SRC-AXB H.B. 1171 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1171
By: Chisum (Brown)
Natural Resources
5/11/1999
Engrossed


DIGEST 

The Texas Radiation Control Act of 1961, recodified in 1989, established
regulatory framework and authority for the state agencies that regulate the
possession, use, and disposal of radiation sources. H.B. 1171 sets forth
provisions which clarify the entities to which certain individuals who deal
with radioactive materials and other sources of radiation  are required to
report, or otherwise interact with. 

PURPOSE

As proposed, H.B. 1171 sets forth provisions which clarify the entities to
which certain individuals who deal with radioactive materials and other
sources of radiation, are required to report, or otherwise interact with. 

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 401.003(17), Health and Safety Code, to redefine
"radiation." 

SECTION 2.  Amends Sections 401.106, 401.108, and 401.110, Health and
Safety Code, as follows: 

Sec.  401.106.  New heading:  EXEMPTION FROM LICENSING OR REGISTRATION
REQUIREMENTS OR FROM APPLICATION OF RULE.  Authorizes the Texas Department
of Health (TDH) or the Texas Natural Resource Conservation Commission
(TNRCC) to exempt a radiation source from the application of an adopted
rule if certain determinations are made regarding the prospective
exemption.  Requires TDH or TNRCC to provide the secretary of state with
notice of, and justification for, the intent to grant an exemption. 

Sec.  401.108.  FINANCIAL QUALIFICATIONS.  Requires the applicant to
demonstrate certain qualifications to TNRCC, rather than TDH.  Authorizes
the Texas Board of Health (TBH), by rule, to require an applicant to
demonstrate financial qualifications to conduct certain licensed
activities, prior to the issuance or renewal of a license by TDH.  Requires
a license holder to submit certain proof to TDH or TNRCC, rather than the
issuing agency, at intervals required by TBH or TRNCC, rather than the
issuing agency.  Deletes a specification that a license is issued or
renewed by TDH, and a reference to Subchapter G.  

Sec.  401.110.  DETERMINATION ON LICENSE.  Authorizes TNRCC to consider the
applicant's financial qualifications in taking certain action, including
the renewal of a license or registration. 

SECTION 3.  Amends Section 401.305(b), Health and Safety Code, to require
certain entities to deposit money received from an administrative penalty
collected by TDH under Sections 401.384401.390, Health and Safety Code. 

SECTION 4.  Amends Section 401.381(a), Health and Safety Code, to clarify a
violation of this chapter. 
 
SECTION 5.  Amends Section 401.384(a), Health and Safety Code, to authorize
TDH to assess an administrative, rather than civil, penalty as provided by
Sections 401.385-401.390, rather than 401.385-401.391, against a person who
causes, suffers, allows, or permits a violation of a provision of this
chapter. 

SECTION 6.  Amends Section 401.385, Health and Safety Code, to make a
conforming change. 

SECTION 7.  Amends Sections 401.388(d) and (f), Health and Safety Code, to
make conforming changes. 

SECTION 8.Effective date:  September 1, 1999.
  Makes application of this Act prospective.

SECTION 9.  Emergency clause.