By Gallego                                              H.B. No. 85
         77R1280 JJT-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the location of a disposal facility selected by the
 1-3     Texas Low-Level Radioactive Waste Disposal Authority.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Sections 402.029(a) and (c), Health and Safety
 1-6     Code, are amended to read as follows:
 1-7           (a)  The authority, through the board, may sue and be sued in
 1-8     the name of the authority in any court of this state, except as to
 1-9     matters pertaining to the site selection and licensing of a
1-10     disposal facility [within the geographical area of Hudspeth County,
1-11     Texas, described in Section 402.0921], which suits may only be
1-12     brought in the courts of Travis County, Texas.
1-13           (c)  Any judgment, injunction, declaration, or writ issued
1-14     against the authority by a Texas court other than the supreme court
1-15     of Texas that is related to the site selection or licensing of a
1-16     disposal facility [within the geographical area of Hudspeth County,
1-17     Texas, described in Section 402.0921] shall be automatically
1-18     suspended upon the filing by the authority of a notice of appeal or
1-19     other submission to a higher court challenging the judgment,
1-20     injunction, declaration, or writ. No Texas court other than the
1-21     Texas supreme court shall have any power to decline or otherwise
1-22     affect the automatic suspension pending appeal in such case
1-23     [related to Hudspeth County, Texas].
1-24           SECTION 2. Section 402.059(a), Health and Safety Code, is
 2-1     amended to read as follows:
 2-2           (a)  The authority, its employees, contractors, and agents
 2-3     may enter public or private property to assess the suitability of
 2-4     land for a disposal site [in Hudspeth County, Texas].
 2-5           SECTION 3. Section 403.001(a), Health and Safety Code, is
 2-6     amended to read as follows:
 2-7           (a)  The governor shall appoint six members to represent this
 2-8     state on the commission established by Article III of the Texas
 2-9     Low-Level Radioactive Waste Disposal Compact.  One of the voting
2-10     members of the compact commission shall be a legal resident of the
2-11     host county.  In this subsection, "host county" has the meaning
2-12     assigned by Section 2.01, Article II, Texas Low-Level Radioactive
2-13     Waste Disposal Compact (Section 403.006, Health and Safety Code)
2-14     [Hudspeth County, Texas].
2-15           SECTION 4. Sections 402.059(d) and 402.0921, Health and
2-16     Safety Code, are repealed.
2-17           SECTION 5. This Act takes effect immediately if it receives a
2-18     vote of two-thirds of all the members elected to each house, as
2-19     provided by Section 39, Article III, Texas Constitution.  If this
2-20     Act does not receive the vote necessary for immediate effect, this
2-21     Act takes effect September 1, 2001.
2-22                          COMMITTEE AMENDMENT NO. 1
2-23           Amend H.B. 85 by deleting SECTION 4 of the bill and inserting
2-24     a new SECTION 4 to read as follows:
2-25           SECTION 4.  Sections 402.059(d), 402.0921 and 402.0922,
2-26     Health and Safety Code, are repealed.
2-27                                                                 Zbranek