ACG H.B. 1426 75(R)BILL ANALYSIS ENVIRONMENTAL REGULATION C.S.H.B. 1426 By: Chisum 4-15-97 Committee Report (Substituted) BACKGROUND The Texas Radiation Control Act was first enacted in 1961, then was recodified as Chapter 401, Health and Safety Code in 1989. The Radiation Control Act (the Act) establishes the regulatory framework and authority for the state agencies that regulate sources of radiation, encompassing the possession, use, and disposal of such sources. The Texas Low-Level Radioactive Waste Disposal Authority Act was first enacted in 1981, then was recodified as Chapter 402, Health and Safety Code in 1989. This chapter establishes the Texas Low-Level Radioactive Waste Disposal Authority with responsibility for assuring necessary disposal capability for specific categories of low-level radioactive waste. PURPOSE C.S.H.B. 1426 adds new enforcement provisions to provide more effective regulatory enforcement. Certain sections of Chapter 401, Health and Safety Code, are clarified to add greater enforcement capability and provide authority to better serve the regulated community. Exemption provisions are added to allow the regulatory programs flexibility in licensing new technologies in the radiation field without unduly restricting this industry. The administrative penalties authorized in the chapter would be deposited in the Radiation and Perpetual Care Fund, where they would be used to mitigate radiation contamination and dispose of impounded sources for the protection of public health and safety. RULEMAKING AUTHORITY It is the committee's opinion that though this bill does not expressly grant additional rulemaking authority, the bill refers to existing rulemaking authority of the Tx. Nat. Resource Conservation Commission and the Tx. Dept. of Health: SECTION 1 of the bill [Sec. 401.106(b), Health & Safety Code] SECTION 6 of the bill [Sec. 401.393, Health & Safety Code] SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 401.106 and 401.110, Health and Safety Code as follows: Section 401.106 is amended to add provisions for the department or commission to exempt a regulated entity (a source of radiation or a kind of use or user) from the application of a rule in certain situations that do not impact public health and safety and are not prohibited by law. Section 401.110 is amended to add financial qualifications to the list of aspects of an applicant's or licensee's background that may bear on the ability to fulfill obligations of licensure which may be considered when the department or commission makes a determination on a licensing or enforcement action. SECTION 2. Amends Section 401.305 (b) to include administrative penalties in those monies to be deposited in the Radiation and Perpetual Care Fund. SECTION 3. Amends Section 401.384 (a) to change the term "civil penalty" to "administrative penalty" to distinguish this type of penalty from general civil penalties brought by the attorney general by suit in district court. Administrative penalties, as used in the title of 401.384, may be assessed directly by the department or commission. The referenced sections regarding administrative penalties are amended in this section to remove 401.391, which refers to civil penalties. SECTION 4. Amends Section 401.385 to change the term "civil penalty" to " administrative penalty" to distinguish this type of penalty, assessed by the department or commission, from general civil penalties brought by the attorney general by suit in district court. SECTION 5. Amends Section 401.388 (d) and (f) to change the term "civil penalty" to "administrative penalty" to distinguish this type of penalty, assessed by the department or commission, from general civil penalties brought by the attorney general by suit in district court. SECTION 6. Amends Subchapter J, Enforcement, by adding Section 401.393 to establish prohibited activities regarding a person causing or allowing violations of Chapter 401, or rules or licenses or registrations issued by the department or commission under the chapter. SECTION 7. Repeals Section 401.108, Health and Safety Code. SECTION 8. SECTION 8(a) stipulates that Section 401.305(b), Health and Safety Code, applies only to deposits of administrative penalties made on or after the effective date of this Act. SECTION 8(b) stipulates that Section 401.393 applies only to a violation committed on or after the effective date of this Act . SECTION 9. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE CSHB 1426 omits SECTIONS 1-3, 5-20, 22, 26, and 28-42 of the original bill. The remaining sections are renumbered. CSHB 1426 repeals only Section 401.108, Health and Safety Code. The original bill repealed five sections.