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.