HBA-AMW H.B. 85 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 85 By: Gallego Environmental Regulation 3/25/2001 Committee Report (Amended) BACKGROUND AND PURPOSE Both the state of Texas and private businesses have spent a lot 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. House Bill 85 removes the provisions limiting the location of the disposal site to Hudspeth County. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 85 amends the Health and Safety Code to remove provisions limiting the low-level radioactive waste disposal site location to Hudspeth County, Texas. The bill also requires that one of the voting members of the Texas Low-Level Radioactive Waste Disposal Compact Commission be a legal resident of the host county. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. EXPLANATION OF AMENDMENTS Committee Amendment No. 1 adds a provision to repeal the authority of the Texas Low-Level Radioactive Waste Disposal Authority to acquire by eminent domain land within Hudspeth County for a low-level radioactive waste disposal site location.