By:  Ogden                                            S.B. No. 1338
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of the Railroad Commission of Texas to
 1-3     regulate oil and gas NORM waste.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 401.415, Health and Safety Code, is
 1-6     amended to read as follows:
 1-7           Sec. 401.415.  OIL AND GAS NORM WASTE.  (a)  Notwithstanding
 1-8     any other provision of this chapter, the Railroad Commission of
 1-9     Texas:
1-10                 (1)  has sole authority to regulate and issue licenses,
1-11     permits, and orders for the disposal of oil and gas NORM waste; and
1-12                 (2)  may, in order to protect public health and safety
1-13     and the environment, require the owner or operator of oil and gas
1-14     equipment used in exploration, production, or disposal to:
1-15                       (A)  determine whether the equipment contains or
1-16     is contaminated with oil and gas NORM waste; and
1-17                       (B)  identify any equipment determined to contain
1-18     or be contaminated with oil and gas NORM.
1-19           (b)  The Railroad Commission of Texas may adopt any rules
1-20     reasonably necessary to exercise its authority under this section.
1-21           (c) [(b)]  The Railroad Commission of Texas may enforce this
1-22     section or any rule, order, license, or permit adopted or issued
1-23     under this section in the manner and subject to the conditions
1-24     provided in Title 3 of the Natural Resources Code, including the
1-25     authority to seek and obtain civil penalties and injunctive relief
 2-1     as provided in that title.
 2-2           (d) [(c)]  The Railroad Commission of Texas shall consult
 2-3     with the department and the Texas Natural Resource Conservation
 2-4     Commission as appropriate regarding administration of this section.
 2-5           (e) [(d)]  To ensure that the State of Texas retains its
 2-6     Agreement Status with the U.S.  Nuclear Regulatory Commission, and
 2-7     to ensure that radioactive materials are managed consistently to
 2-8     protect the public health and safety and the environment, the
 2-9     Railroad Commission of Texas shall issue rules on the management of
2-10     oil and gas NORM waste [by January 1, 1995,] and in so doing shall
2-11     consult with the Texas Natural Resource Conservation Commission and
2-12     the Department of Health regarding protection of the public health
2-13     and the environment.  The rules of the railroad commission shall
2-14     provide protection for public health, safety, and the environment
2-15     equivalent to the protection provided by rules applicable to
2-16     disposal of other NORM wastes having similar properties,
2-17     quantities, and distribution, although the approved methods and
2-18     sites for disposing of oil and gas NORM wastes may be different
2-19     from those approved for other NORM wastes.
2-20           SECTION 2.  This Act takes effect immediately if it receives
2-21     a vote of two-thirds of all the members elected to each house, as
2-22     provided by Section 39, Article III, Texas Constitution.  If this
2-23     Act does not receive the vote necessary for immediate effect, this
2-24     Act takes effect September 1, 2001.