By Burnam H.B. No. 3086
77R3731 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to voter approval of the choice by the Texas Natural
1-3 Resource Conservation Commission of a potential site for a facility
1-4 to dispose of low-level radioactive waste.
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; VOTER
2-9 APPROVAL OF SITE CHOICE. (a) On completion of the studies required
2-10 by Section 402.081, the board shall choose at least two potential
2-11 disposal sites for further analysis.
2-12 (b) Before choosing a site under this section, the
2-13 commission shall:
2-14 (1) publish notice of its intent to choose the site
2-15 in:
2-16 (A) the newspaper having the largest circulation
2-17 that is published in the county in which the potential site is
2-18 located and in each adjacent county; or
2-19 (B) if a newspaper is not published in a county
2-20 described by Paragraph (A), in a newspaper of general circulation
2-21 in the county; and
2-22 (2) mail, by certified mail in the manner provided by
2-23 commission rule, written notice of its intent to choose the site
2-24 to:
2-25 (A) the commissioners court of each county
2-26 described by Subdivision (1)(A); and
2-27 (B) each person who owns property adjacent to
3-1 the site.
3-2 (c) The notice must include a legal description of the site.
3-3 (d) On its own motion, the commissioners court of each
3-4 county described by Subsection (b)(1)(A) may order an election in
3-5 the county on the question of whether the commission should be
3-6 authorized to choose the site as a potential disposal site for
3-7 further analysis. The commissioners court shall order an election
3-8 on the question if, not later than the 30th day after the date
3-9 notice is published under Subsection (b)(1), the commissioners
3-10 court receives a petition signed by a number of registered voters
3-11 of the county equal to at least 10 percent of the number of votes
3-12 cast for governor in the county in the most recent gubernatorial
3-13 election.
3-14 (e) An election under this section must be held later than
3-15 the 45th day after the date the election is ordered but not later
3-16 than the 90th day after the date notice is published under
3-17 Subsection (b)(1). Section 41.001(a), Election Code, does not
3-18 apply to the election.
3-19 (f) The ballot for the election shall be printed to permit
3-20 voting for or against the proposition: "Authorizing the Texas
3-21 Natural Resource Conservation Commission to choose the following
3-22 site as a potential site for a low-level radioactive waste disposal
3-23 facility: __________ (legal description of the potential site)."
3-24 (g) The commissioners court of a county that conducts an
3-25 election under this section shall notify the commission of the
3-26 results of the election.
3-27 (h) The commission may choose the site as a potential
4-1 disposal site for further analysis only if:
4-2 (1) the majority of the votes cast in each election
4-3 held under this section favor authorizing the commission to choose
4-4 the site; or
4-5 (2) an election is not held within the period
4-6 prescribed by this section.
4-7 Sec. 402.0922. EMINENT DOMAIN. The authority may acquire
4-8 land for a disposal site [within the geographical area described in
4-9 Section 402.0921] by condemnation and in accordance with Chapter 21
4-10 of the Property Code.
4-11 SECTION 4. Sections 402.152(b) and (c), Health and Safety
4-12 Code, are amended to read as follows:
4-13 (b) Notwithstanding any other law or other provision of this
4-14 chapter, the authority shall submit to the appropriate state and
4-15 federal agencies an application to construct and operate a disposal
4-16 site [located within the geographical area described in Section
4-17 402.0921].
4-18 (c) The authority shall maintain such field offices and
4-19 conduct such studies and activities as necessary to provide
4-20 information required to support the license application for a
4-21 disposal site [located within the geographical area described in
4-22 Section 402.0921].
4-23 SECTION 5. Section 403.001(a), Health and Safety Code, is
4-24 amended to read as follows:
4-25 (a) The governor shall appoint six members to represent this
4-26 state on the commission established by Article III of the Texas
4-27 Low-Level Radioactive Waste Disposal Compact. One of the voting
5-1 members of the compact commission shall be a legal resident of the
5-2 host county. In this subsection, "host county" has the meaning
5-3 assigned by Section 2.01, Article II, Texas Low-Level Radioactive
5-4 Waste Disposal Compact (Section 403.006, Health and Safety Code)
5-5 [Hudspeth County, Texas].
5-6 SECTION 6. Sections 402.059(d) and 402.0921, Health and
5-7 Safety Code, are repealed.
5-8 SECTION 7. This Act takes effect immediately if it receives a
5-9 vote of two-thirds of all the members elected to each house, as
5-10 provided by Section 39, Article III, Texas Constitution. If this
5-11 Act does not receive the vote necessary for immediate effect, this
5-12 Act takes effect September 1, 2001.