1-1     By:  Chisum (Senate Sponsor - Brown)                   H.B. No. 213

 1-2           (In the Senate - Received from the House April 4, 1997;

 1-3     April 10, 1997, read first time and referred to Committee on Health

 1-4     and Human Services; May 7, 1997, reported favorably by the

 1-5     following vote:  Yeas 11, Nays 0; May 7, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the composition and duties of the radiation advisory

 1-9     board.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 401.015(a), Health and Safety Code, is

1-12     amended to read as follows:

1-13           (a)  The radiation advisory board is composed of the

1-14     following 18 members appointed by the governor:

1-15                 (1)  one representative from industry who is trained in

1-16     nuclear physics, science, or nuclear engineering;

1-17                 (2)  one representative from labor;

1-18                 (3)  one representative from agriculture;

1-19                 (4)  one representative from the insurance industry;

1-20                 (5)  one individual who is engaged in the use and

1-21     application of nuclear physics in medicine and is certified by the

1-22     American Board of Radiology or licensed by the Texas Board of

1-23     Licensure for Professional Medical Physicists;

1-24                 (6)  [one representative from public safety;]

1-25                 [(7)]  one hospital administrator;

1-26                 (7) [(8)]  one individual licensed by the Texas State

1-27     Board of Medical Examiners who specializes in nuclear medicine;

1-28                 (8) [(9)]  one individual licensed by the Texas State

1-29     Board of Medical Examiners who specializes in pathology;

1-30                 (9) [(10)]  one individual licensed by the Texas State

1-31     Board of Medical Examiners who specializes in radiology;

1-32                 (10) [(11)]  one representative from the nuclear

1-33     utility industry;

1-34                 (11) [(12)]  one representative from the radioactive

1-35     waste [processing] industry;

1-36                 (12) [(13)]  one representative from the petroleum

1-37     [well-servicing] industry;

1-38                 (13) [(14)]  one health physicist certified by the

1-39     American Board of Health Physics;

1-40                 (14) [(15)]  one individual licensed by the State Board

1-41     of Dental Examiners;

1-42                 (15) [(16)]  one representative from the uranium mining

1-43     industry; and

1-44                 (16)  three [(17)  two]  representatives of the public.

1-45           SECTION 2.  Sections 401.018(b) and (c), Health and Safety

1-46     Code, are amended to read as follows:

1-47           (b)  The advisory board shall hold special meetings that may

1-48     be called by the advisory board chairman [commissioner] or by five

1-49     [three] advisory board members.

1-50           (c)  Advisory board meetings may be held at any designated

1-51     place in the state determined by the advisory board chairman

1-52     [commissioner] to best serve the purpose for which the meeting is

1-53     called.

1-54           SECTION 3.  Section 401.019, Health and Safety Code, is

1-55     amended to read as follows:

1-56           Sec. 401.019.  ADVISORY BOARD DUTIES.  The advisory board

1-57     shall:

1-58                 (1)  review and evaluate state radiation policies and

1-59     programs;

1-60                 (2)  make recommendations [to the department] and

1-61     furnish technical advice to the department, the commission, the

1-62     Railroad Commission of Texas, and other state agencies that may be

1-63     required on matters relating to development, use, and regulation of

1-64     sources of radiation; and

 2-1                 (3)  review proposed [department] rules and guidelines

 2-2     of any state agency relating to regulation of sources of radiation

 2-3     and recommend changes in proposed or existing rules and guidelines

 2-4     relating to those matters.

 2-5           SECTION 4.  (a)  This Act takes effect September 1, 1997.

 2-6           (b)  Promptly after the effective date of this Act, the

 2-7     governor shall appoint a third public representative to the

 2-8     radiation advisory board to serve an initial term equal to the

 2-9     remainder of the term of the public safety representative who is

2-10     serving on the day preceding the effective date of this Act.

2-11           (c)  The public safety representative who is serving on the

2-12     radiation advisory board on the day preceding the effective date of

2-13     this Act serves until the third public representative appointed by

2-14     the governor qualifies to serve on the board.

2-15           SECTION 5.  The importance of this legislation and the

2-16     crowded condition of the calendars in both houses create an

2-17     emergency and an imperative public necessity that the

2-18     constitutional rule requiring bills to be read on three several

2-19     days in each house be suspended, and this rule is hereby suspended.

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