RLV H.B. 213 75(R)BILL ANALYSIS PUBLIC HEALTH H.B. 213 By: Chisum 2-26-97 Committee Report (Substituted) BACKGROUND For over 30 years, the Texas Radiation Advisory Board (advisory board), established under Chapter 401 of the Health and Safety Code, has reviewed and evaluated state radiation policies and programs of the state's single radiation control agency, the Texas Department of Health (TDH). The advisory board is appointed by the governor and is comprised of persons with expertise in areas specified by law as well as representatives of the public. 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 213 amends the representation on the Texas Radiation Advisory Board by allowing a health professional to serve on this advisory board who is licensed by the Texas Board of Licensure for Professional Medical Physicists or certified by the American Radiological Society. CSHB 213 also expands the duties of the Texas Radiation Advisory Board to include all state 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 Sec. 401.015(a), Health and Safety Code, by adding licensure by the Texas Board of Licensure for Professional Medical Physicists or certification by the American Board of Radiology to the qualifications for the advisory board representative who is engaged in the use and application of nuclear physics in medicine, and certification by the American Board of Health Physics to the qualifications for the health physicist advisory board representative. Replaces the public safety representative with a third, additional representative of the public. Deletes reference to "processing" for the radioactive waste industry representative, and deletes reference to "well-servicing" for the petroleum industry representative. The section is renumbered to conform to changes. SECTION 2. Amends Sec. 401.018(b) and (c), Health and Safety Code, by replacing "commissioner" with "advisory board chairman," and to allow the advisory board chairman or five advisory board members, instead of three board members, to hold special meetings. Establishes that the advisory board chairman determines the location of the special meetings. SECTION 3. Amends Sec. 401.019(2) and (3), Health and Safety Code, regarding the advisory board duties, as follows: Subsection (2) adds the Texas Natural Resource Conservation Commission (commission), the Railroad Commission of Texas, and other state agencies or entities to which the advisory board must make recommendations and furnish technical advice regarding radiation, rather than exclusively to the Texas Department of Health (department). Subsection (3) requires the advisory board to review proposed rules and guidelines of and recommend changes to any state agency relating to the regulation of radiation, rather than exclusively those of the department. SECTION 4. Subsection (a) establishes the effective date as September 1, 1997. Subsection (b) requires the governor to appoint a third public representative to the advisory board to replace the public safety representative promptly after the effective date of this act. Subsection (c) establishes that the public safety representative will serve until the third public representative appointed by governor qualifies to serve on the board. SECTION 5. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE HB 213 SECTION 1. Sec. 401.015 (a) requires licensure by the Texas Board of Licensure for Professional Medical Physicist for the individual serving on the Texas Radiation Advisory Board engaged in the use and application of nuclear physics in medicine. CSHB 213 contains the same provision but adds the option of certification by the American Board of Radiology for the advisory board member engaged in the use and application of nuclear physics in medicine. The purpose of this substitute is to include those professionals who may not be licensed medical physicists, but who are certified by the American Board of Radiology, to serve on the Texas Radiation Advisory Board.