By Gallego                                             H.B. No. 674
         76R1940 JJT-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the Texas Low-Level Radioactive Waste Disposal
 1-3     Authority, the disposal of low-level radioactive waste, and the
 1-4     site for that disposal.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Sections 402.003(1) and (2), Health and Safety
 1-7     Code, are amended to read as follows:
 1-8                 (1)  "Authority" means the Texas Low-Level Radioactive
 1-9     Waste Disposal Authority or a person with whom the authority has
1-10     contracted to:
1-11                       (A)  act on the authority's behalf; or
1-12                       (B)  perform any obligation or duty of the
1-13     authority under this chapter.
1-14                 (2)  "Board" means the board of directors of the Texas
1-15     Low-Level Radioactive Waste Disposal Authority [authority].
1-16           SECTION 2.  Section 402.024, Health and Safety Code, is
1-17     amended to read as follows:
1-18           Sec. 402.024.  EXECUTIVE DIRECTOR [GENERAL MANAGER].  (a)
1-19     The board shall employ an executive director [a general manager] to
1-20     be the chief administrative officer of the authority.  The board
1-21     may delegate to the executive director [general manager] the
1-22     authority to manage and operate the affairs of the authority
1-23     subject only to orders of the board.
1-24           (b)  The executive director [general manager] shall execute a
 2-1     bond in an amount determined by the board, payable to the
 2-2     authority, and conditioned on the faithful performance of the
 2-3     executive director's [general manager's] duties.  The authority
 2-4     shall pay for the bond.
 2-5           (c)  The executive director [general manager] is entitled to
 2-6     compensation as provided by the authority's budget.
 2-7           SECTION 3.  Section 402.025(a), Health and Safety Code, is
 2-8     amended to read as follows:
 2-9           (a)  The executive director [general manager] may employ
2-10     persons necessary for the proper handling of the business and
2-11     operation of the authority.
2-12           SECTION 4.  Section 402.029, Health and Safety Code, is
2-13     amended to read as follows:
2-14           Sec. 402.029.  SUITS.  (a)  The authority, through the board,
2-15     may sue and be sued in the name of the authority in any court of
2-16     this state, except as to matters pertaining to the site selection
2-17     and licensing of a disposal facility [within the geographical area
2-18     of Hudspeth County, Texas, described in Section 402.0921], which
2-19     suits may only be brought in the courts of Travis County, Texas.
2-20           (b)  In a suit against the authority, citation may be served
2-21     on the executive director [general manager].
2-22           (c)  Any judgment, injunction, declaration, or writ issued
2-23     against the authority by a Texas court other than the supreme court
2-24     of Texas that is related to the site selection or licensing of a
2-25     disposal facility [within the geographical area of Hudspeth County,
2-26     Texas, described in Section 402.0921] shall be automatically
2-27     suspended upon the filing by the authority of a notice of appeal or
 3-1     other submission to a higher court challenging the judgment,
 3-2     injunction, declaration, or writ.  No Texas court other than the
 3-3     Texas supreme court shall have any power to decline or otherwise
 3-4     affect the automatic suspension pending appeal in such case
 3-5     [related to Hudspeth County, Texas].
 3-6           SECTION 5.  Section 402.052, Health and Safety Code, is
 3-7     amended to read as follows:
 3-8           Sec. 402.052.  DEVELOPMENT AND OPERATION OF DISPOSAL SITE.
 3-9     To discharge the responsibilities of the host state under the Texas
3-10     Low-Level Radioactive Waste Disposal Compact, the [The] authority
3-11     shall contract with a private person to develop, maintain, and
3-12     operate one disposal site for the disposal of low-level waste in
3-13     this state.
3-14           SECTION 6.  Subchapter C, Chapter 402, Health and Safety
3-15     Code, is amended by adding Section 402.0525 to read as follows:
3-16           Sec. 402.0525.  TRANSFER OF TITLE TO SITE.  At the time the
3-17     commission issues a license for the disposal of low-level waste at
3-18     the site and in accordance with Section 401.209, the commission
3-19     shall take title to the disposal site and those facilities at the
3-20     site that are required for the disposal of low-level waste under
3-21     the Texas Low-Level Radioactive Waste Disposal Compact.
3-22           SECTION 7.  Section 402.059(a), Health and Safety Code, is
3-23     amended to read as follows:
3-24           (a)  The authority, its employees, contractors, and agents
3-25     may enter public or private property to assess the suitability of
3-26     land for a disposal site [in Hudspeth County, Texas].
3-27           SECTION 8.  Section 402.152, Health and Safety Code, is
 4-1     amended to read as follows:
 4-2           Sec. 402.152.  APPLICATIONS FOR LICENSES AND AUTHORIZATIONS.
 4-3     (a)  [The authority shall submit to each federal and state agency
 4-4     from which it must obtain licenses and other types of authorization
 4-5     to construct and operate a disposal site the necessary applications
 4-6     and information to obtain those licenses and authorizations.]
 4-7           [(b)]  Notwithstanding any other law or other provision of
 4-8     this chapter, the person with whom the authority has contracted
 4-9     under Section 402.052 shall submit to the appropriate state and
4-10     federal agencies an application to construct and operate the [a]
4-11     disposal site [located within the geographical area described in
4-12     Section 402.0921].
4-13           (b) [(c)  The authority shall maintain such field offices and
4-14     conduct such studies and activities as necessary to provide
4-15     information required to support the license application for a
4-16     disposal site located within the geographical area described in
4-17     Section 402.0921.]
4-18           [(d)]  The commission shall complete its review of the
4-19     completeness and administrative sufficiency of the application
4-20     within 30 days of receipt of the application from the person with
4-21     whom the authority has contracted under Section 402.052.  The
4-22     authority shall promptly respond to the commission's requests for
4-23     additional documentation or other information in order for the
4-24     commission to complete its sufficiency review of the application.
4-25     If the commission does not inform the authority within 45 days of
4-26     receipt of the application that the application is administratively
4-27     sufficient, the application is presumed to be administratively
 5-1     sufficient.
 5-2           (c) [(e)]  The commission shall:
 5-3                 (1)  complete all activities associated with the review
 5-4     and processing of an application, including the publication of an
 5-5     environmental assessment, if required, but excluding public
 5-6     hearings, and either propose to issue or deny a license for the
 5-7     operation of the site no later than 15 months after the date that
 5-8     the application is declared or presumed to be administratively
 5-9     sufficient; and
5-10                 (2)  give priority to the review of the application
5-11     over all other radioactive materials and waste licensing and
5-12     registration matters pending before the commission.
5-13           SECTION 9.  Subchapter F, Chapter 402, Health and Safety
5-14     Code, is amended by adding Section 402.1525 to read as follows:
5-15           Sec. 402.1525.  NOTICE AND HEARING.  On written request of
5-16     any person affected, the commission shall provide notice and an
5-17     opportunity for hearing on an application for a license to operate
5-18     a disposal site under this chapter.  The hearing is a contested
5-19     case hearing under Chapter 2001, Government Code.  In this section,
5-20     "person affected" has the meaning assigned by Section 401.003.
5-21           SECTION 10.  Section 402.213, Health and Safety Code, is
5-22     amended to read as follows:
5-23           Sec. 402.213.  CONTRACT AUTHORITY OF BOARD.  In contracting
5-24     with a contract operator, the board may:
5-25                 (1)  select the contract operator before it obtains the
5-26     license for the disposal site so that the board may allow the
5-27     contract operator to advise and consult with the board, executive
 6-1     director [general manager], and staff of the authority on the
 6-2     design and disposal plans for the site;
 6-3                 (2)  require the contract operator to make all tests,
 6-4     keep all records, and prepare all reports required by licenses
 6-5     issued for disposal site operations;
 6-6                 (3)  require standards of performance;
 6-7                 (4)  require posting of a bond or other financial
 6-8     security by the contract operator to ensure safe operation and
 6-9     decommissioning of the disposal site; and
6-10                 (5)  establish other requirements, including operator
6-11     liability requirements, necessary to assure that the disposal site
6-12     is properly operated and that the public health and safety and the
6-13     environment are protected.
6-14           SECTION 11.  Section 402.215(b), Health and Safety Code, is
6-15     amended to read as follows:
6-16           (b)  The executive director [general manager] shall employ
6-17     the on-site operator at a disposal site operated by the authority.
6-18           SECTION 12.  Sections 402.252(a) and (c), Health and Safety
6-19     Code, are amended to read as follows:
6-20           (a)  Each quarter, the authority shall [The board shall
6-21     quarterly] transfer money [in the low-level waste fund generated by
6-22     planning and implementation fee surcharges under Sections
6-23     402.2721(e) and (f), and that portion of waste disposal fees
6-24     identifiable as adopted for the purposes of Sections 402.273(a)(3)
6-25     and (b)] to the commissioners court of the host county in an amount
6-26     determined by the board.
6-27           (c)  Money the host county receives [received from the
 7-1     low-level waste fund] under this section may be spent only for
 7-2     local public projects that are for the use and benefit of the
 7-3     public at large.  The board shall adopt guidelines for the
 7-4     expenditure of money received under this section, and the
 7-5     commissioners court shall spend or disburse the money for use
 7-6     according to those guidelines.
 7-7           SECTION 13.  Section 402.271, Health and Safety Code, is
 7-8     amended to read as follows:
 7-9           Sec. 402.271.  AUTHORITY'S EXPENSES.  The authority's
7-10     expenses shall be paid from:
7-11                 (1)  [waste disposal] fees paid to the authority under
7-12     Section 402.272(d);
7-13                 (2)  [planning and implementation fees;]
7-14                 [(3)  proceeds from the sale of bonds under Subchapter
7-15     K;]
7-16                 [(4)  contributions from members of a low-level waste
7-17     compact entered into under Section 402.219(c);]
7-18                 [(5)]  surcharge rebates made by the United States
7-19     Department of Energy pursuant to Pub. L. No. 99-240; and
7-20                 (3) [(6)]  appropriations made by the legislature[; and]
7-21                 [(7)  other receipts, fees, and interest earned in
7-22     funds authorized by or collected under this subchapter and
7-23     deposited in the low-level waste fund].
7-24           SECTION 14.  Section 402.272, Health and Safety Code, is
7-25     amended to read as follows:
7-26           Sec. 402.272.  WASTE DISPOSAL FEES.  (a)  The person who
7-27     operates the disposal site under this chapter shall collect [board
 8-1     shall have collected] a waste disposal fee to be paid by each
 8-2     person who delivers low-level waste to the site [authority] for
 8-3     disposal.  The person who operates the disposal site shall
 8-4     establish waste disposal fees by contracts with persons who
 8-5     generate the waste or deliver the waste for disposal.
 8-6           (b)  If the person who operates the disposal site is not able
 8-7     to reach an agreement on a fee contract, the [The] board by rule
 8-8     shall adopt and periodically revise waste disposal fees according
 8-9     to a schedule that is based on the projected annual volume of
8-10     low-level waste received, the relative hazard presented by each
8-11     type of low-level waste that is generated by the users of
8-12     radioactive materials, and the costs identified in Section 402.273.
8-13           (c)  In determining relative hazard, the board shall consider
8-14     the radioactive, physical, and chemical properties of each type of
8-15     low-level waste.
8-16           (d)  Each fiscal year, the person who operates the disposal
8-17     site shall pay to the authority the lesser of:
8-18                 (1)  an amount equal to two percent of the waste
8-19     disposal fees paid to the person under this section in that fiscal
8-20     year; or
8-21                 (2)  $200,000.
8-22           SECTION 15.  Sections 402.275(c)-(g), Health and Safety Code,
8-23     are amended to read as follows:
8-24           (c)  Money received by the authority, including payment
8-25     received under Section 402.272(d), money received in the host
8-26     state's low-level waste fund as required by Article V of the Texas
8-27     Low-Level Radioactive Waste Disposal Compact (Section 403.006)
 9-1     [waste disposal fees, planning and implementation fees, surcharges
 9-2     on planning and implementation fees, processing and packaging
 9-3     fees], civil penalties, payments to the State of Texas under Public
 9-4     Law 99-240, and other receipts collected by the authority under
 9-5     this chapter, shall be deposited to the credit of the low-level
 9-6     waste fund.
 9-7           (d)  Except as provided by Subsection (e) [(f)], money in the
 9-8     low-level waste fund may be used to pay:
 9-9                 (1)  operating and maintenance costs of the authority;
9-10                 (2)  future costs of decommissioning, closing, and
9-11     postclosure maintenance and surveillance of the disposal site;
9-12                 (3)  licensing fees and to provide security required by
9-13     the commission;
9-14                 (4)  money judgments rendered against the authority
9-15     that are directed by a court of this state to be paid from this
9-16     fund;
9-17                 (5)  expenses associated with implementation of the
9-18     rangeland and wildlife management plan;
9-19                 (6)  funds for local public projects under Subchapter
9-20     I;
9-21                 [(7)  debt service and necessary fees and charges,
9-22     including insurance premiums and similar costs, associated with the
9-23     issuance and payment of bonds under Subchapter K;] and
9-24                 (7) [(8)]  expenses for any other purpose under this
9-25     chapter.
9-26           (e)  [A payment for debt service and related costs under
9-27     Subsection (d)(7) has priority for payment from the low-level waste
 10-1    fund over a payment for another expense authorized by Subsection
 10-2    (d).]
 10-3          [(f)]  Payments to this state under Public Law 99-240 may be
 10-4    used only for the purposes stated in the federal law.
 10-5          (f) [(g)]  The authority may transfer money from the
 10-6    low-level waste fund to the radiation and perpetual care fund to
 10-7    make payments required by the commission under Section 401.303.
 10-8          SECTION 16.  (a)  Sections 401.203, 402.059(c) and (d),
 10-9    402.0921, 402.0922, 402.151, 402.154, 402.2721, and 402.274, Health
10-10    and Safety Code, are repealed.
10-11          (b)  Subchapters E, G, and K, Chapter 402, Health and Safety
10-12    Code, are repealed.
10-13          SECTION 17.  The General Land Office shall transfer to Sul
10-14    Ross State University any land that was purchased before the
10-15    effective date of this Act for a disposal site to be operated under
10-16    Chapter 402, Health and Safety Code, and for which a person was
10-17    denied a license to dispose of waste under that chapter at a site
10-18    located on that land.  The university is liable to any taxing
10-19    entity for property taxes due on the land.
10-20          SECTION 18.  The Texas Low-Level Radioactive Waste Disposal
10-21    Authority shall restore any land that was purchased before the
10-22    effective date of this Act for a disposal site to be operated under
10-23    Chapter 402, Health and Safety Code, and for which a person was
10-24    denied a license to dispose of waste under that chapter at a site
10-25    located on that land, to the condition of the land when purchased
10-26    for that purpose.
10-27          SECTION 19.  This Act takes effect September 1, 1999.
 11-1          SECTION 20.  The importance of this legislation and the
 11-2    crowded condition of the calendars in both houses create an
 11-3    emergency and an imperative public necessity that the
 11-4    constitutional rule requiring bills to be read on three several
 11-5    days in each house be suspended, and this rule is hereby suspended.