By Burnam H.B. No. 2904
77R3735 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the location of the site of the facility for disposal
1-3 of low-level radioactive waste and activities conducted at the
1-4 site.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 402.029(a) and (c), Health and Safety
1-7 Code, are amended to read as follows:
1-8 (a) The authority, through the board, may sue and be sued in
1-9 the name of the authority in any court of this state, except as to
1-10 matters pertaining to the site selection and licensing of a
1-11 disposal facility [within the geographical area of Hudspeth County,
1-12 Texas, described in Section 402.0921], which suits may only be
1-13 brought in the courts of Travis County, Texas.
1-14 (c) Any judgment, injunction, declaration, or writ issued
1-15 against the authority by a Texas court other than the supreme court
1-16 of Texas that is related to the site selection or licensing of a
1-17 disposal facility [within the geographical area of Hudspeth County,
1-18 Texas, described in Section 402.0921] shall be automatically
1-19 suspended upon the filing by the authority of a notice of appeal or
1-20 other submission to a higher court challenging the judgment,
1-21 injunction, declaration, or writ. No Texas court other than the
1-22 Texas supreme court shall have any power to decline or otherwise
1-23 affect the automatic suspension pending appeal in such case
1-24 [related to Hudspeth County, Texas].
2-1 SECTION 2. Section 402.059(a), Health and Safety Code, is
2-2 amended to read as follows:
2-3 (a) The authority, its employees, contractors, and agents
2-4 may enter public or private property to assess the suitability of
2-5 land for a disposal site [in Hudspeth County, Texas].
2-6 SECTION 3. Sections 402.083 and 402.0922, Health and Safety
2-7 Code, are amended to read as follows:
2-8 Sec. 402.083. CHOOSING SITES FOR FURTHER ANALYSIS. On
2-9 completion of the studies required by Section 402.081, the board
2-10 shall choose at least two potential disposal sites for further
2-11 analysis. In choosing potential sites for further analysis, the
2-12 board shall give preference to sites located at or near nuclear
2-13 power plants.
2-14 Sec. 402.0922. EMINENT DOMAIN. The authority may acquire
2-15 land for a disposal site [within the geographical area described in
2-16 Section 402.0921] by condemnation and in accordance with Chapter 21
2-17 of the Property Code.
2-18 SECTION 4. Sections 402.152(b) and (c), Health and Safety
2-19 Code, are amended to read as follows:
2-20 (b) Notwithstanding any other law or other provision of this
2-21 chapter, the authority shall submit to the appropriate state and
2-22 federal agencies an application to construct and operate a disposal
2-23 site [located within the geographical area described in Section
2-24 402.0921].
2-25 (c) The authority shall maintain such field offices and
2-26 conduct such studies and activities as necessary to provide
2-27 information required to support the license application for a
3-1 disposal site [located within the geographical area described in
3-2 Section 402.0921].
3-3 SECTION 5. Section 402.217, Health and Safety Code, is
3-4 amended by adding Subsection (c) to read as follows:
3-5 (c) A disposal site must include aboveground isolation
3-6 facilities for managing low-level radioactive waste pending
3-7 disposal.
3-8 SECTION 6. Section 403.001(a), Health and Safety Code, is
3-9 amended to read as follows:
3-10 (a) The governor shall appoint six members to represent this
3-11 state on the commission established by Article III of the Texas
3-12 Low-Level Radioactive Waste Disposal Compact. One of the voting
3-13 members of the compact commission shall be a legal resident of the
3-14 host county. In this subsection, "host county" has the meaning
3-15 assigned by Section 2.01, Article II, Texas Low-Level Radioactive
3-16 Waste Disposal Compact (Section 403.006, Health and Safety Code)
3-17 [Hudspeth County, Texas].
3-18 SECTION 7. The following provisions of Chapter 402, Health
3-19 and Safety Code, are repealed:
3-20 (1) Sections 402.059(d) and 402.0921; and
3-21 (2) Subchapter E.
3-22 SECTION 8. This Act takes effect immediately if it receives
3-23 a vote of two-thirds of all the members elected to each house, as
3-24 provided by Section 39, Article III, Texas Constitution. If this
3-25 Act does not receive the vote necessary for immediate effect, this
3-26 Act takes effect September 1, 2001.