SRC-ARR H.B. 664 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 664
76R2172 PAM-DBy: Chisum (Brown)
Natural Resources
4/27/1999
Engrossed


DIGEST 

The U.S. Department of Energy (DOE) and the Governor of Texas entered into
a cooperative agreement in 1987 in order to consolidate and dispose of
radioactive tailings at a site in Falls City, Texas. The DOE was charged by
Congress to remediate this site by the Uranium Mill Tailings Radiation
Control Act of 1979, which required the federal government to pay 90
percent of remediation cost and the state 10 percent. The Texas Department
of Health (department) was designated to oversee the project for the state.
Currently, the department is in possession of remediated land that it has
no authority to sell. H.B. 664 would allow the department to sell
decontaminated land at a fair market value and require the General Land
Office to negotiate and close the sale.  

PURPOSE

As proposed, H.B. 664 authorizes the sale of certain land by the Texas
Department of Health. 

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 401.267, Health and Safety Code, as follows:

Sec. 401.267. New heading: ACQUISITION AND SALE OF CERTAIN BY-PRODUCT
MATERIALS AND SITES. Authorizes the Texas Department of Health (department)
to sell land acquired land under this section at the land's fair market
value after the department has taken corrective action to restore the land
to a condition that does not compromise the public health or safety or the
environment. Requires the General Land Office to negotiate and close a
transaction, on behalf of the department using procedures under Section
31.158(c), Natural Resources Code. Requires proceeds from the transaction
to be deposited in the Texas capital trust fund.  

SECTION 2. Emergency clause.
                      Effective date: upon passage.