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.