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.