By:  Bivins                                           S.B. No. 1697
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the processing, storage, and disposal of radioactive
    1-2  waste, low-level radioactive waste, and mixed waste.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter F, Chapter 401, Health and Safety
    1-5  Code, is amended by adding Sections 401.2031, 401.2071, and
    1-6  401.2072 to read as follows:
    1-7        Sec. 401.2031.  MIXED WASTE DISPOSAL LICENSE RESTRICTION.
    1-8  (a)  The commission may not issue a radioactive waste disposal
    1-9  license for mixed waste unless the applicant holds a permit to
   1-10  operate a hazardous waste landfill.
   1-11        (b)  A person may not dispose of mixed waste in a county that
   1-12  has:
   1-13              (1)  a population of more than 25,000; or
   1-14              (2)  an average rainfall of more than 18 inches of
   1-15  rainfall per year.
   1-16        (c)  In this section, "mixed waste" means a combination of
   1-17  hazardous waste, as that term is defined by Section 361.003, and
   1-18  low-level waste, as that term is defined by Section 402.003.
   1-19        Sec. 401.2071.  OUT-OF-STATE MIXED WASTE.  (a)  A person who
   1-20  holds a license for processing, storage, or disposal of mixed waste
   1-21  may accept mixed waste that is generated in another state for
   1-22  processing, storage, or disposal in accordance with the applicable
   1-23  permit conditions.
    2-1        (b)  In this section, "mixed waste" means a combination of
    2-2  hazardous waste, as that term is defined by Section 361.003, and
    2-3  low-level waste, as that term is defined by Section 402.003.
    2-4        Sec. 401.2072.  STORAGE OF CERTAIN LOW-LEVEL RADIOACTIVE
    2-5  WASTE.  A license holder who accepts from another person for
    2-6  storage or processing low-level radioactive waste, as that term is
    2-7  defined by Section 402.003, generated in this or another state may
    2-8  store the waste until the later of:
    2-9              (1)  one year after the date on which the disposal site
   2-10  authorized under Chapter 402 opens and begins accepting low-level
   2-11  radioactive waste for disposal; or
   2-12              (2)  one year after the date on which the license
   2-13  holder accepts the waste.
   2-14        SECTION 2.  Section 401.207, Health and Safety Code, is
   2-15  amended to read as follows:
   2-16        Sec. 401.207.  OUT-OF-STATE WASTE.  A license holder may not
   2-17  accept radioactive waste generated in another state for <processing
   2-18  or> disposal under a license issued by the department unless the
   2-19  waste is:
   2-20              (1)  accepted under a compact to which the state is a
   2-21  contracting party;
   2-22              (2)  from a state having an operating radioactive waste
   2-23  disposal site at which the state is willing to accept radioactive
   2-24  waste generated in this state; or
   2-25              (3)  generated from manufactured sources or devices
    3-1  originating in this state.
    3-2        SECTION 3.  The importance of this legislation and the
    3-3  crowded condition of the calendars in both houses create an
    3-4  emergency and an imperative public necessity that the
    3-5  constitutional rule requiring bills to be read on three several
    3-6  days in each house be suspended, and this rule is hereby suspended,
    3-7  and that this Act take effect and be in force from and after its
    3-8  passage, and it is so enacted.