SRC-MWN H.B. 85 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 85
By: Gallego (Duncan)
Natural Resources
5/7/2001
Engrossed


DIGEST AND PURPOSE 

Both the state of Texas and private businesses have spent a great deal of
time and money attempting to locate an appropriate site for the
construction of a facility for low-level radioactive waste in accordance
with federal and state law. A 400-square mile area within Hudspeth County
had been designated by the legislature as a possible site for low-level
waste disposal but the State Office of Administrative Hearings ruled in
1998 that the Texas Low-Level Radioactive Waste Disposal Authority did not
thoroughly investigate a geographic fault line directly beneath the site.
H.B. 85 removes the provisions limiting the location of the disposal site
to Hudspeth County.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 402.029(a) and (c), Health and Safety Code, to
delete text regarding Hudspeth County. 

SECTION 2. Amends Section 402.059(a), Health and Safety Code,  to delete
text regarding Hudspeth County. 

SECTION 3. Amends Section 403.001(a), Health and Safety Code, to require
one of the voting members of the compact commission to be a legal resident
of the host county. Provides that "host county" has the meaning assigned by
Section 2.01, Article II, Texas Low-Level Radioactive Waste Disposal
Compact (Section 403.006, Health and Safety Code). Makes a conforming
change. 

SECTION 4. Repealer: Section 402.059(d) (Relating to geographical area
located in Hudspeth                County), Health and Safety Code. 
           Repealer: Section 402.0921 (Site Area), Health and Safety Code.
           Repealer: Section 402.0922 (Eminent Domain), Health and Safety
Code. 

SECTION 5. Effective date: upon passage or September 1, 2001.