue hazard to public health and safety, to property, or to the environment. SECTION 3. Adds Subsection (c) to Section 401.109, Health and Safety Code, allowing the TDH or the United States Nuclear Regulatory Commission (commission) to reevaluate the qualifications and security provided by a license holder every five years. The reevaluation may coincide with license renewal procedures if both occur in the same year. Subsection (d) changes "department" to "agency" to conform with earlier changes in the statute. SECTION 4. Adds Sec. 401.3811 to Subchapter J, Chapter 401, Health and Safety Code, to establish the prohibited activities regarding the possession or other specified ways of handling radiation. SECTION 5. Repeals Section 401.108, Health and Safety Code, regarding the financial qualifications necessary to become a license holder, which is now outdated and is handled under rules requiring financial security. SECTION 6. Effective date: September 1, 1995. SECTION 7. Emergency clause. EXPLANATION OF AMENDMENTS Amendment #1 adds language providing an exception to the prohibited activities specified in Section 4 (Sec. 401.3811, Subchapter J, Chapter 401, Health and Safety Code) of this bill. Amendment #2 adds new Sections 6, 7, and 8 to the bill, and renumbers the remaining sections accordingly. This amendment makes conforming changes to the new sections cited to correspond with the original bill, and the following additions: SECTION 6. Amends Sec. 401.208, Health and Safety Code, to prohibit a license holder from accepting specified materials for disposal, and to delete Subsection (b), requiring the Board to establish, by rule, special criteria for the disposal of certain radioactive waste. SECTION 7. Amends Sec. 401.003(3)(B), Health and Safety Code, to delete tailings having radiological characteristics from the definition of "by-product material." SECTION 8. Amends Sec. 402.003(6), Health and Safety Code, to modify the definition of "low-level waste." SUMMARY OF COMMITTEE ACTION H.B. 2293 was considered by the Public Health Committee in a public hearing on April 25, 1995. The committee considered amendment #1. The amendment was adopted without objection. The committee considered amendment #2. The amendment was adopted without objection. The following person testified for the bill: Representative Chisum, author of the bill. The following persons testified neutrally on the bill: Rick Jacobi, representing Texas Low-Level Radioactive Waste Authority. Lee Matthews, representing Texas Low-Level Radioactive Waste Disposal Authority. Alice Rogers, representing self. The bill was reported favorably as amended, with the recommendation that it do pass and be printed, by a record vote of 5 AYES, 0 NAYS, 0 PNV, and 4 ABSENT.