1-1     By:  Gallego (Senate Sponsor - Duncan)                  H.B. No. 85
 1-2           (In the Senate - Received from the House April 17, 2001;
 1-3     April 18, 2001, read first time and referred to Committee on
 1-4     Natural Resources; May 10, 2001, reported favorably by the
 1-5     following vote:  Yeas 5, Nays 0; May 10, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the location of a disposal facility selected by the
 1-9     Texas Low-Level Radioactive Waste Disposal Authority.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Sections 402.029(a) and (c), Health and Safety
1-12     Code, are amended to read as follows:
1-13           (a)  The authority, through the board, may sue and be sued in
1-14     the name of the authority in any court of this state, except as to
1-15     matters pertaining to the site selection and licensing of a
1-16     disposal facility [within the geographical area of Hudspeth County,
1-17     Texas, described in Section 402.0921], which suits may only be
1-18     brought in the courts of Travis County, Texas.
1-19           (c)  Any judgment, injunction, declaration, or writ issued
1-20     against the authority by a Texas court other than the supreme court
1-21     of Texas that is related to the site selection or licensing of a
1-22     disposal facility [within the geographical area of Hudspeth County,
1-23     Texas, described in Section 402.0921] shall be automatically
1-24     suspended upon the filing by the authority of a notice of appeal or
1-25     other submission to a higher court challenging the judgment,
1-26     injunction, declaration, or writ. No Texas court other than the
1-27     Texas supreme court shall have any power to decline or otherwise
1-28     affect the automatic suspension pending appeal in such case
1-29     [related to Hudspeth County, Texas].
1-30           SECTION 2. Section 402.059(a), Health and Safety Code, is
1-31     amended to read as follows:
1-32           (a)  The authority, its employees, contractors, and agents
1-33     may enter public or private property to assess the suitability of
1-34     land for a disposal site [in Hudspeth County, Texas].
1-35           SECTION 3. Section 403.001(a), Health and Safety Code, is
1-36     amended to read as follows:
1-37           (a)  The governor shall appoint six members to represent this
1-38     state on the commission established by Article III of the Texas
1-39     Low-Level Radioactive Waste Disposal Compact.  One of the voting
1-40     members of the compact commission shall be a legal resident of the
1-41     host county.  In this subsection, "host county" has the meaning
1-42     assigned by Section 2.01, Article II, Texas Low-Level Radioactive
1-43     Waste Disposal Compact (Section 403.006, Health and Safety Code)
1-44     [Hudspeth County, Texas].
1-45           SECTION 4. Sections 402.059(d), 402.0921, and 402.0922,
1-46     Health and Safety Code, are repealed.
1-47           SECTION 5. This Act takes effect immediately if it receives a
1-48     vote of two-thirds of all the members elected to each house, as
1-49     provided by Section 39, Article III, Texas Constitution.  If this
1-50     Act does not receive the vote necessary for immediate effect, this
1-51     Act takes effect September 1, 2001.
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