SRC-JFA H.B. 213 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 213
By: Chisum (Brown)
Health & Human Services
5-5-97
Engrossed


DIGEST 

Currently, the Texas Radiation Advisory Board (board) reviews and
evaluates state radiation policies and programs of the state's single
radiation control agency, the Texas Department of Health.  In 1991 and
1993, the Texas Legislature assigned the responsibilities for regulating
radiation to two additional agencies:  the Texas Natural Resource
Conservation Commission and the Railroad Commission of Texas.  This bill
would amend the representation on the board and expand the duties of the
board to include all state agencies with radiation-related programs.   

PURPOSE

As proposed, H.B. 213 amends the representation on the Texas Radiation
Advisory Board (board) and expands the duties of the board to include all
state agencies with radiation-related programs.   

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 401.015(a), Health and Safety Code, to provide
that the Texas Radiation Advisory Board (board) is composed of, among
others, one individual who is engaged in the use and application of
nuclear physics in medicine and is certified by the American Board of
Radiology or licensed by the Texas Board of Licensure for Professional
Medical Physicists; one representative from the radioactive waste
industry, rather than the radioactive waste processing industry; one
representative from the petroleum industry, rather than the petroleum well
servicing industry; one health physicist certified by the American Board
of Health Physics; and three, rather than two, representatives of the
public.  Deletes text providing that the board is composed of, among
others, one representative from public safety.  Makes conforming changes.

SECTION 2. Amends Sections 401.018(b) and (c), Health and Safety Code, to
require the board to hold special meetings that may be called by the board
chairman, rather than the commissioner of public health, or by five,
rather than three, board members.  Makes conforming changes.  

SECTION 3. Amends Section 401.019, Health and Safety Code, to require the
board, among other duties, to make recommendations and furnish technical
advice to the Texas Department of Health (department), the Texas Natural
Resource Conservation Commission, the Railroad Commission of Texas, and
other state agencies that may be required on matters relating to
development, use, and regulation of sources of radiation; and to review
proposed rules, rather than department rules, and guidelines of any state
agency relating to regulation of sources of radiation and recommend
changes in proposed or existing rules and guidelines relating to those
matters.   

SECTION 4. (a)  Effective date: September 1, 1997.

(b)  Requires the governor, promptly after the effective date of this Act,
to appoint a third public representative to the board to serve an initial
term equal to the remainder of the term of the public safety
representative who is serving on the day preceding the effective date of
this Act.   

 (c)  Provides that the public safety representative who is serving on the
board on the day preceding the effective date of this Act serves until the
third public representative appointed by the governor qualifies to serve
on the board.  

SECTION 5. Emergency clause.