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.