LSL C.S.H.B. 212 75(R) BILL ANALYSIS PUBLIC HEALTH C.S.H.B. 212 By: Chisum 2-26-97 Committee Report (Substituted) BACKGROUND The Texas Radiation Advisory Board (advisory board), established under Chapter 401 of the Health and Safety Code, was administratively assigned to review and evaluate radiation policies and programs of the state's single radiation control agency, Texas Department of Health (TDH). Appointed by the governor, and comprised of persons with expertise in areas specified by law as well as representatives of the public, the advisory board has been making recommendations on rules and guidelines regarding the development, use, and source regulation of radiation for over 30 years. In 1991 and 1993, the Texas Legislature assigned the responsibilities for regulating radiation to two additional agencies: the Texas Natural Resource Conservation Commission (TNRCC) and the Railroad Commission. Agency jurisdiction is decided by the type of substance and operation being regulated. The advisory board is needed to provide expertise and advice to all state agencies and jurisdictions regulating radiation so that an orderly regulatory pattern is maintained, duplication is minimized, and public health, safety and the environment are protected. PURPOSE CSHB 212 will provide for the expertise of the Texas Radiation Advisory Board to be utilized by all agencies with radiation-related programs. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 401.019, Health and Safety Code, to add the TNRCC, the Railroad Commission, and other state agencies 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. SECTION 2. Amends Subchapter B, Chapter 401, Health and Safety Code, by adding Section 401.020, which requires agencies with radiation-related programs to consider the advice and recommendations of the advisory board and to provide the board with a written response to those recommendations or advice. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE CSHB 212 does not include Section 401.020 (3) of the original bill. This would have required a summary of the recommendations and written response to be published in the Texas Register. Such a requirement is unnecessary because it already occurs.