SRC-CDH H.B. 212 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 212
By: Chisum (Brown)
Health & Human Services
5-5-97
Engrossed


DIGEST 

Currently, the Texas Radiation Advisory Board (advisory board) evaluates
and reviews radiation policies and programs of the state's single
radiation control agency, the Texas Department of Health (TDH).  Appointed
by the governor and composed of persons with expertise in areas specified
by law as well as representatives of the public, the advisory board has
been making recommendations regarding the development, use, and source
regulation of radiation for over 30 years.  In 1991 and 1993, the Texas
Legislature assigned the responsibility for regulating radiation to two
additional agencies, the Texas Natural Resource Conservation Commission
(TNRCC) and the Railroad Commission.  H.B. 212 adds TNRCC and the Railroad
Commission to the list of entities for which the advisory board is
required to make recommendations, furnish advice, and review proposed
guidelines and rules relating to the regulation of radiation.  This
legislation aims to maintain an orderly regulatory pattern, minimize
duplication, and protect the environment and the public health.  
PURPOSE

As proposed, H.B. 212 establishes the advisory function of the Texas
Radiation Advisory Board.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 401.019, Health and Safety Code, to require the
Texas Radiation Advisory Board (advisory board) to make recommendations
and furnish certain technical advice to the Texas Department of Health
(TDH), the Texas Natural Resource Conservation Commission, the Railroad
Commission of Texas, and other state agencies; and review proposed rules
and guidelines of those entities.  

SECTION 2. Amends Chapter 401B, Health and Safety Code, by adding Section
401.020, as follows: 

Sec. 401.020.  DUTY OF AGENCIES WITH RADIATION-RELATED PROGRAMS. Requires
a state agency to consider the recommendations and advice of the advisory
board that concern the agency's policies or programs related to the
development, use, or regulation of a source of radiation; and provide the
advisory board a written response to the recommendations or advice.   

SECTION 3. Emergency clause.  
  Effective date:  upon passage.