1-1     By:  Ogden                                            S.B. No. 1338
 1-2           (In the Senate - Filed March 8, 2001; March 13, 2001, read
 1-3     first time and referred to Committee on Natural Resources;
 1-4     March 27, 2001, reported favorably, as amended, by the following
 1-5     vote:  Yeas 7, Nays 0; March 27, 2001, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                                By:  Lucio
 1-7     Amend S.B. No. 1338 as follows:
 1-8           (1)  On page 1, line 27, between "equipment" and "to" insert
 1-9     "used in exploration, production, or disposal".
1-10           (2)  On page 1, line 30, strike "notify the railroad
1-11     commission regarding" and insert "identify".
1-12           (3)  On page 1, line 32, strike "waste".
1-13                            A BILL TO BE ENTITLED
1-14                                   AN ACT
1-15     relating to the authority of the Railroad Commission of Texas to
1-16     regulate oil and gas NORM waste.
1-17           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-18           SECTION 1.  Section 401.415, Health and Safety Code, is
1-19     amended to read as follows:
1-20           Sec. 401.415.  OIL AND GAS NORM WASTE.  (a)  Notwithstanding
1-21     any other provision of this chapter, the Railroad Commission of
1-22     Texas:
1-23                 (1)  has sole authority to regulate and issue licenses,
1-24     permits, and orders for the disposal of oil and gas NORM waste; and
1-25                 (2)  may, in order to protect public health and safety
1-26     and the environment, require the owner or operator of oil and gas
1-27     equipment to:
1-28                       (A)  determine whether the equipment contains or
1-29     is contaminated with oil and gas NORM waste; and
1-30                       (B)  notify the railroad commission regarding any
1-31     equipment determined to contain or be contaminated with oil and gas
1-32     NORM waste.
1-33           (b)  The Railroad Commission of Texas may adopt any rules
1-34     reasonably necessary to exercise its authority under this section.
1-35           (c) [(b)]  The Railroad Commission of Texas may enforce this
1-36     section or any rule, order, license, or permit adopted or issued
1-37     under this section in the manner and subject to the conditions
1-38     provided in Title 3 of the Natural Resources Code, including the
1-39     authority to seek and obtain civil penalties and injunctive relief
1-40     as provided in that title.
1-41           (d) [(c)]  The Railroad Commission of Texas shall consult
1-42     with the department and the Texas Natural Resource Conservation
1-43     Commission as appropriate regarding administration of this section.
1-44           (e) [(d)]  To ensure that the State of Texas retains its
1-45     Agreement Status with the U.S.  Nuclear Regulatory Commission, and
1-46     to ensure that radioactive materials are managed consistently to
1-47     protect the public health and safety and the environment, the
1-48     Railroad Commission of Texas shall issue rules on the management of
1-49     oil and gas NORM waste [by January 1, 1995,] and in so doing shall
1-50     consult with the Texas Natural Resource Conservation Commission and
1-51     the Department of Health regarding protection of the public health
1-52     and the environment.  The rules of the railroad commission shall
1-53     provide protection for public health, safety, and the environment
1-54     equivalent to the protection provided by rules applicable to
1-55     disposal of other NORM wastes having similar properties,
1-56     quantities, and distribution, although the approved methods and
1-57     sites for disposing of oil and gas NORM wastes may be different
1-58     from those approved for other NORM wastes.
1-59           SECTION 2.  This Act takes effect immediately if it receives
1-60     a vote of two-thirds of all the members elected to each house, as
1-61     provided by Section 39, Article III, Texas Constitution.  If this
1-62     Act does not receive the vote necessary for immediate effect, this
1-63     Act takes effect September 1, 2001.
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