74R7963 E
By Rabuck H.B. No. 325
Substitute the following for H.B. No. 325:
By Jackson C.S.H.B. No. 325
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring public notice of an application for an
1-3 authorization to store certain radioactive waste.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter E, Chapter 401, Health and Safety
1-6 Code, is amended by adding Section 401.154 to read as follows:
1-7 Sec. 401.154. NOTICE OF APPLICATION FOR RADIOACTIVE WASTE
1-8 STORAGE. (a) The board and the Texas Natural Resource
1-9 Conservation Commission by rule shall require an applicant for
1-10 authorization under the agency's jurisdiction to store radioactive
1-11 waste under a new license to publish notice of the application in a
1-12 newspaper of general circulation in the county in which the
1-13 proposed storage site is located. The notice must:
1-14 (1) be published not earlier than three days before
1-15 the date the application is filed and not later than the date the
1-16 application is filed;
1-17 (2) name the applicant;
1-18 (3) provide the applicant's mailing address;
1-19 (4) provide the location where the waste is proposed
1-20 to be stored, including the street address of the site, the name of
1-21 the county, and the commissioners court precinct;
1-22 (5) describe the storage activity and the waste
1-23 proposed to be stored;
1-24 (6) state that the public has the right to attend any
2-1 hearing on the matter of the authorization; and
2-2 (7) give the telephone number and address of the
2-3 department or the Texas Natural Resource Conservation Commission,
2-4 as applicable, for the public to request information on the date,
2-5 time, and place of any hearing on the matter of the authorization.
2-6 (b) This section does not apply to an application for
2-7 authorization to store radioactive waste:
2-8 (1) with a half-life of less than 300 days; or
2-9 (2) that is an encapsulated special form radioactive
2-10 material as defined by 49 CFR Section 173.403.
2-11 (c) This section does not apply to:
2-12 (1) a United States Department of Energy facility that
2-13 is engaged in the disassembly of nuclear weapons and that, on
2-14 September 1, 1995, is subject to a state and federal agreement; or
2-15 (2) the storage of naturally occurring radioactive
2-16 material waste or of oil and gas NORM waste.
2-17 SECTION 2. The Texas Board of Health and the Texas Natural
2-18 Resource Conservation Commission shall adopt rules to implement and
2-19 enforce Section 401.154, Health and Safety Code, as added by this
2-20 Act. The rules shall take effect not later than January 1, 1996.
2-21 SECTION 3. (a) Section 1 of this Act takes effect January
2-22 1, 1996.
2-23 (b) Section 2 of this Act takes effect September 1, 1995.
2-24 SECTION 4. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.