By Duncan                                             S.B. No. 1541
         77R8605 JJT-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the permanent management of low-level radioactive
 1-3     waste.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  The heading to Chapter 402, Health and Safety
 1-6     Code, is amended to read as follows:
 1-7                    CHAPTER 402.  PERMANENT MANAGEMENT OF
 1-8              LOW-LEVEL RADIOACTIVE WASTE [DISPOSAL AUTHORITY]
 1-9           SECTION 2.  Section 402.001, Health and Safety Code, is
1-10     amended to read as follows:
1-11           Sec. 402.001.  SHORT TITLE.  This chapter may be cited as the
1-12     Permanent Management of [Texas] Low-Level Radioactive Waste
1-13     [Disposal Authority] Act.
1-14           SECTION 3.  Sections 402.002(a) and (c), Health and Safety
1-15     Code, are amended to read as follows:
1-16           (a)  Low-level radioactive waste is generated as a by-product
1-17     of medical, research, and industrial activities and through the
1-18     operation of nuclear power plants.  Loss of capability to manage
1-19     and dispose of low-level radioactive waste would threaten the
1-20     health and welfare of the citizens of this state and would
1-21     ultimately lead to the loss of the benefits of those activities
1-22     that are dependent on reliable facilities for low-level radioactive
1-23     waste management and disposal.
1-24           (c)  The purpose of this chapter is to provide the Texas
 2-1     Natural Resource Conservation Commission with the powers to ensure
 2-2     that the state has the [establish the Texas Low-Level Radioactive
 2-3     Waste Disposal Authority with responsibility for assuring]
 2-4     necessary [disposal] capability to permanently manage [for]
 2-5     specific categories of low-level radioactive waste.
 2-6           SECTION 4.  Sections 402.003 and 402.004, Health and Safety
 2-7     Code, are amended to read as follows:
 2-8           Sec. 402.003.  DEFINITIONS.  In this chapter:
 2-9                 (1)  "Assured isolation" means the management of
2-10     low-level radioactive waste to inhibit the release from the waste
2-11     of its radioactive constituents so that concentrations of materials
2-12     entering the accessible environment will remain within prescribed
2-13     parameters, in a manner that:
2-14                       (A)  employs an isolation system that uses:
2-15                             (i)  characteristics of the form of the
2-16     waste;
2-17                             (ii)  active and ongoing maintenance;
2-18                             (iii)  active monitoring;
2-19                             (iv)  isolation facility operating
2-20     procedures;
2-21                             (v)  institutional controls;
2-22                             (vi)  natural site characteristics; and
2-23                             (vii)  engineered features of the facility;
2-24     and
2-25                       (B)  preserves the ability to retrieve the
2-26     managed waste for subsequent use, processing, or management.
2-27     ["Authority" means the Texas Low-Level Radioactive Waste Disposal
 3-1     Authority.]
 3-2                 (2)  "Compact" means the Texas Low-Level Radioactive
 3-3     Waste Disposal Compact (Section 403.006).  ["Board" means the board
 3-4     of directors of the authority.]
 3-5                 (3)  "Compact commission" means the Texas Low-Level
 3-6     Radioactive Waste Disposal Compact Commission established by
 3-7     Article III of the compact.  ["Contract operator" means a political
 3-8     subdivision  or agency of the state or a private entity with which
 3-9     the authority has entered into a contract under Section 402.212.]
3-10                 (4)  "Department" means the Texas Department of Health.
3-11                 (5)  "Disposal" means isolation or removal of low-level
3-12     radioactive waste from mankind and mankind's environment without
3-13     intent to retrieve that waste later.  The term does not include
3-14     emissions and discharges under department rules. ["Disposal site"
3-15     means the property and facilities acquired, constructed, and owned
3-16     by the authority at which low-level radioactive waste can be
3-17     processed and disposed of permanently.]
3-18                 (6)  "Low-level radioactive waste" has the meaning
3-19     assigned by Section 401.004.
3-20                 (7)  ["Management" means establishing, adopting, and
3-21     entering into and assuring compliance with the general policies,
3-22     rules, and contracts that govern the operation of a disposal site.]
3-23                 [(8)]  "Operation" means the control, supervision, and
3-24     implementation of the actual physical activities involved in
3-25     permanent management [the receipt, processing, packaging, storage,
3-26     disposal, and monitoring of low-level radioactive waste] at a
3-27     permanent management facility [disposal site], the maintenance of a
 4-1     permanent management facility [disposal site], and any other
 4-2     responsibilities [designated by] the commission designates [board]
 4-3     as part of the operation.
 4-4                 (8)  "Permanent management" means:
 4-5                       (A)  disposal or assured isolation with later
 4-6     conversion of the assured isolation facility for on-site disposal
 4-7     of the isolated waste; and
 4-8                       (B)  related on-site activities, including
 4-9     receipt, processing, packaging, storage, and monitoring of
4-10     low-level radioactive waste.
4-11                 (9)  "Permanent management facility" means a site and
4-12     on-site improvements designed for permanent management.
4-13                 (10) [(9)]  "Person" includes a legal successor to or
4-14     representative, agent, or agency of any person.
4-15                 (11) [(10)]  "Radioactive material" means solid,
4-16     liquid, or gaseous material, whether occurring naturally or
4-17     produced artificially, that emits radiation spontaneously.
4-18                 (12) [(11)]  "Rangeland and wildlife management plan"
4-19     means a plan that applies rangeland and wildlife habitat management
4-20     techniques to land located in the vicinity of a disposal site so
4-21     that the natural productivity and economic value of the land are
4-22     enhanced.
4-23                 (13) [(12)]  "Bond" means any type of obligation issued
4-24     by the commission [authority] under this chapter, including a
4-25     certificate of obligation, bond, note, draft, bill, warrant,
4-26     debenture, interim certificate, revenue or bond anticipation note,
4-27     or other evidence of indebtedness.
 5-1                 (14) [(13)]  "Host county" means the county in which
 5-2     the permanent management facility [disposal site] is or will be
 5-3     located.
 5-4                 (15) [(14)]  "Commission" means the Texas Natural
 5-5     Resource Conservation Commission.
 5-6                 (16)  "Executive director" means the executive director
 5-7     of the commission.
 5-8           Sec. 402.004.  REFERENCES IN LAW TO TEXAS LOW-LEVEL
 5-9     RADIOACTIVE WASTE DISPOSAL AUTHORITY [AGENCY ABOLISHED AND
5-10     FUNCTIONS TRANSFERRED].  A [The authority is abolished and any]
5-11     reference in [this chapter or another] law to the Texas Low-Level
5-12     Radioactive Waste Disposal Authority [authority] or the board of
5-13     directors of the authority means the Texas Natural Resource
5-14     Conservation Commission.
5-15           SECTION 5.  Subchapter B, Chapter 402, Health and Safety
5-16     Code, is amended to read as follows:
5-17              SUBCHAPTER B.  LICENSING OF PERMANENT MANAGEMENT
5-18                    FACILITY [ADMINISTRATIVE PROVISIONS]
5-19           Sec. 402.011.  LICENSE REQUIRED.  A person may not dispose of
5-20     or engage in assured isolation of low-level radioactive waste or
5-21     accept low-level radioactive waste for disposal or assured
5-22     isolation unless:
5-23                 (1)  the person holds a permanent management license
5-24     issued under this subchapter; and
5-25                 (2)  the disposal or assured isolation is conducted in
5-26     accordance with the:
5-27                       (A)  permanent management license issued under
 6-1     this subchapter; and
 6-2                       (B)  methods and procedures prescribed under
 6-3     Section 402.060.
 6-4           Sec. 402.012.  LICENSING AUTHORITY. (a)  The commission by
 6-5     rule shall provide for receiving applications for and issuing a
 6-6     single license for permanent management at a single permanent
 6-7     management facility. The commission may issue the license only for
 6-8     a permanent management facility that meets:
 6-9                 (1)  requirements for licensing provided by this
6-10     chapter and by commission rules;
6-11                 (2)  requirements for disposal adopted by the
6-12     commission that are as stringent as necessary to meet federal
6-13     requirements for disposal; and
6-14                 (3)  the entire necessary capacity determined under
6-15     Section 402.061.
6-16           (b)  The commission by rule shall provide that the permanent
6-17     management license authorizes only the permanent management of:
6-18                 (1)  low-level radioactive waste to be managed under
6-19     the compact in accordance with the volumes and types of low-level
6-20     radioactive waste established by the compact commission under
6-21     Section 3.04(11) of the compact; and
6-22                 (2)  non-compact low-level radioactive waste approved
6-23     for importation to this state by the compact commission under
6-24     Section 3.05 of the compact.
6-25           (c)  The commission may amend  the permanent management
6-26     license  to authorize the expansion of the licensed permanent
6-27     management facility to meet an unmet necessary capacity identified
 7-1     under Section 402.061.  If the commission determines that the
 7-2     single licensed permanent management facility cannot be expanded to
 7-3     meet the unmet necessary capacity, the commission may issue a
 7-4     single additional permanent management license for an additional
 7-5     permanent management facility to meet the unmet capacity in
 7-6     accordance with the procedure prescribed by this subchapter for the
 7-7     issuance of the original permanent management license.
 7-8           Sec. 402.013.  REGIONAL DISPOSAL FACILITY.  The permanent
 7-9     management facility licensed under this chapter is the regional
7-10     disposal facility established and operated under the compact for
7-11     purposes of the federal Low-Level Radioactive Waste Policy Act, as
7-12     amended by the Low-Level Radioactive Waste Policy Amendments Act of
7-13     1985 (42 U.S.C. Sections 2021b-2021j).
7-14           Sec. 402.014.  UNSUITABLE SITES.  (a)  To the extent
7-15     necessary to protect the public health and safety and the
7-16     environment, the commission by rule shall adopt criteria for the
7-17     designation of a site as unsuitable for assured isolation or
7-18     disposal under this chapter, including criteria regarding risks
7-19     presented by:
7-20                 (1)  active tectonic processes, including earthquakes
7-21     and other seismic activity;
7-22                 (2)  movements of groundwater, surface water, and storm
7-23     water runoff;
7-24                 (3)  flooding and rainfall patterns;
7-25                 (4)  violent storms, including hurricanes, tornados,
7-26     and lightning;
7-27                 (5)  prevalent or seasonal winds or temperatures; and
 8-1                 (6)  proximity of the site to population centers or by
 8-2     the density of population near the site.
 8-3           (b)  The commission shall prohibit permanent management at a
 8-4     site located:
 8-5                 (1)  in a 100-year flood plain;
 8-6                 (2)  in an area with an average annual rainfall of more
 8-7     than 26 inches per year; or
 8-8                 (3)  less than 20 miles upstream of or up-drainage from
 8-9     the maximum elevation of the surface of a reservoir project that:
8-10                       (A)  has been constructed or is under
8-11     construction by the United States Bureau of Reclamation or the
8-12     United States Army Corps of Engineers; or
8-13                       (B)  has been approved for construction by the
8-14     Texas Water Development Board as part of the state water plan under
8-15     Subchapter C, Chapter 16, Water Code.
8-16           (c)  The commission shall consider whether sites appropriate
8-17     for a permanent management facility are appropriate for low-level
8-18     radioactive waste that is not managed under the compact.  The
8-19     commission shall report to the governor and the compact commission
8-20     policy recommendations and recommendations for legislation
8-21     regarding permanent management of that waste at or adjacent to a
8-22     permanent management facility licensed under this chapter.
8-23           Sec. 402.015.  NOTICE OF APPLICATIONS AND HEARINGS.  When the
8-24     commission is prepared to accept applications for the permanent
8-25     management license, the commission shall give to the secretary of
8-26     state for publication in the Texas Register a notice that provides
8-27     the date the commission will begin accepting applications for the
 9-1     proposed permanent management facility.  The notice must reference
 9-2     the commission's rules regarding the application process and
 9-3     requirements for licensing.
 9-4           Sec. 402.016.  APPLICATION PROCEDURES. (a)  The commission by
 9-5     rule shall adopt procedures for handling applications under this
 9-6     subchapter.
 9-7           (b)  The procedures must include appropriate restrictions on
 9-8     communications between applicants or prospective applicants and the
 9-9     commission or commission staff:
9-10                 (1)  during the period between the time the commission
9-11     gives notice under Section 402.015 and the time the executive
9-12     director issues a proposed recommendation under Section 402.025;
9-13                 (2)  during the comment periods provided under Sections
9-14     402.025 and 402.026;
9-15                 (3)  during the period after the executive director
9-16     issues a final recommendation under Section 402.026 and before the
9-17     commission takes action under Section 402.027(b); and
9-18                 (4)  during the contested case hearing under Section
9-19     402.027 and before the commission takes action under Section
9-20     402.028(b).
9-21           Sec. 402.017.  APPLICATION REQUIREMENTS.  (a)  To apply for
9-22     the permanent management license, a person must:
9-23                 (1)  present to the commission an application on a form
9-24     the commission prescribes; and
9-25                 (2)  pay an application fee in an amount set by the
9-26     commission.
9-27           (b)  A person may apply for the permanent management license
 10-1    only if the person owns in fee simple or holds an option to
 10-2    purchase in fee simple all interest in the land on which the
 10-3    applicant proposes to locate the permanent management facility and
 10-4    the improvements on the land.  The applicant must attach to the
 10-5    application documents establishing the ownership interest.  This
 10-6    subsection does not apply if the commission is considering
 10-7    applications for a permanent management license to be issued for
 10-8    permanent management on property previously conveyed to the state
 10-9    under Section 402.031.
10-10          (c)  An application for the permanent management license
10-11    must include:
10-12                (1)  a certification by the commissioners court of each
10-13    county of this state in which any part of the proposed permanent
10-14    management facility is located that the site of the proposed
10-15    facility has been approved by a referendum held as provided by
10-16    Section 402.040; and
10-17                (2)  all plans, designs, specifications, schedules,
10-18    analyses, and other information the commission establishes by rule
10-19    under Sections 402.020-402.024 as necessary for the executive
10-20    director and the commission to evaluate the applicant's technical,
10-21    insurance, and financial qualifications or any other of the
10-22    applicant's qualifications the commission considers necessary to
10-23    protect the public health or safety or the environment.
10-24          Sec. 402.018.  COMPLETE APPLICATIONS. (a)  The commission
10-25    shall require applications to be submitted on or before the 120th
10-26    day after the date notice is published under Section 402.015.  The
10-27    applications must address each of the criteria established under
 11-1    Sections 402.020-402.024.
 11-2          (b)  On or before the 45th day after the date the application
 11-3    is received, the executive director shall issue a notice of
 11-4    deficiency to each applicant whose application is timely submitted
 11-5    but is determined by the executive director to be administratively
 11-6    incomplete.
 11-7          (c)  The commission shall provide an applicant for whom a
 11-8    notice of deficiency is issued a single opportunity to cure the
 11-9    noted deficiencies in the application on or before the 30th day
11-10    after the date of the notice of deficiency.
11-11          (d)  The executive director shall reject any application
11-12    that, after the period for correcting deficiencies has expired, is
11-13    not administratively complete.
11-14          Sec. 402.019.  SCORING OF APPLICATIONS.  (a)  The executive
11-15    director shall have prepared by commission personnel or an
11-16    independent contractor a written evaluation of each complete
11-17    application in terms of the criteria established under Sections
11-18    402.020-402.024.
11-19          (b)  The executive director shall use the written evaluations
11-20    and application materials to score each application according to
11-21    the criteria established under Sections 402.020-402.024.  The
11-22    executive director shall give each application a score for each
11-23    criterion for purposes of comparing the relative merit of the
11-24    applications, giving:
11-25                (1)  equal weight to each criterion within a tier of
11-26    criteria;
11-27                (2)  the greatest weight to tier 1 criteria, greater
 12-1    weight to tier 2 criteria than to tier 3 criteria, and the least
 12-2    weight to tier 4 criteria; and
 12-3                (3)  greater weight to an application for an assured
 12-4    isolation facility than to an application for a disposal facility
 12-5    if the overall scores assigned to the applications under this
 12-6    section are equal.
 12-7          Sec. 402.020.  TIER 1 CRITERIA.  (a)  The commission by rule
 12-8    shall adopt tier 1 criteria to evaluate:
 12-9                (1)  the natural characteristics of the site for a
12-10    proposed permanent management facility; and
12-11                (2)  the adequacy of financial assurance related to the
12-12    proposed permanent management facility.
12-13          (b)  Criteria for evaluating natural characteristics of the
12-14    site for a proposed permanent management facility must include:
12-15                (1)  the suitability of the site for assured isolation
12-16    or disposal, including the site's:
12-17                      (A)  geological characteristics;
12-18                      (B)  topography, including features relating to
12-19    erosion;
12-20                      (C)  surface and underground hydrology;
12-21                      (D)  meteorological factors; and
12-22                      (E)  natural hazards;
12-23                (2)  the compatibility of permanent management at the
12-24    site with any uses of land near the site that could affect the
12-25    natural performance of the site or that could affect monitoring of
12-26    the site;
12-27                (3)  the adequacy of prelicense monitoring data and
 13-1    background monitoring plans for the site, including analysis of the
 13-2    ambient conditions of the site and established trends of the site's
 13-3    natural parameters, including:
 13-4                      (A)  natural background radioactivity levels;
 13-5                      (B)  radon gas levels;
 13-6                      (C)  air particulate levels;
 13-7                      (D)  soil characteristics, including the chemical
 13-8    characteristics;
 13-9                      (E)  surface water and groundwater
13-10    characteristics; and
13-11                      (F)  flora and fauna at the site;
13-12                (4)  whether the site's natural characteristics
13-13    disqualify the site as unsuitable under criteria adopted under
13-14    Section 402.014;
13-15                (5)  the feasibility of expanding the site to
13-16    accommodate a greater capacity if necessary;
13-17                (6)  the possible effects of permanent management at
13-18    the site on flora and fauna at or near the site;
13-19                (7)  the ease of access to the site; and
13-20                (8)  the costs of transporting low-level radioactive
13-21    waste to the site.
13-22          (c)  The financial assurance criteria must include:
13-23                (1)  the adequacy of the applicant's financial
13-24    qualifications to conduct permanent management as proposed,
13-25    including any required decontamination, decommissioning,
13-26    reclamation, or disposal;
13-27                (2)  the adequacy of the applicant's financial
 14-1    assurance in an amount and type acceptable to the commission and
 14-2    adequate to cover potential injury to any property or person;
 14-3                (3)  the adequacy of the applicant's financial
 14-4    security, as required by commission rules adopted under Section
 14-5    402.034; and
 14-6                (4)  the degree of certainty that the applicant will be
 14-7    able to maintain adequate financial security.
 14-8          (d)  In adopting financial assurance criteria, the commission
 14-9    may consider the different times at which similar expenditures
14-10    would be necessary for an assured isolation facility as compared to
14-11    a disposal facility, the different expenditures necessary for those
14-12    types of facilities, and the different life-cycle costs for those
14-13    types of facilities.
14-14          Sec. 402.021.  TIER 2 CRITERIA.  The commission shall adopt
14-15    tier 2 criteria to evaluate:
14-16                (1)  the suitability and compatibility of facilities at
14-17    the site that are associated with permanent management;
14-18                (2)  the suitability of the proposed permanent
14-19    management facility for the chemical, radiological, and biological
14-20    characteristics of the low-level radioactive waste as classified
14-21    under the system established under Section 401.053;
14-22                (3)  whether the on-site improvements proposed for the
14-23    proposed permanent management facility meet the necessary capacity
14-24    determined under Section 402.061; and
14-25                (4)  whether the proposed permanent management would
14-26    violate rules adopted under Section 402.060(b) or (c).
14-27          Sec. 402.022.  TIER 3 CRITERIA.  The commission shall adopt
 15-1    tier 3 criteria to evaluate the applicant's:
 15-2                (1)  technical qualifications for management of
 15-3    low-level radioactive waste;
 15-4                (2)  experience in management and disposal of low-level
 15-5    radioactive waste and other radioactive materials;
 15-6                (3)  previous operating practices in this state and
 15-7    elsewhere, including the practices of a parent, subsidiary, or
 15-8    affiliated entity of the applicant, related to radioactive
 15-9    materials;
15-10                (4)  record of compliance with environmental statutes,
15-11    rules, and licenses in this state and in any other jurisdiction,
15-12    including the records of a parent, subsidiary, or affiliated entity
15-13    of the applicant;
15-14                (5)  training programs proposed for its employees whose
15-15    duties relate to the proposed permanent management facility;
15-16                (6)  monitoring, recordkeeping, and reporting plans;
15-17                (7)  low-level radioactive waste spill detection and
15-18    cleanup plans for the proposed permanent management facility and
15-19    for associated transportation of the waste;
15-20                (8)  decommissioning and post-closure plans for the
15-21    proposed permanent management facility;
15-22                (9)  security plans for the proposed permanent
15-23    management facility;
15-24                (10)  monitoring and protection plans for workers at
15-25    the proposed permanent management facility;
15-26                (11)  emergency plans;
15-27                (12)  plans for background monitoring of the proposed
 16-1    permanent management facility during the license period, including
 16-2    analysis of the ambient conditions of the site and analysis of
 16-3    established trends of the site's natural parameters, including:
 16-4                      (A)  natural background radioactivity levels;
 16-5                      (B)  radon gas levels;
 16-6                      (C)  air particulate levels;
 16-7                      (D)  soil characteristics, including the chemical
 16-8    characteristics;
 16-9                      (E)  surface water and groundwater
16-10    characteristics; and
16-11                      (F)  flora and fauna at the site; and
16-12                (13)  ability to adequately manage the proposed
16-13    permanent management facility for the term of the license.
16-14          Sec. 402.023.  TIER 4 CRITERIA.  The commission shall adopt
16-15    tier 4 criteria to evaluate:
16-16                (1)  the compatibility of uses of land near the
16-17    proposed permanent management facility that could be affected by
16-18    the construction and operation of the facility; and
16-19                (2)  possible socioeconomic effects of the proposed
16-20    permanent management facility, its operation, and related
16-21    transportation of low-level radioactive waste to the facility on
16-22    communities in the host county.
16-23          Sec. 402.024.  ADDITIONAL CRITERIA.  The commission by rule
16-24    may adopt other criteria it finds necessary to protect the public
16-25    health or safety or the environment.  The commission shall specify
16-26    for each additional criterion the tier within which the criterion
16-27    will be weighed.
 17-1          Sec. 402.025.  PROPOSED RECOMMENDATION FOR LICENSING HEARING.
 17-2    (a)  The executive director shall:
 17-3                (1)  issue a proposed recommendation to the commission
 17-4    for a licensing hearing to consider the application that receives
 17-5    the highest overall score under Section 402.019;
 17-6                (2)  include with the proposed recommendation the
 17-7    executive director's written evaluation of the merits of the
 17-8    application in terms of the criteria established under Sections
 17-9    402.020-402.024; and
17-10                (3)  give a copy of the proposed recommendation and
17-11    written evaluation to the secretary of state for publication in the
17-12    Texas Register.
17-13          (b)  During the 60 days following the publication date of the
17-14    proposed recommendation and written evaluation under Subsection
17-15    (a)(3), the executive director shall accept in written form:
17-16                (1)  public comment on the proposed recommendation; and
17-17                (2)  proposals for alternatives to the proposed
17-18    recommendation.
17-19          (c)  The recommended applicant shall publish notice of the
17-20    public comment period in a newspaper of general circulation in the
17-21    county in which the site for the proposed permanent management
17-22    facility is located at least once each week of the comment period.
17-23    The notices published before the public meeting required by
17-24    Subsection (d) is held must include the time and place of the
17-25    meeting.  On or before the fifth day after the date a public
17-26    meeting under Subsection (d) is set, the recommended applicant
17-27    shall mail a notice of the public meeting by certified mail to each
 18-1    person who owns land adjacent to the site of the proposed permanent
 18-2    management facility.
 18-3          (d)  The executive director shall conduct at least one public
 18-4    meeting to receive public comments on the proposed recommendation
 18-5    and alternatives to the proposed recommendation.  The executive
 18-6    director shall set the time and place of a meeting as soon as
 18-7    practicable after the publication date of the proposed
 18-8    recommendation.  A public meeting must be held:
 18-9                (1)  in the county in which the site of the proposed
18-10    permanent management facility is located; and
18-11                (2)  after the 21st day following the publication date
18-12    of the proposed recommendation under Subsection (a)(3) and before
18-13    the 45th day after that publication date.
18-14          Sec. 402.026.  RESPONSE TO COMMENTS; RECOMMENDATION TO
18-15    COMMISSION.  (a)  The executive director shall consider each
18-16    comment and alternative received under Section 402.025 and shall
18-17    prepare a written response to the comments and proposed
18-18    alternatives.  The written response must include:
18-19                (1)  a reaffirmation of the proposed recommendation as
18-20    the final recommendation;
18-21                (2)  a final recommendation incorporating changes to
18-22    the proposed recommendation; or
18-23                (3)  a different proposed recommendation.
18-24          (b)  If the executive director makes a different proposed
18-25    recommendation under Subsection (a)(3) or if the commission
18-26    requests the executive director to make another or a modified
18-27    recommendation under Section 402.027, the executive director shall
 19-1    order a period of at least 60 days for public comment and shall
 19-2    conduct at least one public meeting as provided by Section 402.025.
 19-3    The applicant shall publish notice of the public comment period and
 19-4    the public meeting in accordance with Section 402.025.  The
 19-5    executive director shall prepare a written response to comments and
 19-6    proposed alternatives received under this subsection as provided by
 19-7    Subsection (a).
 19-8          (c)  The executive director shall:
 19-9                (1)  give the written response prepared under
19-10    Subsection (a) or (b) to the secretary of state for publication in
19-11    the Texas Register; and
19-12                (2)  file the written response prepared under
19-13    Subsection (a) or (b) with the chief clerk of the commission for
19-14    transmittal to:
19-15                      (A)  each applicant;
19-16                      (B)  each person who submitted a comment or
19-17    alternative during the public comment period; and
19-18                      (C)  each person who requested to be on the
19-19    mailing list for information regarding actions on the license
19-20    applications.
19-21          Sec. 402.027.  CONSIDERATION OF RECOMMENDATION BY COMMISSION.
19-22    (a)  The commission shall include on the first practicable agenda
19-23    for a public meeting after the publication of the executive
19-24    director's final recommendation under Section 402.026 the issue of
19-25    approving the recommendation.
19-26          (b)  The commission may:
19-27                (1)  approve the recommendation and send the
 20-1    application to the State Office of Administrative Hearings for a
 20-2    contested case on the license application;
 20-3                (2)  disapprove the recommendation and request the
 20-4    executive director to make another or a modified recommendation; or
 20-5                (3)  delay its determination on the recommendation
 20-6    until a date certain and refer to the State Office of
 20-7    Administrative Hearings for a hearing an issue that:
 20-8                      (A)  involves a disputed question of fact;
 20-9                      (B)  was raised during the public comment period;
20-10    and
20-11                      (C)  is relevant and material to the commission's
20-12    determination regarding the proper scoring of the application or
20-13    the commission's ultimate determination on the application.
20-14          Sec. 402.028.  CONTESTED CASE; FINAL ACTION ON APPLICATION.
20-15    (a)  An administrative law judge of the State Office of
20-16    Administrative Hearings shall conduct a contested case hearing on
20-17    the application sent to the office under Section 402.027(b)(1) on
20-18    the issue of whether, according to the weighted criteria
20-19    established under Sections 402.020-402.024, the application should
20-20    be approved.  At least part of the hearing must be held in the
20-21    county in which the proposed permanent management facility will be
20-22    located.
20-23          (b)  The commission shall take final action on the proposal
20-24    for decision of the administrative law judge on or before the 90th
20-25    day after the date of the proposal.
20-26          Sec. 402.029.  MEDIATION.  (a)  The commission or the
20-27    administrative law judge may appoint one or more mediators to
 21-1    facilitate the settlement of disputes among parties to the hearing
 21-2    under Section 402.028.
 21-3          (b)  The commission or the administrative law judge may
 21-4    provide for mediation sessions to take place before or during the
 21-5    hearing.
 21-6          Sec. 402.030.  JUDICIAL REVIEW.  (a)  Notwithstanding any
 21-7    other law, including Subchapter I, Chapter 5, Water Code, a person
 21-8    affected by an action of or by inaction of the executive director
 21-9    or the commission under this subchapter may file a petition for
21-10    judicial review of the action only after the commission takes final
21-11    action on a license application under Section 402.028(b).
21-12          (b)  In its review of an action under this subchapter, a
21-13    court may not substitute its judgment for the judgment of the
21-14    executive director or the commission on the weight of the evidence
21-15    the executive director or commission considered, but:
21-16                (1)  may affirm the action in whole or in part; and
21-17                (2)  shall reverse or remand the case for further
21-18    proceedings if substantial rights of the petitioner have been
21-19    prejudiced because the administrative findings, inferences,
21-20    conclusions, or decisions:
21-21                      (A)  are in violation of a constitutional or
21-22    statutory provision;
21-23                      (B)  are in excess of the agency's statutory
21-24    authority;
21-25                      (C)  are made through unlawful procedure;
21-26                      (D)  are affected by other error of law;
21-27                      (E)  are not reasonably supported by substantial
 22-1    evidence considering the reliable and probative evidence in the
 22-2    record as a whole; or
 22-3                      (F)  are arbitrary or capricious or characterized
 22-4    by abuse of discretion or clearly unwarranted exercise of
 22-5    discretion.
 22-6          Sec. 402.031.  ISSUANCE OF LICENSE; CONVEYANCE OF FACILITY.
 22-7    (a)  The commission may issue the permanent management license to
 22-8    an applicant only after the applicant has conveyed to the state in
 22-9    fee at no cost to the state all right, title, and interest to the
22-10    land on which the proposed permanent management facility is to be
22-11    located together with all improvements on and requisite rights of
22-12    access to that property.
22-13          (b)  The transfer of property under this section does not
22-14    relieve the permanent management license holder of liability for an
22-15    act or omission before the transfer or while the property is in the
22-16    possession and control of the license holder.
22-17          (c)  The title and all related rights and interest in
22-18    property conveyed under this section are the property of the
22-19    commission on the state's behalf.  The commission may administer
22-20    the property in the name of the state.
22-21          Sec. 402.032.  LICENSE CONDITIONS.  (a)  The permanent
22-22    management license must specify that the commission:
22-23                (1)  has the right to monitor and inspect at any time
22-24    the permanent management facility, activities at the facility, and
22-25    all records related to activities at the facility; and
22-26                (2)  may revoke or suspend the license if the permanent
22-27    management license holder fails to comply with:
 23-1                      (A)  a condition of the license or of any other
 23-2    authorization issued for the permanent management facility by the
 23-3    commission, another state agency, or the federal government; or
 23-4                      (B)  any state or federal law or rule related to
 23-5    the operation of the permanent management facility.
 23-6          (b)  The holder of the permanent management license may not
 23-7    take any action under the license until the holder has all federal
 23-8    and state licenses or other authorizations necessary to take the
 23-9    action.
23-10          Sec. 402.033.  TERM OF LICENSE.  The permanent management
23-11    license expires on the 20th anniversary of the date of its
23-12    issuance.
23-13          Sec. 402.034.  FINANCIAL SECURITY.  (a)  In this section
23-14    "security" has the meaning assigned by Section 401.109(c).
23-15          (b)  The commission shall require the permanent management
23-16    license holder to provide financial security acceptable to the
23-17    commission to assure performance of the license holder's
23-18    obligations under this chapter.
23-19          (c)  The amount and type of security required shall be
23-20    determined as provided by commission rules in accordance with
23-21    criteria specified by those rules, including:
23-22                (1)  the need for and scope of decontamination,
23-23    decommissioning, reclamation, or disposal activity reasonably
23-24    required to protect the public health and safety and the
23-25    environment;
23-26                (2)  reasonable estimates of the cost of
23-27    decontamination, decommissioning, reclamation, and disposal as
 24-1    projected by the commission under Section 402.063;
 24-2                (3)  reasonable estimates of the costs of corrective
 24-3    actions that may be ordered under Section 402.092; and
 24-4                (4)  the cost of perpetual maintenance and
 24-5    surveillance, if any.
 24-6          Sec. 402.035.  REVIEW OF QUALIFICATIONS AND SECURITY.  The
 24-7    commission annually shall reevaluate the financial qualifications
 24-8    of and security provided by the permanent management license holder
 24-9    under this chapter. The reevaluation may coincide with license
24-10    renewal procedures in the year the license is scheduled to expire.
24-11          Sec. 402.036.  LICENSE NOT TRANSFERABLE.  The permanent
24-12    management license is not transferable.
24-13          Sec. 402.037.  RENEWAL OF LICENSE. (a)  The commission may
24-14    renew a permanent management license as provided by this section
24-15    for a period determined by the commission not to exceed 10 years.
24-16          (b)  The commission by rule shall adopt reasonable procedures
24-17    for renewal of the permanent management license.  The rules must
24-18    include:
24-19                (1)  procedures for:
24-20                      (A)  notifying the license holder that the
24-21    license is scheduled for review for renewal; and
24-22                      (B)  reviewing and acting on an application for
24-23    renewal;
24-24                (2)  general requirements for an application for
24-25    renewal; and
24-26                (3)  a date by which the license holder must apply for
24-27    renewal, which must be not less than six and not more than 18
 25-1    months before the date the license expires.
 25-2          (c)  The commission shall give public notice of and hold at
 25-3    least one public meeting on the renewal application in the county
 25-4    in which the permanent management facility is located.  A meeting
 25-5    under this subsection is not a contested case hearing under Chapter
 25-6    2001, Government Code.
 25-7          (d)  At least once each week during the three weeks preceding
 25-8    a public meeting held under this section, the license holder shall
 25-9    publish notice of the meeting in the newspaper with the greatest
25-10    circulation that is published in the county in which the permanent
25-11    management facility is located.  If no newspaper is published in
25-12    the county, the license holder shall publish the notices in a
25-13    newspaper of general circulation in the county.
25-14          Sec. 402.038.  LICENSE AMENDMENTS.  (a)  The commission on
25-15    its own motion or on petition by the permanent management license
25-16    holder may amend the permanent management license after a public
25-17    hearing.  The commission shall give notice of the hearing by
25-18    publication in the Texas Register and in a newspaper of general
25-19    circulation in the county in which the permanent management
25-20    facility is located on or before the 30th day before the date of
25-21    the hearing.
25-22          (b)  The commission by rule shall adopt standards and
25-23    procedures for amending the permanent management license.
25-24          (c)  The commission shall ensure that any amendment of the
25-25    permanent management license does not contravene federal
25-26    requirements or state law.
25-27          (d)  An amendment may take effect immediately.
 26-1          Sec. 402.039.  LICENSES AND RULES TO COMPLY WITH FEDERAL
 26-2    STANDARDS. The commission may adopt rules and amend a permanent
 26-3    management license as necessary for compliance with federal
 26-4    standards for facilities and sites for the disposal of low-level
 26-5    radioactive waste and for assured isolation of low-level
 26-6    radioactive waste intended for conversion to on-site disposal.
 26-7          Sec. 402.040.  COUNTY REFERENDUM. (a)  The commissioners
 26-8    court of a county on its own motion may order a referendum on the
 26-9    question of whether county residents approve the siting of a
26-10    proposed permanent management facility in the county.  The
26-11    commissioners court shall order an election on the question if the
26-12    commissioners court receives a petition in favor of the election
26-13    signed by a number of registered voters of the county equal to at
26-14    least 10 percent of the number of votes cast for governor in the
26-15    county in the most recent gubernatorial election.
26-16          (b)  An election under this section must be held not earlier
26-17    than the 45th day after the date of the election order and not
26-18    later than the 90th day after the date of the order.  Section
26-19    41.001(a), Election Code, does not apply to the election.
26-20          (c)  The ballot for the election shall be printed to permit
26-21    voting for or against the proposition:  "The approval of the
26-22    proposed site for a permanent management facility for low-level
26-23    radioactive waste located ___________________________ (legal
26-24    description of the proposed location)."
26-25          (d)  The commissioners court may include in a single election
26-26    a proposition for each of two or more proposed permanent management
26-27    facility sites.
 27-1          (e)  The commissioners court shall certify whether a proposed
 27-2    permanent management facility described by a ballot proposition is
 27-3    approved by a majority of the votes cast in the election.  [TEXAS
 27-4    LOW-LEVEL RADIOACTIVE WASTE DISPOSAL AUTHORITY. (a)  The Texas
 27-5    Low-Level Radioactive Waste Disposal Authority is a state agency
 27-6    created under Article XVI, Section 59(a), of the Texas
 27-7    Constitution.]
 27-8          [(b)  The authority has statewide jurisdiction.]
 27-9          [Sec. 402.013.  BOARD OF DIRECTORS.  (a)  A board of
27-10    directors composed of six members shall manage and control the
27-11    authority and administer and implement this chapter.]
27-12          [(b)  The governor shall appoint the following members of the
27-13    board with the advice and consent of the senate:]
27-14                [(1)  one doctor of medicine or doctor of osteopathic
27-15    medicine licensed to practice medicine in this state;]
27-16                [(2)  one certified health physicist;]
27-17                [(3)  one attorney licensed to practice law in this
27-18    state;]
27-19                [(4)  one geologist; and]
27-20                [(5)  two persons who represent the public.]
27-21          [(c)  After a disposal site is selected under Section
27-22    402.090, the governor shall appoint to the board, at the earliest
27-23    opportunity, at least one representative of the public as a
27-24    representative of local interests.  A representative of the public
27-25    appointed to represent local interests must be a resident of the
27-26    host county.  The representative may not be an elected county
27-27    official or a county employee.]
 28-1          [Sec. 402.014.  SPECIAL LIMITATIONS ON PUBLIC MEMBERS.  A
 28-2    member of the board who represents the public or a person related
 28-3    within the second degree by affinity or within the third degree by
 28-4    consanguinity, as determined under Chapter 573, Government Code, to
 28-5    that member may not be an employee of or otherwise have a financial
 28-6    interest in any person who has a contract with or who uses the
 28-7    services of a site in the United States for storing, processing, or
 28-8    disposing of low-level radioactive waste.]
 28-9          [Sec. 402.015.  TERM OF OFFICE.  Board members serve for
28-10    staggered six-year terms, with the terms of two members expiring
28-11    February 1 of each odd-numbered year.]
28-12          [Sec. 402.016.  VACANCY.  A vacancy on the board shall be
28-13    filled for the unexpired term in the manner provided by Section
28-14    402.013(b) for selection of board members.]
28-15          [Sec. 402.017.  ORGANIZATION OF BOARD.  Every two years after
28-16    board members are regularly appointed and have qualified for office
28-17    by taking the oath, the board shall meet at the authority's central
28-18    office, organize by selecting officers, and begin to discharge its
28-19    duties.]
28-20          [Sec. 402.018.  OFFICERS.  (a)  At the first meeting after
28-21    new members are regularly appointed to the board, the members of
28-22    the board shall select from their members a chairman,
28-23    vice-chairman, and secretary who serve for two-year terms.]
28-24          [(b)  The chairman shall preside at meetings of the board,
28-25    and in the chairman's absence, the vice-chairman shall preside.]
28-26          [(c)  The chairman, vice-chairman, and secretary shall
28-27    perform the duties and may exercise the powers specifically given
 29-1    to them by this chapter or by orders of the board.]
 29-2          [Sec. 402.019.  COMPENSATION.  A board member is entitled to
 29-3    compensation as provided by the authority's budget.]
 29-4          [Sec. 402.020.  AUTHORITY OFFICES.  The board shall maintain:]
 29-5                [(1)  a central office in the city of Austin for
 29-6    conducting the authority's business; and]
 29-7                [(2)  an authority office at each disposal site under
 29-8    construction or operated under this chapter.]
 29-9          [Sec. 402.021.  BOARD MEETINGS.  (a)  The board shall hold
29-10    regular quarterly meetings on dates established by board rule and
29-11    shall hold special meetings at the call of the chairman or on the
29-12    written request of one board member to the chairman.]
29-13          [(b)  In accordance with Chapter 551, Government Code, the
29-14    board shall hold an annual meeting in the host county with
29-15    officials and representatives of political subdivisions of the host
29-16    county to discuss concerns relating to that disposal site.]
29-17          [Sec. 402.022.  OFFICIAL ACTS.  To be valid, an official act
29-18    must receive the affirmative vote of a majority of the board
29-19    members.]
29-20          [Sec. 402.023.  MINUTES AND RECORDS.  (a)  The board shall
29-21    keep a complete written account of its meetings and other
29-22    proceedings and shall preserve its minutes, contracts, plans,
29-23    notices, accounts, receipts, and records of all kinds in a secure
29-24    manner.]
29-25          [(b)  Minutes, contracts, plans, notices, accounts, receipts,
29-26    and other records are the property of the authority and are subject
29-27    to public inspection.]
 30-1          [Sec. 402.024.  GENERAL MANAGER.  (a)  The board shall employ
 30-2    a general manager to be the chief administrative officer of the
 30-3    authority.  The board may delegate to the general manager the
 30-4    authority to manage and operate the affairs of the authority
 30-5    subject only to orders of the board.]
 30-6          [(b)  The general manager shall execute a bond in an amount
 30-7    determined by the board, payable to the authority, and conditioned
 30-8    on the faithful performance of the general manager's duties.  The
 30-9    authority shall pay for the bond.]
30-10          [(c)  The general manager is entitled to compensation as
30-11    provided by the authority's budget.]
30-12          [Sec. 402.025.  AUTHORITY EMPLOYEES.  (a)  The general
30-13    manager may employ persons necessary for the proper handling of the
30-14    business and operation of the authority.]
30-15          [(b)  The board shall determine the terms of employment.]
30-16          [Sec. 402.026.  SEAL.  The board shall adopt a seal for the
30-17    authority.]
30-18          [Sec. 402.027.  CONTRACTS.  The chairman shall execute and
30-19    the secretary shall attest to any contracts under this chapter in
30-20    the name of the authority.]
30-21          [Sec. 402.028.  CONTRACTS OVER $15,000.  (a)  If the
30-22    estimated amount of a proposed contract for the purchase of
30-23    materials, machinery, equipment, or supplies is more than $15,000,
30-24    the board shall ask for competitive bids as provided by Subchapter
30-25    B, Chapter 271, Local Government Code.]
30-26          [(b)  This section does not apply to purchases of property
30-27    from public agencies or to contracts for personal or professional
 31-1    services.]
 31-2          [Sec. 402.029.  SUITS.  (a)  The authority, through the
 31-3    board, may sue and be sued in the name of the authority in any
 31-4    court of this state, except as to matters pertaining to the site
 31-5    selection and licensing of a disposal facility within the
 31-6    geographical area of Hudspeth County, Texas, described in Section
 31-7    402.0921, which suits may only be brought in the courts of Travis
 31-8    County, Texas.]
 31-9          [(b)  In a suit against the authority, citation may be served
31-10    on the general manager.]
31-11          [(c)  Any judgment, injunction, declaration, or writ issued
31-12    against the authority by a Texas court other than the supreme court
31-13    of Texas that is related to the site selection or licensing of a
31-14    disposal facility within the geographical area of Hudspeth County,
31-15    Texas, described in Section 402.0921 shall be automatically
31-16    suspended upon the filing by the authority of a notice of appeal or
31-17    other submission to a higher court challenging the judgment,
31-18    injunction, declaration, or writ.  No Texas court other than the
31-19    Texas supreme court shall have any power to decline or otherwise
31-20    affect the automatic suspension pending appeal in such case related
31-21    to Hudspeth County, Texas.]
31-22          [Sec. 402.030.  PAYMENT OF JUDGMENT.  A court of this state
31-23    that renders a money judgment against the authority may require the
31-24    board to pay the judgment from fees collected under this chapter.]
31-25          [Sec. 402.031.  CITIZENS ADVISORY COMMITTEE.  (a)  The board
31-26    shall create a citizens advisory committee to perform oversight
31-27    functions over a disposal site.]
 32-1          [(b)  The committee shall begin to perform its functions not
 32-2    earlier than the 30th day after the date on which construction of
 32-3    the disposal site begins.]
 32-4          [(c)  Members of the committee shall be appointed for
 32-5    three-year terms by the board after consultation with officials of
 32-6    political subdivisions in the host county.]
 32-7          [(d)  The committee shall:]
 32-8                [(1)  conduct independent monitoring of disposal site
 32-9    activities as authorized by guidelines adopted by the board;]
32-10                [(2)  make recommendations to the board concerning
32-11    operations at the disposal site; and]
32-12                [(3)  execute any other review and monitoring functions
32-13    as recommended by the committee and approved by the board.]
32-14          [(e)  Reasonable notice as required by the board must be
32-15    given to the manager of a disposal site before a committee member
32-16    enters a disposal site to exercise any function authorized by this
32-17    section.  The board shall provide for quarterly unannounced
32-18    inspections of disposal site activities.]
32-19          [Sec. 402.032.  AUTHORITY PURCHASE.  A purchase by the
32-20    authority of supplies, materials, services, or equipment necessary
32-21    to prepare, construct, or operate a disposal site is exempt from
32-22    the purchasing requirements of Subtitle D, Title 10, Government
32-23    Code.]
32-24          SECTION 6.  The heading to Subchapter C, Chapter 402, Health
32-25    and Safety Code, is amended to read as follows:
32-26         SUBCHAPTER C.  ADMINISTRATIVE CONTROL [POWERS AND DUTIES]
32-27          SECTION 7.  Sections 402.051, 402.053, 402.054, and
 33-1    402.057-402.059, Health and Safety Code, are amended to read as
 33-2    follows:
 33-3          Sec. 402.051.  JURISDICTION OVER PERMANENT MANAGEMENT
 33-4    FACILITY [DISPOSAL SITE].  (a)  The commission [authority] has
 33-5    exclusive statewide jurisdiction over permanent management facility
 33-6    site selection, preparation, construction, operation, maintenance,
 33-7    decommissioning, closing, and financing [of disposal sites].
 33-8          (b)  The commission may take any action regarding low-level
 33-9    radioactive waste that is necessary to protect the public health
33-10    and safety and the environment, including monitoring or maintenance
33-11    of permanent management activities and measures to prevent or
33-12    alleviate an emergency involving low-level radioactive waste.
33-13          Sec. 402.053.  GENERAL POWERS.  To carry out this chapter,
33-14    the commission [authority] may:
33-15                (1)  apply for, receive, accept, and administer gifts,
33-16    grants, and other funds available from any source;
33-17                (2)  contract with the federal government, the state,
33-18    interstate agencies, local governmental entities, and private
33-19    entities to carry out this chapter and rules, standards, and orders
33-20    adopted under this chapter;
33-21                (3)  conduct, request, and participate in studies,
33-22    investigations, and research relating to selection, preparation,
33-23    construction, operation, maintenance, decommissioning, closing, and
33-24    financing of a permanent management facility and permanent
33-25    management [disposal sites and disposal of low-level radioactive
33-26    waste]; and
33-27                (4)  advise, consult, and cooperate with the federal
 34-1    government, the state, interstate agencies, local governmental
 34-2    entities in this state, and private entities.
 34-3          Sec. 402.054.  RULES, STANDARDS, AND ORDERS.  The commission
 34-4    [board] may adopt rules, standards, and orders necessary to
 34-5    properly carry out this chapter and to protect the public health
 34-6    and safety and the environment from the [authority's] activities
 34-7    required for permanent management.
 34-8          Sec. 402.057.  REPORTS TO LEGISLATURE.  Not later than the
 34-9    60th day before the date each regular legislative session convenes,
34-10    the commission [authority] shall submit to the appropriate
34-11    legislative committees a biennial report that serves as a basis for
34-12    periodic oversight hearings on the commission's [authority's]
34-13    operations under this chapter and on the status of interstate
34-14    compacts and agreements.  The report shall also discuss the status
34-15    of funds held, expended, or disbursed by the host county under
34-16    Section 402.252.
34-17          Sec. 402.058.  HEALTH SURVEILLANCE SURVEY.  The [board, in
34-18    cooperation with the] commission, in cooperation with the
34-19    department [the Texas Department of Health,] and local public
34-20    health officials, shall develop a health surveillance survey for
34-21    the population located in the vicinity of a permanent management
34-22    facility [disposal site].
34-23          Sec. 402.059.  POWER TO ENTER PROPERTY.  (a)  The commission
34-24    and [authority,] its employees, contractors, and agents may enter
34-25    public or private property to assess the suitability of land for a
34-26    permanent management facility to be licensed under this chapter
34-27    [disposal site in Hudspeth County, Texas].
 35-1          (b)  Prior to entering the property, the commission
 35-2    [authority] shall:
 35-3                (1)  give written notice to the landowner of the
 35-4    purpose, extent, types of assessment activities to be conducted,
 35-5    and probable duration of the entry; and
 35-6                (2)  [, and shall] cooperate with the landowner to
 35-7    minimize, insofar as possible, any inconvenience to the landowner.
 35-8          (c)  The commission is [authority shall be] liable to the
 35-9    landowner for reasonable damages to the land that may result from
35-10    the commission's activities under this section [authority's
35-11    activities.]
35-12          [(d)  This section applies to property located in whole or in
35-13    part in the geographical area of Hudspeth County, Texas, specified
35-14    in Section 402.0921 of this chapter].
35-15          SECTION 8.  Subchapter C, Chapter 402, Health and Safety
35-16    Code, is amended by adding Sections 402.060-402.063 to read as
35-17    follows:
35-18          Sec. 402.060.  PERMANENT MANAGEMENT METHODS.  (a)  The
35-19    commission by rule shall prescribe acceptable permanent management
35-20    methods and procedures.  The rules shall be designed to protect the
35-21    public health and the environment from hazards presented by the
35-22    radioactive and nonradioactive characteristics of low-level
35-23    radioactive waste during and after its disposal or assured
35-24    isolation and in case of failure to contain the waste during or
35-25    after its disposal or assured isolation.
35-26          (b)  The commission by rule shall prohibit disposal by burial
35-27    in an earthen trench as the waste is received at the permanent
 36-1    management facility.
 36-2          (c)  The commission by rule shall prohibit disposal in a
 36-3    landfill below the natural level of the permanent management
 36-4    facility site unless:
 36-5                (1)  regulatory programs of this state or the federal
 36-6    government for low-level radioactive waste preclude or recommend
 36-7    against aboveground disposal or the commission by rule has
 36-8    determined that belowground disposal provides greater protection
 36-9    than aboveground disposal for public health and the environment for
36-10    the period for which the low-level radioactive waste will continue
36-11    to pose a hazard to public health and the environment;
36-12                (2)  the low-level radioactive waste is contained
36-13    within a reinforced concrete barrier or within containment
36-14    structures made of materials technologically equivalent or superior
36-15    to reinforced concrete; and
36-16                (3)  the low-level radioactive waste is contained in
36-17    such a manner that it can be monitored and retrieved.
36-18          Sec. 402.061.  DETERMINATION OF NECESSARY PERMANENT
36-19    MANAGEMENT CAPACITY. (a)  In conjunction with the compact
36-20    commission, the commission by rule:
36-21                (1)  shall determine the capacity for permanent
36-22    management necessary to meet:
36-23                      (A)  the terms of the compact; and
36-24                      (B)  the needs presented by low-level radioactive
36-25    waste generated in this state; and
36-26                (2)  may revise the determined capacity to meet changed
36-27    conditions or new information.
 37-1          (b)  In making the determination, the commission shall
 37-2    consider the volume of low-level radioactive waste generated by
 37-3    type and source categories for the expected life of the licensed
 37-4    permanent management facility, including low-level radioactive
 37-5    waste generated from decommissioning nuclear power plants.
 37-6          Sec. 402.062.  CRITERIA FOR QUALIFIED PERMANENT MANAGEMENT
 37-7    FACILITY. (a)  The commission by rule shall establish standards and
 37-8    criteria that the site and on-site improvements of the permanent
 37-9    management facility must meet to qualify for disposal or assured
37-10    isolation and the processing, packaging, and storage to be
37-11    authorized by the permanent management license.  The criteria and
37-12    standards must be at least as stringent as the federal requirements
37-13    for disposal.  The commission by rule may impose specific design
37-14    criteria for the facility's improvements.
37-15          (b)  The standards and criteria must address factors
37-16    affecting the permanent management facility's adequacy to safely
37-17    contain disposed, isolated, or managed low-level radioactive waste,
37-18    including the:
37-19                (1)  geology;
37-20                (2)  topography;
37-21                (3)  surface and underground hydrology;
37-22                (4)  proximity to population centers and population
37-23    density;
37-24                (5)  flora and fauna present at and in the vicinity of
37-25    the site;
37-26                (6)  uses of land in the vicinity of the site;
37-27                (7)  possibilities for expanding the facility in the
 38-1    event a greater capacity is necessary; and
 38-2                (8)  ease of access to generators or other sources of
 38-3    low-level radioactive waste and related costs and risks of
 38-4    transporting low-level radioactive waste.
 38-5          (c)  The commission shall set standards for, and shall
 38-6    require the permanent management facility to provide, safeguards
 38-7    against hazards from local conditions, including risks from:
 38-8                (1)  active tectonic processes, including earthquakes
 38-9    and other seismic activity;
38-10                (2)  movements of groundwater, surface water, and storm
38-11    water runoff;
38-12                (3)  flooding and rainfall patterns;
38-13                (4)  violent storms, including hurricanes, tornados,
38-14    and lightning; and
38-15                (5)  prevalent or seasonal winds or temperatures.
38-16          Sec. 402.063.  PAYMENT FOR MAINTENANCE, SURVEILLANCE, OR
38-17    OTHER CARE. (a)  The commission may require the holder of the
38-18    permanent management license to pay to the commission annually an
38-19    amount as determined by the commission if continuing or perpetual
38-20    maintenance, surveillance, or other care is required for the
38-21    permanent management facility after activities under the license
38-22    have terminated.  The commission shall have payments received under
38-23    this section deposited to the credit of the permanent management
38-24    facility decommissioning account.
38-25          (b)  The commission annually shall review the permanent
38-26    management license holder's payments under this section to
38-27    determine if the payment schedule is adequate for the maintenance
 39-1    and surveillance that the permanent management facility requires or
 39-2    may require in the future.
 39-3          (c)  The commission may review estimates of costs that are
 39-4    required to be incurred under this chapter in accordance with the
 39-5    need, nature, and cost of decontamination, stabilization,
 39-6    decommissioning, reclamation, and disposal activity and the
 39-7    maintenance and surveillance required for public health and safety
 39-8    and the environment.
 39-9          (d)  The commission shall set the charges for maintenance and
39-10    perpetual care at amounts consistent with existing technology.
39-11          (e)  The commission may not impose charges that exceed the
39-12    amount that the commission projects to be required for maintenance,
39-13    surveillance, and other necessary care required after the licensed
39-14    activity is terminated.
39-15          (f)  An increase in costs may not be applied retroactively
39-16    but may apply to increases in subsequent annual payments.
39-17          (g)  If the permanent management license holder satisfies the
39-18    obligations under this chapter, the commission shall have the
39-19    comptroller promptly refund to the license holder from the
39-20    permanent management facility decommissioning account the excess of
39-21    the amount of all payments made by the license holder to the
39-22    issuing agency and the investment earnings of those payments over
39-23    the amount determined to be required for the continuing maintenance
39-24    and surveillance of land, buildings, and low-level radioactive
39-25    waste conveyed to the state under Sections 402.031 and 402.081.
39-26          SECTION 9.  Subchapter D, Chapter 402, Health and Safety
39-27    Code, is amended to read as follows:
 40-1             SUBCHAPTER D.  OPERATION OF PERMANENT MANAGEMENT
 40-2            FACILITY [DISPOSAL SITE SELECTION AND ACQUISITION]
 40-3          Sec. 402.081.  CONVEYANCE OF WASTE. (a)  The permanent
 40-4    management license holder shall convey to the state at no cost to
 40-5    the state title to the low-level radioactive waste delivered to the
 40-6    permanent management facility for disposal or assured isolation at
 40-7    the time the waste is accepted at the facility for permanent
 40-8    management.
 40-9          (b)  The transfer of low-level radioactive waste under this
40-10    section does not relieve the permanent management license holder of
40-11    liability for an act or omission before the transfer or while the
40-12    waste is in the possession and control of the license holder.
40-13          (c)  The title and all related rights and interest in waste
40-14    conveyed under this section are the property of the commission on
40-15    the state's behalf.  The commission may administer the waste as
40-16    property in the name of the state.
40-17          Sec. 402.082.  EXCLUSIVE USE OF SITE. The site on which the
40-18    permanent management facility is located may be used only for
40-19    permanent management under this chapter until the commission
40-20    determines that another use would not endanger the health, safety,
40-21    or welfare of the public or the environment.
40-22          Sec. 402.083.  CONSTRUCTION AT PERMANENT MANAGEMENT FACILITY.
40-23    (a)  The permanent management license holder is responsible for
40-24    constructing facilities and improvements at the permanent
40-25    management facility and may engage a contractor for the
40-26    construction in accordance with commission rules.
40-27          (b)  The commission shall review plans for any construction
 41-1    of a facility or improvement to be undertaken at the permanent
 41-2    management facility to ensure that the site and on-site
 41-3    improvements will meet the criteria adopted under Section 402.062.
 41-4    The commission may order the permanent management license holder to
 41-5    revise its construction plans in accordance with those criteria.
 41-6          (c)  The commission shall monitor any construction at the
 41-7    permanent management facility and by order may halt construction if
 41-8    the construction fails to comply with federal or state standards or
 41-9    rules or with the construction plans.  The commission may have the
41-10    construction work inspected by an engineer, an inspector, or other
41-11    specialized personnel.
41-12          (d)  The commission by rule shall prohibit major construction
41-13    relating to activities under the permanent management license until
41-14    the proceedings required under Section 402.028, 402.037, or
41-15    402.038, as applicable, are completed and the license or amendment
41-16    is issued.
41-17          Sec. 402.084.  COMMISSION AUTHORITY OVER FACILITY OPERATION.
41-18    (a)  The commission shall ensure that the operation of the
41-19    permanent management facility complies with state and federal law
41-20    and the rules and standards of the commission and federal and other
41-21    state agencies that have jurisdiction over the management of
41-22    low-level radioactive waste.
41-23          (b)  The commission by rule or by conditions stated in the
41-24    permanent management license may regulate any aspect of the
41-25    operation of the permanent management facility in order to protect
41-26    the public health or safety or the environment.
41-27          (c)  The commission may take or may order the permanent
 42-1    management license holder to take any action necessary to:
 42-2                (1)  protect the public health or safety or the
 42-3    environment; or
 42-4                (2)  ensure the operation of the permanent management
 42-5    facility complies with state and federal laws, rules, or standards.
 42-6          (d)  The commission, in an emergency related to the operation
 42-7    of the permanent management facility, may impound or order
 42-8    impounded low-level radioactive waste or other material delivered
 42-9    or intended for delivery to the facility.
42-10          Sec. 402.085.  RESIDENT INSPECTOR. (a)  The commission shall
42-11    employ one or more resident inspectors to continuously monitor
42-12    conditions of and operations at the permanent management facility.
42-13          (b)  The permanent management license holder shall:
42-14                (1)  provide facilities at the permanent management
42-15    facility for each resident inspector; and
42-16                (2)  cooperate fully with the activities of each
42-17    resident inspector.
42-18          (c)  A resident inspector may report any matter to the
42-19    commission for investigation or enforcement.
42-20          Sec. 402.086.  OUT-OF-STATE WASTE AND MIXED WASTE.  (a)  The
42-21    permanent management license holder may not accept for permanent
42-22    management low-level radioactive waste generated in another state
42-23    unless the low-level radioactive waste is accepted under the
42-24    compact.
42-25          (b)  The permanent management license holder may not accept
42-26    mixed waste at the permanent management facility.  In this section,
42-27    "mixed waste" means waste that contains both hazardous waste, as
 43-1    defined by Chapter 361, and low-level radioactive waste, source
 43-2    material, special nuclear material, or by-product material subject
 43-3    to the federal Atomic Energy Act of 1954 (42 U.S.C. Section 2011 et
 43-4    seq.).
 43-5          Sec. 402.087.  EMERGENCY RESPONSE PLANNING.  (a)  The
 43-6    permanent management license holder shall develop and implement an
 43-7    emergency response plan in accordance with rules of the commission
 43-8    and the department to protect the public health and safety and the
 43-9    environment from potential threats the permanent management
43-10    facility may present.
43-11          (b)  The permanent management license holder shall cooperate
43-12    with and seek the cooperation of federal agencies responsible for
43-13    regulating low-level radioactive waste disposal or management sites
43-14    and of federal, state, and local agencies engaged in disaster
43-15    relief activities.
43-16          (c)  The permanent management license holder shall ensure
43-17    that facilities and equipment necessary to respond to an emergency
43-18    at the permanent management facility are available and in operation
43-19    before the operations at the facility begin.
43-20          (d)  The commission may require the permanent management
43-21    license holder to construct facilities and procure equipment
43-22    required to provide fire, police, and emergency medical services
43-23    needed to support the permanent management facility.  The
43-24    commission rules must provide standards for determining whether,
43-25    depending on needed facilities, the proximity of the community
43-26    nearest the facility, and other appropriate factors, the fire,
43-27    police, and emergency medical facilities and equipment must be
 44-1    located at or proximate to the facility or in the nearest
 44-2    community.
 44-3          Sec. 402.088.  GROUNDWATER PROTECTION.  (a)  The commission
 44-4    by rule shall adopt and enforce groundwater protection standards
 44-5    applicable to the permanent management facility that are compatible
 44-6    with federal standards adopted under the Atomic Energy Act of 1954
 44-7    (42 U.S.C. Section 2011 et seq.).
 44-8          (b)  In adopting rules related to standards regarding
 44-9    nonradioactive constituents, the commission shall consider the
44-10    compatibility of those standards with the commission's groundwater
44-11    protection standards adopted under other programs.
44-12          Sec. 402.089.  OPERATIONS AFTER LICENSE EXPIRATION,
44-13    SUSPENSION, OR REVOCATION.  (a)  The commission may operate the
44-14    permanent management facility or take any action necessary to
44-15    ensure the safety of the facility in the absence of a permanent
44-16    management license holder if:
44-17                (1)  the permanent management license expires and, on
44-18    the expiration date, a new permanent management license has not
44-19    been issued to operate the permanent management facility; or
44-20                (2)  the permanent management license is revoked or
44-21    suspended.
44-22          (b)  A person whose permanent management license has expired
44-23    or has been revoked or suspended shall comply with orders of the
44-24    commission regarding activities at the permanent management
44-25    facility that are necessary to the continued safe operation or
44-26    closure of the facility or for corrective action.
44-27          (c)  The commission by order may authorize a person whose
 45-1    permanent management license has expired to continue to operate the
 45-2    permanent management facility in accordance with commission orders
 45-3    until the commission issues another permanent management license to
 45-4    operate the facility.
 45-5          Sec. 402.090.  DECOMMISSIONING AND CLOSING PERMANENT
 45-6    MANAGEMENT FACILITY.  If the commission finds after notice and
 45-7    hearing that the permanent management facility should be closed,
 45-8    the permanent management license holder shall decommission the
 45-9    facility in compliance with federal and state law, rules, and
45-10    standards and with rules and plans of the commission.
45-11          Sec. 402.091.  EMERGENCY ORDERS.  (a)  If the commission
45-12    finds an emergency exists related to low-level radioactive waste
45-13    that requires immediate action to protect the public health and
45-14    safety and the environment, the commission may issue an order
45-15    stating the existence of the emergency and requiring that action be
45-16    taken at the agency's direction to meet the emergency. The order
45-17    may be issued without notice or hearing.
45-18          (b)  The order may take effect immediately.
45-19          (c)  A person to whom the order is directed shall comply
45-20    immediately with the order.
45-21          (d)  The commission shall provide a person to whom the order
45-22    is directed an opportunity for a hearing on written application to
45-23    the agency not later than the 30th day following the date the order
45-24    is issued.
45-25          (e)  The commission shall hold a requested hearing not
45-26    earlier than the 11th day and not later than the 20th day after the
45-27    date of receipt of the hearing application.
 46-1          (f)  The commission shall continue, modify, or revoke the
 46-2    order based on the hearing.
 46-3          Sec. 402.092.  CORRECTIVE ACTION AND MEASURES.  (a)  If the
 46-4    commission finds that low-level radioactive waste threatens the
 46-5    public health and safety and the environment and that the permanent
 46-6    management license holder managing the low-level radioactive waste
 46-7    is unable to remove the threat, the agency by order may require any
 46-8    action, including a corrective measure, that is necessary to remove
 46-9    the threat.  The order may be issued without notice or a hearing.
46-10          (b)  The commission shall use the security provided by the
46-11    permanent management license holder under Section 402.034 to pay
46-12    the costs of actions that are taken or that are to be taken under
46-13    an order issued under this section.  The commission shall send to
46-14    the comptroller a copy of its order together with necessary written
46-15    requests authorizing the comptroller to:
46-16                (1)  enforce security supplied by the permanent
46-17    management license holder;
46-18                (2)  convert an amount of security into cash, as
46-19    necessary; and
46-20                (3)  disburse from the security in the permanent
46-21    management facility decommissioning account the amount necessary to
46-22    pay the costs.  [DISPOSAL SITE SELECTION STUDIES.  The authority
46-23    shall make studies or contract for studies to be made of the future
46-24    requirements for disposal of low-level radioactive waste in this
46-25    state and to determine the areas of the state that are relatively
46-26    more suitable than others for low-level radioactive waste disposal
46-27    activities.]
 47-1          [Sec. 402.082.  STUDY CRITERIA.  Studies required under
 47-2    Section 402.081 must consider:]
 47-3                [(1)  the volume of low-level radioactive waste
 47-4    generated by type and source categories for the expected life of
 47-5    the disposal site, including waste that may be generated from the
 47-6    decommissioning of nuclear power plants located in this state;]
 47-7                [(2)  geology;]
 47-8                [(3)  topography;]
 47-9                [(4)  transportation and access;]
47-10                [(5)  meteorology;]
47-11                [(6)  population density;]
47-12                [(7)  surface and subsurface hydrology;]
47-13                [(8)  flora and fauna;]
47-14                [(9)  current land use;]
47-15                [(10)  criteria established by the commission for
47-16    disposal site selection;]
47-17                [(11)  the proximity of the disposal site to sources of
47-18    low-level radioactive waste, including related transportation
47-19    costs, to the extent that the proximity and transportation costs do
47-20    not interfere with selection of a suitable disposal site for
47-21    protecting public health and the environment;]
47-22                [(12)  other disposal site characteristics that may
47-23    need study on a preliminary basis and for which detailed study
47-24    would be required to prepare an application or license required for
47-25    disposal site operation; and]
47-26                [(13)  alternative management techniques, including
47-27    aboveground isolation facilities, waste processing and reduction at
 48-1    the site of waste generation and at an authority management site,
 48-2    and waste recycling.]
 48-3          [Sec. 402.083.  CHOOSING SITES FOR FURTHER ANALYSIS.  On
 48-4    completion of the studies required by Section 402.081, the board
 48-5    shall choose at least two potential disposal sites for further
 48-6    analysis.]
 48-7          [Sec. 402.084.  EVALUATION OF POTENTIAL SITES.  (a)  For each
 48-8    potential disposal site under Section 402.083, the authority shall
 48-9    evaluate or contract for the evaluation of:]
48-10                [(1)  preoperating costs;]
48-11                [(2)  operating costs;]
48-12                [(3)  maintenance costs;]
48-13                [(4)  costs of decommissioning and extended care; and]
48-14                [(5)  socioeconomic, environmental, and public health
48-15    impacts associated with the site.]
48-16          [(b)  The socioeconomic impacts to be evaluated include fire,
48-17    police, education, utility, public works, public access, planning,
48-18    and other governmental services and assumed and perceived risks of
48-19    the disposal sites and disposal activities.]
48-20          [(c)  Public officials and members of local boards or
48-21    governing bodies of local political subdivisions of the state in
48-22    which a potential disposal site is located shall be invited to
48-23    participate in appropriate evaluation activities.]
48-24          [Sec. 402.085.  SITE PROPOSAL. On receiving the results of
48-25    the studies and evaluations required by Sections 402.081, 402.084,
48-26    and 402.087, the board shall propose a site that appears to be the
48-27    most suitable for a disposal site and shall hold a public hearing
 49-1    to consider whether that site should be selected as the disposal
 49-2    site.]
 49-3          [Sec. 402.086.  REPORT AND INFORMATIONAL SEMINARS. (a)
 49-4    Before the board gives notice of the hearing on the proposed
 49-5    disposal site, the authority shall prepare a report that includes:]
 49-6                [(1)  detailed information regarding all aspects of the
 49-7    disposal site selection process;]
 49-8                [(2)  criteria for disposal site selection as
 49-9    established by the appropriate licensing authority; and]
49-10                [(3)  summaries of the studies required under Section
49-11    402.081 and the evaluations required under Section 402.084.]
49-12          [(b)  The authority shall make the report available to the
49-13    public.]
49-14          [(c)  The authority may contract for the distribution of the
49-15    report and may hold or contract with other persons to hold
49-16    informational seminars for the public.]
49-17          [Sec. 402.087.  MEDIATION. (a)  The authority may appoint a
49-18    mediator to consider the views of parties interested in the
49-19    selection of a disposal site.]
49-20          [(b)  The mediator may conduct a series of meetings with
49-21    delegates from groups of interested parties.  The delegates are
49-22    selected according to criteria established by the board.]
49-23          [(c)  Mediation meetings may be held in the counties in which
49-24    the potential disposal sites are located and shall be held before
49-25    the public hearing required by Section 402.085.]
49-26          [(d)  The mediator shall prepare a report and submit it to
49-27    the board before the board gives notice of the public hearing.]
 50-1          [Sec. 402.088.  HEARING. (a)  A hearing under Section 402.085
 50-2    shall be held at the county courthouse of the host county.]
 50-3          [(b)  The board shall give notice of the hearing on the
 50-4    proposed disposal site by publishing notice in English and Spanish
 50-5    in a newspaper published in the host county. The notice must be
 50-6    published at least once each week for four consecutive weeks
 50-7    beginning not later than the 31st day before the date set for the
 50-8    hearing.]
 50-9          [(c)  If a newspaper is not published in the host county or
50-10    if no newspaper in the host county will publish the notice, the
50-11    board shall post written notice of the hearing in three public
50-12    places in the host county.  The board shall post one of the notices
50-13    at the door of the county courthouse.  The notices must be posted
50-14    for at least 30 consecutive days preceding the date set for the
50-15    hearing.]
50-16          [Sec. 402.089.  BOARD DETERMINATION; RESTRICTIONS ON
50-17    SELECTION NEAR RESERVOIR. (a)  The board shall determine if the
50-18    proposed disposal site should be selected after a thorough
50-19    consideration of:]
50-20                [(1)  the studies and evaluations relating to site
50-21    selection;]
50-22                [(2)  the criteria required to be used in those
50-23    studies; and]
50-24                [(3)  testimony and evidence presented at the hearing.]
50-25          [(b)  The board may not select a disposal site under this
50-26    subchapter that is within 20 miles upstream or up-drainage from the
50-27    maximum elevation of the surface of a reservoir project that:]
 51-1                [(1)  has been constructed or is under construction by
 51-2    the United States Bureau of Reclamation or the United States Corps
 51-3    of Engineers; or]
 51-4                [(2)  has been approved for construction by the Texas
 51-5    Water Development Board as part of the state water plan under
 51-6    Subchapter C, Chapter 16, Water Code.]
 51-7          [Sec. 402.090.  ORDER DESIGNATING SITE. If the board selects
 51-8    a proposed disposal site as the disposal site, the board by order
 51-9    shall designate the site as the disposal site and shall issue a
51-10    final report.]
51-11          [Sec. 402.091.  REJECTION OF PROPOSED SITE. (a)  If the board
51-12    determines that a proposed disposal site should not be selected,
51-13    the board shall issue an order rejecting the site and shall call
51-14    another hearing to consider another proposed disposal site that
51-15    appears suitable from the studies and evaluations.]
51-16          [(b)  The board shall continue to follow the procedures of
51-17    disposal site selection under this subchapter until a suitable
51-18    disposal site is selected.]
51-19          [Sec. 402.092.  FINAL REPORT. The authority shall submit to
51-20    the governor and to the legislature for informational purposes a
51-21    copy of the final report and order selecting a disposal site.]
51-22          [Sec. 402.0921.  SITE AREA. Notwithstanding any other law or
51-23    other provision of this chapter, the board shall select as the
51-24    disposal site, a site:]
51-25                [(1)  within Hudspeth County, Texas, and]
51-26                [(2)  circumscribed on the north by 31 degrees north
51-27    latitude, 15' and 00"'; on the south by 31 degrees north latitude,
 52-1    00' and 00"'; on the east by 105 degrees longitude, 00' and 00"';
 52-2    and on the west by 105 degrees longitude, 22' and 30"'.]
 52-3          [Sec. 402.0922.  EMINENT DOMAIN. The authority may acquire
 52-4    land for a disposal site within the geographical area described in
 52-5    Section 402.0921 by condemnation and in accordance with Chapter 21
 52-6    of the Property Code.]
 52-7          [Sec. 402.093.  PROCEEDING NOT A CONTESTED CASE. A proceeding
 52-8    under Sections 402.085-402.092 is not a contested case as defined
 52-9    by Chapter 2001, Government Code.]
52-10          [Sec. 402.094.  ACQUISITION OF PROPERTY. (a)  The authority
52-11    may acquire by gift, grant, or purchase any land, easements,
52-12    rights-of-way, and other property interests necessary to construct
52-13    and operate a disposal site.]
52-14          [(b)  The authority must acquire the fee simple title to all
52-15    land and property that is a part of the licensed disposal site.]
52-16          [(c)  The authority may lease property on terms and
52-17    conditions the board determines advantageous to the authority, but
52-18    land that is part of a licensed disposal site may be leased only
52-19    from the Texas Public Finance Authority as provided by the Texas
52-20    Public Finance Authority Act (Article 601d, Vernon's Texas Civil
52-21    Statutes).]
52-22          [(d)  The authority may lease land owned by the authority
52-23    that is not part of a licensed disposal site.  Land leased by the
52-24    authority under this section may be used only for agricultural,
52-25    ranching, or grazing purposes.]
52-26          SECTION 10.  Section 402.126, Health and Safety Code, is
52-27    amended to read as follows:
 53-1          Sec. 402.126.  RANGELAND AND WILDLIFE MANAGEMENT PLAN; BUFFER
 53-2    ZONE. (a)  To implement a rangeland and wildlife management plan,
 53-3    the commission [authority] may lease [from the School Land Board or
 53-4    the board of regents of The University of Texas System] property
 53-5    that is [dedicated to the permanent school fund or the permanent
 53-6    university fund and that is] proximate to the site where the
 53-7    permanent management facility is located [a disposal site].  Land
 53-8    leased for a rangeland and wildlife management plan may not exceed
 53-9    65,000 acres.
53-10          (b)  In addition to any land leased under Subsection (a), the
53-11    commission shall require the permanent management license holder to
53-12    purchase or lease an area of land surrounding the permanent
53-13    management facility sufficient [The authority shall lease from the
53-14    School Land Board on the School Land Board's terms and conditions
53-15    the land determined by the School Land Board as necessary] to serve
53-16    as a buffer for the facility [disposal site]. Land leased under
53-17    this subsection shall be used by the commission and the license
53-18    holder [authority] to implement a rangeland and wildlife management
53-19    plan.  The license holder must be in possession of the land to be
53-20    used as the buffer zone before the facility may accept low-level
53-21    radioactive waste under the permanent management license.
53-22          SECTION 11. Section 402.216, Health and Safety Code, is
53-23    transferred to Subchapter D, Chapter 402, Health and Safety Code,
53-24    as amended by this Act, redesignated as Section 402.093, Health and
53-25    Safety Code, and amended to read as follows:
53-26          Sec. 402.093 [402.216].  RULES RELATING TO PERMANENT
53-27    MANAGEMENT FACILITY [DISPOSAL SITE]. (a)  The commission [board]
 54-1    shall adopt rules governing:
 54-2                (1)  the operation of the permanent management facility
 54-3    [disposal sites];
 54-4                (2)  acceptance of low-level radioactive waste at the
 54-5    permanent management facility;
 54-6                (3)  maintenance and monitoring of the permanent
 54-7    management facility [disposal sites]; and
 54-8                (4)  activities relating to the management and
 54-9    operation of the permanent management facility [disposal sites].
54-10          (b)  The commission by rule shall exclude from the permanent
54-11    management facility types of low-level radioactive waste that are
54-12    incompatible with permanent management operations at the facility.
54-13    [Rules adopted under this section may not be less stringent than
54-14    those adopted by the commission.]
54-15          SECTION 12. Section 402.217, Health and Safety Code, is
54-16    transferred to Subchapter D, Chapter 402, Health and Safety Code,
54-17    as amended by this Act, redesignated as Section 402.094, Health and
54-18    Safety Code, and amended to read as follows:
54-19          Sec. 402.094 [402.217].  PROCESSING AND PACKAGING FACILITIES.
54-20    The commission by rule shall require the permanent management
54-21    facility to have on-site, as necessary, [DISPOSAL SITE ACTIVITIES.
54-22    (a)  The authority may adopt any methods and techniques for
54-23    permanent disposal that comply with federal and state standards for
54-24    low-level radioactive waste disposal and that protect the public
54-25    health and safety and the environment.]
54-26          [(b)  The authority may provide] facilities [at disposal
54-27    sites] for processing and packaging low-level radioactive waste for
 55-1    disposal or assured isolation.
 55-2          SECTION 13. Section 402.221, Health and Safety Code, is
 55-3    transferred to Subchapter D, Chapter 402, Health and Safety Code,
 55-4    as amended by this Act, redesignated as Section 402.095, Health and
 55-5    Safety Code, and amended to read as follows:
 55-6          Sec. 402.095 [402.221].  PACKAGING OF RADIOACTIVE WASTE. (a)
 55-7    The Texas Board of Health shall adopt rules relating to the
 55-8    packaging of radioactive waste.
 55-9          (b)  An inspector employed by the department shall inspect
55-10    all packaged radioactive waste before it is transported to a
55-11    permanent management facility [disposal site] in this state.
55-12          (c)  The department shall charge a reasonable fee for the
55-13    inspection in an amount not to exceed the cost of inspection.
55-14          SECTION 14. Section 402.222, Health and Safety Code, is
55-15    transferred to Subchapter D, Chapter 402, Health and Safety Code,
55-16    as amended by this Act, redesignated as Section 402.096, Health and
55-17    Safety Code, and amended to read as follows:
55-18          Sec. 402.096 [402.222].  SHIPMENT OF LOW-LEVEL RADIOACTIVE
55-19    WASTE. (a)  On arrival of a shipment of low-level radioactive waste
55-20    at a permanent management facility, the permanent management
55-21    license holder [disposal site, the on-site operator or the
55-22    operator's agent] must determine that the waste complies with all
55-23    laws, rules, and standards relating to processing and packaging of
55-24    low-level radioactive waste before the waste is accepted at the
55-25    facility for disposal or assured isolation [at the disposal site].
55-26          (b)  A person making a shipment of low-level radioactive
55-27    waste that is in excess of 75 cubic feet shall give the permanent
 56-1    management license holder [on-site operator of the disposal site]
 56-2    written notice of the shipment at least 72 hours before shipment to
 56-3    the permanent management facility [disposal site] begins.  The
 56-4    written notice must contain information required by rules of the
 56-5    commission [the board].
 56-6          SECTION 15. Section 402.223, Health and Safety Code, is
 56-7    transferred to Subchapter D, Chapter 402, Health and Safety Code,
 56-8    as amended by this Act, redesignated as Section 402.097, Health and
 56-9    Safety Code, and amended to read as follows:
56-10          Sec. 402.097 [402.223].  IMPROPERLY PROCESSED OR PACKAGED
56-11    LOW-LEVEL RADIOACTIVE WASTE. (a)  If low-level radioactive waste
56-12    that is not properly processed or packaged arrives at the permanent
56-13    management facility [a disposal site], the permanent management
56-14    license holder [on-site operator or the operator's agent] shall
56-15    properly process and package the waste for disposal or assured
56-16    isolation and charge the person making the shipment the fee
56-17    required by Section 402.274.
56-18          (b)  The permanent management license holder [on-site
56-19    operator or the operator's agent] shall report to the federal and
56-20    state agencies that establish rules and standards for processing,
56-21    packaging, and transporting low-level radioactive waste any person
56-22    who delivers to the permanent management facility [a disposal site]
56-23    low-level radioactive waste that is not properly processed or
56-24    packaged.
56-25          SECTION 16. Sections 402.252(a), (c), and (d), Health and
56-26    Safety Code, are amended to read as follows:
56-27          (a)  Each quarter, the commission shall [The board shall
 57-1    quarterly] transfer money in the low-level radioactive waste fund
 57-2    generated by [planning and implementation fee surcharges under
 57-3    Sections 402.2721(e) and (f), and] that portion of waste disposal
 57-4    fees identifiable as adopted for the purposes of Sections
 57-5    402.273(a)(3) and (b) to the commissioners court of the host
 57-6    county.
 57-7          (c)  Money received from the low-level radioactive waste fund
 57-8    under this section may be spent only for local public projects that
 57-9    are for the use and benefit of the public at large.  The commission
57-10    [board] shall adopt guidelines for the expenditure of money
57-11    received under this section, and the commissioners court shall
57-12    spend or disburse the money for use according to those guidelines.
57-13          (d)  Annually the commissioners court shall provide to the
57-14    commission [board] a detailed accounting of the money held,
57-15    expended, or disbursed by the county.
57-16          SECTION 17.  Sections 402.271 and 402.272, Health and Safety
57-17    Code, are amended to read as follows:
57-18          Sec. 402.271.  COMMISSION [AUTHORITY'S] EXPENSES. The
57-19    commission's expenses under this chapter [authority's expenses]
57-20    shall be paid from:
57-21                (1)  waste disposal fees;
57-22                (2)  money in the low-level radioactive waste fund
57-23    derived from planning and implementation fees deposited in that
57-24    fund and the interest earned on that money;
57-25                (3)  proceeds from the sale of bonds under Subchapter
57-26    K, if any;
57-27                (4)  contributions from members of the [a low-level
 58-1    radioactive waste] compact [entered into under Section 402.219(c)];
 58-2                (5)  appropriations made by the legislature; and
 58-3                (6)  other receipts, fees, and interest earned in funds
 58-4    authorized by or collected under this subchapter and deposited in
 58-5    the low-level radioactive waste fund.
 58-6          Sec. 402.272.  WASTE DISPOSAL FEES. (a)  The commission
 58-7    [board] shall have collected at the permanent management facility
 58-8    on delivery of low-level radioactive waste or as commission rules
 58-9    otherwise provide a waste disposal fee to be paid by each person
58-10    who delivers low-level radioactive waste to the facility.  The fees
58-11    shall be payable to this state in the name of the commission
58-12    [authority for disposal].
58-13          (b)  The commission [board] by rule shall adopt and
58-14    periodically revise waste disposal fees according to a schedule
58-15    that is based on the projected annual volume of low-level
58-16    radioactive waste received, the relative hazard presented by each
58-17    type of low-level radioactive waste that is generated by the users
58-18    of radioactive materials, and the costs identified in Section
58-19    402.273.
58-20          (c)  In determining relative hazard, the commission [board]
58-21    shall consider the radioactive, physical, and chemical properties
58-22    of each type of low-level radioactive waste.
58-23          SECTION 18.  Sections 402.273 and 402.274, Health and Safety
58-24    Code, are amended to read as follows:
58-25          Sec. 402.273.  WASTE DISPOSAL FEE CRITERIA. (a)  Waste
58-26    disposal fees adopted by the commission [board] must be sufficient
58-27    to:
 59-1                (1)  allow the commission and the permanent management
 59-2    license holder [authority] to recover operating and maintenance
 59-3    costs, including the costs of financial assurance and a reasonable
 59-4    return on investment;
 59-5                (2)  provide an amount necessary to meet future costs
 59-6    of decommissioning, closing, and postclosure maintenance and
 59-7    surveillance of the permanent management facility and, if
 59-8    applicable, costs of converting an assured isolation facility to a
 59-9    disposal facility [site];
59-10                (3)  provide an amount to fund local public projects
59-11    under Subchapter I;
59-12                (4)  provide an amount sufficient to fund, in whole or
59-13    in part, a rangeland and wildlife management plan;
59-14                (5)  provide an amount necessary to pay federal and
59-15    state licensing fees incurred by the commission or the permanent
59-16    management license holder and to provide security required by the
59-17    commission under Section 402.034 [law] and commission rules; and
59-18                (6)  provide an amount necessary to fund debt service
59-19    and necessary fees and charges, including insurance premiums and
59-20    similar costs, associated with the issuance and payment of bonds
59-21    under Subchapter K.
59-22          (b)  This subsection applies only if the commission
59-23    [authority] does not issue bonds under Subchapter K. The waste
59-24    disposal fees must also include an amount sufficient to allow the
59-25    commission [authority] to recover expenses incurred before
59-26    [beginning] operation of the permanent management facility begins,
59-27    [disposal site] amortized over a period of not more than 20 years
 60-1    beginning on the first day of operation of the facility [disposal
 60-2    site].  The fees must be sufficient to recover the depository
 60-3    interest that the general revenue fund would have earned had the
 60-4    fund not been used to pay expenses incurred before the facility
 60-5    [disposal site] begins operation.  Depository interest recovered
 60-6    under this subsection shall be deposited to the credit of the
 60-7    general revenue fund. Principal recovered under this subsection
 60-8    shall be deposited to the credit of the general revenue fund until
 60-9    the amount deposited has fully reimbursed the fund for expenses
60-10    paid from the fund before the facility [disposal site] begins
60-11    operation.  The remainder of the principal shall be deposited as
60-12    provided by Section 402.275(c) [402.272(a)].
60-13          (c)  The amount required by Subsection (a)(3) may not be less
60-14    than 10 percent of the annual gross receipts from waste received at
60-15    the permanent management facility [disposal site].
60-16          (d)  The holder of the permanent management license may
60-17    petition the commission for a change in the fee amount determined
60-18    under this section.
60-19          Sec. 402.274.  PROCESSING AND PACKAGING FEES. The commission
60-20    [board] by rule shall adopt and periodically revise processing and
60-21    packaging fees according to a schedule that is based on the volume
60-22    of improperly processed or packaged low-level radioactive waste
60-23    delivered to the permanent management facility [for disposal] and
60-24    on the cost to the permanent management license holder [authority]
60-25    for properly processing and packaging the low-level radioactive
60-26    waste in compliance with federal and state standards.
60-27          SECTION 19.  Subchapter J, Chapter 402, Health and Safety
 61-1    Code, is amended by adding Sections 402.2744 and 402.2745 to read
 61-2    as follows:
 61-3          Sec. 402.2744.  PERMANENT MANAGEMENT FACILITY DECOMMISSIONING
 61-4    ACCOUNT. (a)  The commission shall:
 61-5                (1)  determine an amount that will be necessary to
 61-6    finance the decommissioning of the permanent management facility at
 61-7    the time the facility should be decommissioned;
 61-8                (2)  determine the portion of the fees collected under
 61-9    Section 402.272 necessary to fund an account to pay those costs
61-10    over time; and
61-11                (3)  direct the comptroller to deposit in the permanent
61-12    management facility decommissioning account the portion of the fees
61-13    determined under Subdivision (2).
61-14          (b)  Each biennium, the commission shall review the balance
61-15    of the permanent management facility decommissioning account and
61-16    the amount of interest the account generates.  When the balance of
61-17    the account reaches an amount that would generate enough interest
61-18    income to fully finance the costs of decommissioning the facility
61-19    by the time the facility is projected to be decommissioned, the
61-20    commission shall direct the comptroller to discontinue directing
61-21    fee money into the account.
61-22          (c)  The permanent management facility decommissioning
61-23    account is an account in the general revenue fund.  Money in the
61-24    account may be used only to pay refunds under Section 402.063(g),
61-25    the costs of corrective actions ordered under Section 402.092, and
61-26    the costs of decommissioning a permanent management facility
61-27    licensed under Subchapter B.  Interest earned on money in the
 62-1    account shall be deposited to the credit of the account.  The
 62-2    account is exempt from the application of Section 403.095,
 62-3    Government Code.
 62-4          Sec. 402.2745.  ASSURED ISOLATION CONVERSION ACCOUNT. (a)
 62-5    This section applies only if the permanent management facility
 62-6    licensed under Subchapter B is an assured isolation facility.
 62-7          (b)  The commission shall:
 62-8                (1)  determine an amount that will be necessary to
 62-9    finance the conversion of the permanent management facility for
62-10    disposal of the low-level radioactive waste at the time the
62-11    facility should be converted for disposal of the waste;
62-12                (2)  determine the portion of the fees collected under
62-13    Section 402.272 necessary to fund an account to pay those costs
62-14    over time; and
62-15                (3)  direct the comptroller to deposit in the assured
62-16    isolation conversion account the portion of the fees determined
62-17    under Subdivision (2).
62-18          (c)  Each biennium, the commission shall review the balance
62-19    of the assured isolation conversion account and the amount of
62-20    interest the account generates.  When the balance of the account
62-21    reaches an amount that would generate enough interest income to
62-22    fully finance the costs of converting the facility by the time the
62-23    facility is projected to be converted to a disposal facility, the
62-24    commission shall direct the comptroller to discontinue directing
62-25    fee money into the account.
62-26          (d)  The assured isolation conversion account is an account
62-27    in the general revenue fund.  Money in the account may be used only
 63-1    to pay costs of converting an assured isolation facility licensed
 63-2    under Subchapter B to a low-level radioactive waste disposal
 63-3    facility.  Interest earned on money in the account shall be
 63-4    deposited to the credit of the account. The account is exempt from
 63-5    the application of Section 403.095, Government Code.
 63-6          SECTION 20.  Sections 402.275(c) and (d), Health and Safety
 63-7    Code, are amended to read as follows:
 63-8          (c)  Money received by the commission under this chapter
 63-9    [authority], including waste disposal fees, [planning and
63-10    implementation fees, surcharges on planning and implementation
63-11    fees,] processing and packaging fees, civil penalties, payments
63-12    made by a party state to the [a low-level radioactive waste]
63-13    compact [entered into under Section 402.219(c)], and other receipts
63-14    collected by the commission [authority] under this chapter shall be
63-15    deposited to the credit of the low-level radioactive waste fund
63-16    except as provided by Sections 402.2744 and 402.2745.
63-17          (d)  Money [Except as provided by Subsection (f), money] in
63-18    the low-level radioactive waste fund may be used to pay:
63-19                (1)  costs of the commission to plan, implement, and
63-20    administer activities under this chapter before the permanent
63-21    management facility begins operation;
63-22                (2)  operating and maintenance costs of the commission
63-23    and the permanent management license holder [authority];
63-24                (3) [(2)]  future costs of decommissioning, closing,
63-25    and postclosure maintenance and surveillance of the permanent
63-26    management facility [disposal site];
63-27                (4) [(3)]  federal and state licensing fees incurred by
 64-1    the commission or the permanent management license holder and to
 64-2    provide security required by the commission under Section 402.034;
 64-3                (5) [(4)]  money judgments rendered against the
 64-4    commission [authority] that are directed by a court of this state
 64-5    to be paid from this fund;
 64-6                (6) [(5)]  expenses associated with implementation of
 64-7    the rangeland and wildlife management plan;
 64-8                (7) [(6)]  funds for local public projects under
 64-9    Subchapter I;
64-10                (8) [(7)]  debt service and necessary fees and charges,
64-11    including insurance premiums and similar costs, associated with the
64-12    issuance and payment of bonds under Subchapter K; and
64-13                (9) [(8)]  expenses of the commission for any other
64-14    purpose under this chapter.
64-15          SECTION 21.  Sections 402.291-402.296 and 402.298, Health and
64-16    Safety Code, are amended to read as follows:
64-17          Sec. 402.291.  AUTHORITY TO ISSUE BONDS. (a)  The commission
64-18    [authority] may issue, sell, and provide for the retirement of
64-19    revenue bonds to:
64-20                (1)  finance the operation of the permanent management
64-21    facility by the commission in the event the commission must operate
64-22    the facility because there is no permanent management license
64-23    holder; or [reimburse the general revenue fund for the expenses
64-24    incurred and paid by the authority in selecting, seeking approval
64-25    for, and constructing a disposal site;]
64-26                (2)  reimburse the permanent management license holder
64-27    for the costs of constructing the permanent management facility
 65-1    [pay the expenses of selecting, seeking approval of, and
 65-2    constructing a disposal site that were not paid from the general
 65-3    revenue fund; and]
 65-4                [(3)  provide required reserve funds and capitalized
 65-5    interest, and to pay issuing expenses and other expenses associated
 65-6    with the issuance and sale of bonds].
 65-7          (b)  The commission may reimburse the license holder under
 65-8    Subsection (a)(2) only if the permanent management facility is an
 65-9    assured isolation facility.
65-10          (c)  The bonds may not be a debt or pledge of the faith and
65-11    credit of the state or the commission[, the authority, or a public
65-12    entity,] but shall be payable from receipts collected by the
65-13    commission [authority] and credited to the low-level radioactive
65-14    waste fund and pledged to the payment of the bonds authorized under
65-15    this subchapter.
65-16          (d) [(c)]  The bonds must contain on their face a statement
65-17    that:
65-18                (1)  the state or the commission[, the authority, or a
65-19    public entity] is not obligated to pay the principal of or interest
65-20    on the bonds; and
65-21                (2)  the faith and credit and the taxing power of the
65-22    state [or of a public entity] is not pledged to the payment of the
65-23    principal of or interest on the bonds.
65-24          (e) [(d)]  The Texas Public Finance Authority, acting on
65-25    behalf of the commission [Texas Low-Level Radioactive Waste
65-26    Disposal Authority], shall issue all bonds authorized under this
65-27    subchapter.  In connection with the issuance of those bonds, the
 66-1    Texas Public Finance Authority is subject to all rights, duties,
 66-2    and conditions provided by this subchapter with respect to the
 66-3    issuance of bonds by the commission [Texas Low-Level Radioactive
 66-4    Waste Disposal Authority].
 66-5          Sec. 402.292.  [BOARD] AUTHORIZATION OF BONDS. (a)  The
 66-6    commission [board] may issue bonds by [resolution or] order.
 66-7          (b)  In the [resolution or] order authorizing the bonds, the
 66-8    commission [board] may provide for the bonds to:
 66-9                (1)  be executed and delivered at any time as a single
66-10    issue or from time to time as several issues;
66-11                (2)  be in any denomination and form, including
66-12    registered uncertified obligations not represented by written
66-13    instruments and commonly known as book-entry obligations, the
66-14    registration of ownership and transfer of which the commission
66-15    [authority] shall provide for under a system of books and records
66-16    maintained by a bank serving as trustee, paying agent, or bond
66-17    registrar;
66-18                (3)  be in coupon or registered form;
66-19                (4)  be payable in installments and have a maturity
66-20    date not to exceed 30 years from date of issuance;
66-21                (5)  be subject to terms of redemption prior to
66-22    maturity;
66-23                (6)  be payable at a place or places;
66-24                (7)  bear no interest or bear interest at any rate or
66-25    rates, fixed, variable, floating, or otherwise determined by the
66-26    commission [board], not to exceed the maximum net effective
66-27    interest rate allowed by Chapter 1204, Government Code [Chapter 3,
 67-1    Acts of the 61st Legislature, Regular Session, 1969 (Article
 67-2    717k-2, Vernon's Texas Civil Statutes)]; and
 67-3                (8)  contain other provisions not inconsistent with
 67-4    this subchapter.
 67-5          (c)  The [authority's] bonds shall be:
 67-6                (1)  signed by the commission [board chairman or
 67-7    vice-chairman];
 67-8                (2)  attested to by the executive director [board's
 67-9    secretary]; and
67-10                (3)  bear the seal of the commission [authority].
67-11          Sec. 402.293.  APPROVAL OF BONDS. Bonds issued under this
67-12    subchapter [Authority bonds] are subject to approval by the
67-13    attorney general and the Bond Review Board [bond review board] and
67-14    registration by the comptroller as provided by Chapters 1202 and
67-15    1231, Government Code [Article 3, Chapter 53, Acts of the 70th
67-16    Legislature, 2nd Called Session, 1987 (Article 717k-8, Vernon's
67-17    Texas Civil Statutes), and Chapter 1078, Acts of the 70th
67-18    Legislature, Regular Session, 1987 (Article 717k-7, Vernon's Texas
67-19    Civil Statutes)].
67-20          Sec. 402.294.  SALE OF BONDS; PROCEEDS OF SALE. (a)  After
67-21    approval and registration, the commission [authority] may sell the
67-22    bonds at a public or private sale and in a manner provided in the
67-23    commission's [board's resolution or] order authorizing the sale.
67-24          (b)  The commission [authority] shall establish and maintain
67-25    funds in the state treasury into which the proceeds from the sale
67-26    of the bonds are deposited, including an interest and sinking fund,
67-27    a reserve fund, and other funds [established by the board].
 68-1          (c)  The commission [authority] may make an expenditure from
 68-2    a fund established under Subsection (b) only for the purposes
 68-3    prescribed by Section 402.291.
 68-4          (d)  The commission [board] may authorize the comptroller to
 68-5    invest the money in a fund established under Subsection (b) in
 68-6    investments allowed by law for state funds.  Money earned on those
 68-7    investments shall be deposited to the credit of that fund.
 68-8          Sec. 402.295.  REFUNDING BONDS. The commission [authority]
 68-9    may issue bonds to refund all or part of its outstanding bonds,
68-10    including unpaid interest, in the same manner provided by law,
68-11    including Chapter 1207, Government Code [503, Acts of the 54th
68-12    Legislature, Regular Session, 1955 (Article 717k, Vernon's Texas
68-13    Civil Statutes), and Chapter 784, Acts of the 61st Legislature,
68-14    Regular Session, 1969 (Article 717k-3, Vernon's Texas Civil
68-15    Statutes)].
68-16          Sec. 402.296.  BONDS AS INVESTMENTS AND AS SECURITY FOR
68-17    DEPOSITS. (a)  Bonds issued under this subchapter [Authority bonds]
68-18    are legal and authorized investments for:
68-19                (1)  banks;
68-20                (2)  investment companies;
68-21                (3)  trust companies;
68-22                (4)  savings and loan associations;
68-23                (5)  insurance companies;
68-24                (6)  fiduciaries;
68-25                (7)  trustees; and
68-26                (8)  sinking funds or special funds of the state and of
68-27    municipalities, counties, school districts, and political
 69-1    subdivisions and public agencies of the state.
 69-2          (b)  Bonds issued under this subchapter [Authority bonds] are
 69-3    eligible to secure deposits of public funds of the state and of
 69-4    municipalities, counties, school districts, and other political
 69-5    corporations or subdivisions of the state.  The bonds are lawful
 69-6    and sufficient security for deposits to the extent of their value
 69-7    if accompanied by all unmatured coupons.
 69-8          Sec. 402.298.  BONDHOLDER REMEDIES. (a)  If the commission
 69-9    [authority] defaults in the payment of the principal of or interest
69-10    on the bonds when due, or fails to observe or perform any other
69-11    condition, covenant, or obligation contained in the [resolution or]
69-12    order authorizing the [authority] bonds, the owner of a bond may
69-13    enforce the condition, covenant, or obligation through a mandamus
69-14    proceeding or other legal procedure provided by law.
69-15          (b)  A default by the commission [authority] of a condition,
69-16    covenant, or obligation contained in the [resolution or] order
69-17    authorizing the bonds does not impose any pecuniary liability on
69-18    the state or on the commission [authority] or impose a charge on
69-19    the general credit of the state or of the commission [authority] or
69-20    against the taxing power of the state.
69-21          SECTION 22. Sections 401.003(14)-(27), Health and Safety
69-22    Code, are amended to read as follows:
69-23                (14)  "Permanent management" has the meaning assigned
69-24    by Section 402.003.
69-25                (15)  "Person" includes a legal successor to or
69-26    representative, agent, or agency of any person but does not include
69-27    the federal commission and federal agencies the federal commission
 70-1    licenses or exempts.
 70-2                (16) [(15)]  "Person affected" means a person who
 70-3    demonstrates that the person has suffered or will suffer actual
 70-4    injury or economic damage and, if the person is not a local
 70-5    government:
 70-6                      (A)  is a resident of a county, or a county
 70-7    adjacent to that county, in which nuclear or radioactive material
 70-8    is or will be located; or
 70-9                      (B)  is doing business or has a legal interest in
70-10    land in the county or adjacent county.
70-11                (17) [(16)]  "Processing" means the storage, extraction
70-12    of material, transfer, volume reduction, compaction, or other
70-13    separation and preparation of low-level radioactive waste for reuse
70-14    or disposal, including a treatment or activity that renders the
70-15    waste less hazardous, safer for transport, or amenable to recovery,
70-16    storage, or disposal.
70-17                (18) [(17)]  "Radiation" means one or more of the
70-18    following:
70-19                      (A)  gamma-rays and X-rays, alpha and beta
70-20    particles, and other atomic or nuclear particles or rays;
70-21                      (B)  stimulated emission of radiation from an
70-22    electronic device to energy density levels that could reasonably
70-23    cause bodily harm; or
70-24                      (C)  sonic, ultrasonic, or infrasonic waves
70-25    emitted from an electronic device or resulting from the operation
70-26    of an electronic circuit in an electronic device in the energy
70-27    range to reasonably cause detectable bodily harm.
 71-1                (19) [(18)]  "Radioactive material" means a naturally
 71-2    occurring or artificially produced solid, liquid, or gas that emits
 71-3    radiation spontaneously.
 71-4                (20) [(19)  "Radioactive substance" includes:]
 71-5                      [(A)  by-product material;]
 71-6                      [(B)  naturally occurring radioactive material
 71-7    waste, excluding oil and gas NORM waste;]
 71-8                      [(C)  radioactive material;]
 71-9                      [(D)  low-level radioactive waste;]
71-10                      [(E)  source material;]
71-11                      [(F)  source of radiation; and]
71-12                      [(G)  special nuclear material.]
71-13                [(21)]  "Registration" includes:
71-14                      (A)  notice to the department of the service or
71-15    use of an electronic product; and
71-16                      (B)  registration under Section 401.105.
71-17                (21) [(22)]  "Source material" means:
71-18                      (A)  uranium, thorium, or other material that the
71-19    governor by order declares to be source material after the federal
71-20    commission has determined the material to be source material; or
71-21                      (B)  ore that contains one or more of the
71-22    materials listed in Subdivision (A) to the degree of concentration
71-23    that the governor by order declares to be source material after the
71-24    federal commission has determined the material to be of a degree of
71-25    concentration to be source material.
71-26                (22) [(23)]  "Source of radiation" means radioactive
71-27    material or a device or equipment that emits or is capable of
 72-1    producing radiation intentionally or incidentally.
 72-2                (23) [(24)]  "Special nuclear material" means:
 72-3                      (A)  plutonium, uranium 233, uranium enriched in
 72-4    the isotope 233 or the isotope 235, and any other material other
 72-5    than source material that the governor by order declares to be
 72-6    special nuclear material after the federal commission determines
 72-7    the material to be special nuclear material; or
 72-8                      (B)  material other than source material that is
 72-9    artificially enriched by any of the materials listed in Subdivision
72-10    (A).
72-11                (24) [(25)]  "Specific license" means a license, issued
72-12    pursuant to an application, to use, manufacture, produce, transfer,
72-13    receive, acquire, own, possess, process, or dispose of quantities
72-14    of or devices or equipment using by-product, source, special
72-15    nuclear, or other radioactive material.
72-16                (25) [(26)]  "Naturally occurring radioactive material
72-17    waste" or "NORM waste" means solid, liquid, or gaseous material or
72-18    combination of materials, excluding source material, special
72-19    nuclear material, and by-product material, that:
72-20                      (A)  in its natural physical state spontaneously
72-21    emits radiation;
72-22                      (B)  is discarded or unwanted; and
72-23                      (C)  is not exempt by department rule adopted
72-24    under Section 401.106.
72-25                (26) [(27)]  "Oil and gas NORM waste" means solid,
72-26    liquid, or gaseous material or combination of materials, excluding
72-27    source material, special nuclear material, and by-product material,
 73-1    that:
 73-2                      (A)  in its natural physical state spontaneously
 73-3    emits radiation;
 73-4                      (B)  is discarded or unwanted;
 73-5                      (C)  is not exempt by department rule adopted
 73-6    under Section 401.106; and
 73-7                      (D)  constitutes, is contained in, or has
 73-8    contaminated oil and gas waste as that term is defined in Section
 73-9    91.1011, [of the] Natural Resources Code.
73-10          SECTION 23.  Section 401.005, Health and Safety Code, is
73-11    amended to read as follows:
73-12          Sec. 401.005.  CODE OF FEDERAL REGULATIONS REFERENCES. A
73-13    reference in this chapter to the "C.F.R." or the "Code of Federal
73-14    Regulations" means the Code of Federal Regulations as it existed on
73-15    September 1, 2001 [1999].
73-16          SECTION 24.  Sections 401.011(a) and (b), Health and Safety
73-17    Code, are amended to read as follows:
73-18          (a)  The department is the Texas Radiation Control Agency.
73-19    The department has jurisdiction over activities and substances
73-20    regulated under this chapter except as provided by Subsection (b),
73-21    Subchapter [and Subchapters F and] K, and Chapter 402.
73-22          (b)  The commission has jurisdiction to regulate and license:
73-23                (1)  the permanent management of low-level radioactive
73-24    waste as provided by Chapter 402; and
73-25                (2)  the disposal of:
73-26                      (A)  by-product material [radioactive substances]
73-27    except by-product material defined by Section 401.003(3)(B);
 74-1                      (B)  naturally occurring radioactive material
 74-2    waste except oil and gas NORM waste;
 74-3                      (C)  source material; and
 74-4                      (D)  special nuclear material.
 74-5          SECTION 25. Section 401.015(c), Health and Safety Code, is
 74-6    amended to read as follows:
 74-7          (c)  A person is not eligible to be appointed as a
 74-8    representative of the public on the advisory board if that person
 74-9    or that person's spouse is:
74-10                (1)  engaged in an occupation in the health care field;
74-11    or
74-12                (2)  employed by, participates in the management of, or
74-13    has a financial interest, other than as a consumer, in part of the
74-14    nuclear utility industry or in a business entity or other
74-15    organization that is licensed under [Subchapter F or] Subchapter G
74-16    or Chapter 402.
74-17          SECTION 26. Sections 401.052(b) and (d)-(f), Health and
74-18    Safety Code, are amended to read as follows:
74-19          (b)  Rules adopted under this section for low-level
74-20    radioactive waste shall:
74-21                (1)  to the extent practicable, be compatible with
74-22    United States Department of Transportation and United States
74-23    Nuclear Regulatory Commission regulations relating to the
74-24    transportation of low-level radioactive waste;
74-25                (2)  require each shipper and transporter of low-level
74-26    radioactive waste to adopt an emergency plan approved by the
74-27    department for responding to transportation accidents;
 75-1                (3)  require the notification and reporting of
 75-2    accidents to the department and to local emergency planning
 75-3    committees in the county where the accident occurs;
 75-4                (4)  require each shipper to adopt a quality control
 75-5    program approved by the department to verify that shipping
 75-6    containers are suitable for shipment to a licensed disposal
 75-7    facility; [and]
 75-8                (5)  assess a fee on shippers for shipments [to a Texas
 75-9    low-level radioactive waste disposal facility] of low-level
75-10    radioactive waste originating in Texas or out-of-state to the
75-11    permanent management facility licensed under Chapter 402; and
75-12                (6)  provide that:
75-13                      (A)  a shipper shall comply immediately with an
75-14    order of the board made in response to an alleged violation of a
75-15    rule adopted under this section if the order directs immediate
75-16    compliance; and
75-17                      (B)  if a shipper who was subject to an order
75-18    that directed immediate compliance applies for a hearing on the
75-19    alleged violation before the 21st day after the date the order was
75-20    issued, the board shall provide a hearing on the alleged violation
75-21    not later than the 30th day after the date the application is
75-22    received.
75-23          (d) [(1)]  Fees assessed under this section [shall]:
75-24                (1)  may [(A)] not exceed $10 per cubic foot of shipped
75-25    low-level radioactive waste;
75-26                (2)  shall [(B)] be collected by the commission
75-27    [authority] and deposited to the credit of the radiation and
 76-1    perpetual care fund; and
 76-2                (3)  shall [(C)] be used exclusively by the department
 76-3    for emergency planning for and response to transportation accidents
 76-4    involving low-level radioactive waste.
 76-5          (e) [(2)]  Fee assessments under this section shall be
 76-6    suspended when the amount of fees collected reaches $500,000,
 76-7    except that if the balance of fees collected is reduced to $350,000
 76-8    or less, the assessments shall be reinstituted to bring the balance
 76-9    of fees collected to $500,000.
76-10          (f) [(e)]  Money expended from the radiation and perpetual
76-11    care fund to respond to accidents involving low-level radioactive
76-12    waste must be reimbursed to the radiation and perpetual care fund
76-13    by the responsible shipper or transporter according to rules
76-14    adopted by the board.
76-15          (g) [(f)]  In this section, "shipper"[:]
76-16                [(1)  "Shipper"] means a person who generates low-level
76-17    radioactive waste and ships or arranges with others to ship the
76-18    waste to a disposal site or permanent management facility.
76-19                [(2)  "Authority" means the Texas Low-Level Radioactive
76-20    Waste Disposal Authority.]
76-21          SECTION 27. Section 401.058(c), Health and Safety Code, is
76-22    amended to read as follows:
76-23          (c)  The commission, as part of the collection and
76-24    dissemination of information, shall maintain a file of:
76-25                (1)  known locations in this state at which radioactive
76-26    material has been managed by an assured isolation facility or
76-27    disposed of and at which soil and facilities are contaminated; and
 77-1                (2)  information on inspection reports relating to the
 77-2    radioactive material managed by an assured isolation facility or
 77-3    disposed of and radiation levels at those locations.
 77-4          SECTION 28. Section 401.061, Health and Safety Code, is
 77-5    amended to read as follows:
 77-6          Sec. 401.061.  LOW-LEVEL RADIOACTIVE WASTE STUDIES. The
 77-7    department and commission each within its jurisdiction shall
 77-8    conduct studies of the need for [low-level radioactive waste
 77-9    processing and disposal] facilities and technologies for processing
77-10    low-level radioactive waste, for assured isolation, and for
77-11    disposal as the agency considers necessary for minimizing the risks
77-12    to the public and the environment from low-level radioactive waste
77-13    management.
77-14          SECTION 29. Section 401.063(a), Health and Safety Code, is
77-15    amended to read as follows:
77-16          (a)  The department or commission or the agency's
77-17    representative may enter public or private property at reasonable
77-18    times to determine whether, in a matter under the agency's
77-19    jurisdiction, there is compliance with this chapter or Chapter 402
77-20    and the agency's rules, licenses, registrations, and orders under
77-21    this chapter or Chapter 402.
77-22          SECTION 30. Section 401.067, Health and Safety Code, is
77-23    transferred to Subchapter D, Chapter 402, Health and Safety Code,
77-24    as amended by this Act, redesignated as Section 402.099, Health and
77-25    Safety Code, and amended to read as follows:
77-26          Sec. 402.099 [401.067].  LOCAL GOVERNMENT INSPECTIONS. (a)
77-27    An agent or employee of a local government may examine and copy
 78-1    during regular business hours records relating to activities
 78-2    licensed under Subchapter B [F].  Examinations and copying of
 78-3    records must be done at the local government's expense and are
 78-4    subject to limitations in Chapter 552, Government Code.
 78-5          (b)  Records copied under this section are public records
 78-6    unless the record's owner shows to the satisfaction of the
 78-7    commission that the records if made public will divulge trade
 78-8    secrets.  On such a showing, the commission shall consider the
 78-9    copied records confidential.
78-10          (c)  A local government agent or employee may not enter
78-11    private property that has management in residence unless the agent
78-12    or employee notifies the management, or person in charge, of the
78-13    agent's or employee's presence and exhibits proper credentials.
78-14    The agent or employee shall observe the rules of the establishment
78-15    being inspected relating to safety, internal security, and fire
78-16    protection.
78-17          SECTION 31. Section 401.101, Health and Safety Code, is
78-18    amended to read as follows:
78-19          Sec. 401.101.  LICENSE AND REGISTRATION REQUIREMENT. A person
78-20    may not use, manufacture, produce, transport, transfer, receive,
78-21    acquire, own, possess, process, or dispose of a source of radiation
78-22    unless that person has a license, registration, or exemption from
78-23    the department or commission as provided by this chapter or, if the
78-24    source is low-level radioactive waste, a license issued under
78-25    Chapter 402 that authorizes the activity.
78-26          SECTION 32. Section 401.104(b), Health and Safety Code, is
78-27    amended to read as follows:
 79-1          (b)  Except as provided by Subsection (e), the commission by
 79-2    rule shall provide for licensing for the disposal of radioactive
 79-3    material except by-product material defined by Section
 79-4    401.003(3)(B) and low-level radioactive waste.  Licensing for the
 79-5    disposal of low-level radioactive waste is governed by Chapter 402.
 79-6    The department by rule shall provide for licensing the disposal of
 79-7    by-product material defined by Section 401.003(3)(B).
 79-8          SECTION 33. Section 401.106(c), Health and Safety Code, is
 79-9    transferred to Subchapter B, Chapter 402, Health and Safety Code,
79-10    as amended by this Act, redesignated as Section 402.041, Health and
79-11    Safety Code, and amended to read as follows:
79-12          Sec. 402.041.  EXTRAORDINARY AUTHORIZATION OF ON-SITE
79-13    DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE AT CERTAIN SITES.
79-14    [(c)]  Notwithstanding any other law, the commission may, on
79-15    request or its own initiative, authorize on-site disposal of
79-16    low-level radioactive waste on a specific basis at any site at
79-17    which low-level radioactive waste disposal operations began before
79-18    September 1, 1989, if after evaluation of the specific
79-19    characteristics of the waste, the disposal site, and the method of
79-20    disposal, the commission finds that the continuation of the
79-21    disposal activity will not constitute a significant risk to the
79-22    public health and safety and to the environment.
79-23          SECTION 34. Section 401.108(c), Health and Safety Code, is
79-24    amended to read as follows:
79-25          (c)  The commission shall reevaluate every five years the
79-26    qualifications and security provided by a license holder under
79-27    [Subchapter F or] Subchapter G. The reevaluation may coincide with
 80-1    license renewal procedures if renewal and reevaluation occur in the
 80-2    same year.
 80-3          SECTION 35.  Section 401.109(b), Health and Safety Code, is
 80-4    amended to read as follows:
 80-5          (b)  The amount and type of security required shall be
 80-6    determined under the agency's rules in accordance with criteria
 80-7    that include:
 80-8                (1)  the need for and scope of decontamination,
 80-9    decommissioning, reclamation, and [or] disposal or other permanent
80-10    management activity reasonably required to protect the public
80-11    health and safety and the environment;
80-12                (2)  reasonable estimates of the cost of
80-13    decontamination, decommissioning, reclamation, and disposal as
80-14    provided by Section 401.303; and
80-15                (3)  the cost of perpetual maintenance and
80-16    surveillance, if any.
80-17          SECTION 36. Section 401.111, Health and Safety Code, is
80-18    amended to read as follows:
80-19          Sec. 401.111.  CRITERIA FOR CERTAIN UNSUITABLE NEW SITES FOR
80-20    PROCESSING LOW-LEVEL RADIOACTIVE WASTE. (a)  The board [and
80-21    commission each], in adopting rules for the issuance of licenses
80-22    under its jurisdiction [their respective jurisdictions] for new
80-23    sites for processing [or disposal of] low-level radioactive waste
80-24    from other persons, shall adopt criteria for the designation of
80-25    unsuitable sites, including:
80-26                (1)  flood hazard areas;
80-27                (2)  areas with characteristics of discharge from or
 81-1    recharge of a groundwater aquifer system; or
 81-2                (3)  areas in which soil conditions make spill cleanup
 81-3    impracticable.
 81-4          (b)  The board [and commission each] shall consult with the
 81-5    State Soil and Water Conservation Board, the Bureau of Economic
 81-6    Geology, and other appropriate state agencies in developing
 81-7    proposed rules.  The board [and commission each] by rule shall:
 81-8                (1)  require selection of sites in areas in which
 81-9    natural conditions minimize potential contamination of surface
81-10    water and groundwater; and
81-11                (2)  prohibit issuance of licenses for unsuitable sites
81-12    as defined by the rules.
81-13          SECTION 37. Section 401.112, Health and Safety Code, is
81-14    amended to read as follows:
81-15          Sec. 401.112.  LOW-LEVEL RADIOACTIVE WASTE PROCESSING [OR
81-16    DISPOSAL] LICENSE APPLICATION AND CONSIDERATIONS. (a)  The
81-17    department [or commission], within its jurisdiction, in making a
81-18    licensing decision on a specific license application to process [or
81-19    dispose of] low-level radioactive waste from other persons, shall
81-20    consider:
81-21                (1)  site suitability, geological, hydrological, and
81-22    meteorological factors, and natural hazards;
81-23                (2)  compatibility with present uses of land near the
81-24    site;
81-25                (3)  socioeconomic effects on surrounding communities
81-26    of operation of the licensed activity and of associated
81-27    transportation of low-level radioactive waste;
 82-1                (4)  the need for and alternatives to the proposed
 82-2    activity, including an alternative siting analysis prepared by the
 82-3    applicant;
 82-4                (5)  the applicant's qualifications, including
 82-5    financial, technical, and past operating practices;
 82-6                (6)  background monitoring plans for the proposed site;
 82-7                (7)  suitability of facilities associated with the
 82-8    proposed activities;
 82-9                (8)  chemical, radiological, and biological
82-10    characteristics of the low-level radioactive waste and waste
82-11    classification under Section 401.053;
82-12                (9)  adequate insurance of the applicant to cover
82-13    potential injury to any property or person, including potential
82-14    injury from risks relating to transportation;
82-15                (10)  training programs for the applicant's employees;
82-16                (11)  a monitoring, record-keeping, and reporting
82-17    program;
82-18                (12)  spill detection and cleanup plans for the
82-19    licensed site and related to associated transportation of low-level
82-20    radioactive waste;
82-21                (13)  decommissioning and postclosure care plans;
82-22                (14)  security plans;
82-23                (15)  worker monitoring and protection plans;
82-24                (16)  emergency plans; and
82-25                (17)  a monitoring program for applicants that includes
82-26    prelicense and postlicense monitoring of background radioactive and
82-27    chemical characteristics of the soils, groundwater, and vegetation.
 83-1          (b)  An applicant for the specific license must submit with
 83-2    the application information necessary for the board [issuing
 83-3    agency] to consider the factors under Subsection (a).
 83-4          (c)  The board [and commission each] within its jurisdiction
 83-5    by rule shall provide specific criteria for the different types of
 83-6    licensed low-level radioactive waste activities for the listed
 83-7    factors and may include additional factors and criteria that the
 83-8    board [or commission, as appropriate,] determines necessary for
 83-9    full consideration of a license.
83-10          SECTION 38. Sections 401.113(a) and (b), Health and Safety
83-11    Code, are amended to read as follows:
83-12          (a)  Before a hearing under Section 401.114 begins, the board
83-13    [agency holding the hearing] shall prepare or have prepared a
83-14    written analysis of the effect on the environment of a proposed
83-15    licensed activity that the board [agency] determines has a
83-16    significant effect on the human environment.
83-17          (b)  The board [agency] shall make the analysis available to
83-18    the public not later than the 31st day before the date of a hearing
83-19    under Section 401.114.
83-20          SECTION 39. Section 401.114, Health and Safety Code, is
83-21    amended to read as follows:
83-22          Sec. 401.114.  NOTICE AND HEARING. (a)  Before the department
83-23    [or commission], within its jurisdiction, grants or renews a
83-24    license to process [or dispose of] low-level radioactive waste from
83-25    other persons, the agency shall give notice and shall provide an
83-26    opportunity for a public hearing in the manner provided by the
83-27    agency's formal hearing procedure and Chapter 2001, Government
 84-1    Code.
 84-2          (b)  In addition to other notice, the department [agency]
 84-3    shall publish notice of the hearing in the manner provided by
 84-4    Chapter 313, Government Code, in the county in which the proposed
 84-5    facility is to be located.  The notice shall state the subject and
 84-6    the time, place, and date of the hearing.
 84-7          (c)  The department [agency] shall mail, by certified mail in
 84-8    the manner provided by the agency's rules, written notice to each
 84-9    person who owns property adjacent to the proposed processing site.
84-10    The notice must be mailed not later than the 31st day before the
84-11    date of the hearing and must include the same information that is
84-12    in the published notice.  If true, the department [agency] or the
84-13    applicant must certify that the notice was mailed as required by
84-14    this subsection, and at the hearing the certificate is conclusive
84-15    evidence of the mailing.
84-16          SECTION 40. Section 401.115, Health and Safety Code, is
84-17    amended to read as follows:
84-18          Sec. 401.115.  LICENSES FROM OTHER AGENCIES. A holder of a
84-19    license to operate a facility to process [or dispose of] low-level
84-20    radioactive waste may not operate the facility until the holder has
84-21    obtained all other required licenses or permits from other
84-22    agencies.
84-23          SECTION 41. Sections 401.116(a), (b), and (d), Health and
84-24    Safety Code, are amended to read as follows:
84-25          (a)  An amendment to a license to process [or dispose of]
84-26    low-level radioactive waste from other persons may take effect
84-27    immediately.
 85-1          (b)  The department [or commission, as appropriate,] shall
 85-2    publish notice of the license amendment once in the Texas Register
 85-3    and in a newspaper of general circulation in the county in which
 85-4    the licensed activity is located and shall give notice to any
 85-5    person who has notified the agency, in advance, of the desire to
 85-6    receive notice of proposed amendment of the license.
 85-7          (d)  The department [agency] shall give notice and hold a
 85-8    hearing to consider the license amendment if a person affected
 85-9    files a written complaint with the agency before the 31st day after
85-10    the date on which notice is published under Subsection (b). The
85-11    agency shall give notice of the hearing as provided by Section
85-12    401.114.
85-13          SECTION 42. Section 401.117, Health and Safety Code, is
85-14    amended to read as follows:
85-15          Sec. 401.117.  CONSTRUCTION LIMITATION. The department [or
85-16    commission] shall prohibit major construction relating to
85-17    activities to be permitted under a license issued by the agency to
85-18    process [or dispose of] low-level radioactive waste from other
85-19    persons until the requirements in Sections 401.113 and 401.114 are
85-20    completed.
85-21          SECTION 43. Section 401.151, Health and Safety Code, is
85-22    amended to read as follows:
85-23          Sec. 401.151.  COMPATIBILITY WITH FEDERAL STANDARDS. The
85-24    department [and commission each] shall assure that the management
85-25    of low-level radioactive waste under its jurisdiction [their
85-26    respective jurisdictions] is compatible with applicable federal
85-27    commission standards.
 86-1          SECTION 44. Section 401.152, Health and Safety Code, is
 86-2    amended to read as follows:
 86-3          Sec. 401.152.  CORRECTIVE ACTION AND MEASURES. (a)  If the
 86-4    department [or commission], under procedures provided by Section
 86-5    401.056, finds that low-level radioactive waste under its
 86-6    jurisdiction threatens the public health and safety and the
 86-7    environment and that the license holder managing the low-level
 86-8    radioactive waste is unable to remove the threat, the agency by
 86-9    order may require any action, including a corrective measure, that
86-10    is necessary to remove the threat.
86-11          (b)  The department [agency] shall use the security provided
86-12    by the license holder to pay the costs of actions that are taken or
86-13    that are to be taken under this section.  The agency shall send to
86-14    the comptroller a copy of its order together with necessary written
86-15    requests authorizing the comptroller to:
86-16                (1)  enforce security supplied by the license holder;
86-17                (2)  convert an amount of security into cash, as
86-18    necessary; and
86-19                (3)  disburse from the security in the fund the amount
86-20    necessary to pay the costs.
86-21          SECTION 45. Section 401.153(b), Health and Safety Code, is
86-22    amended to read as follows:
86-23          (b)  A rule adopted under this section may not take effect
86-24    before the 24th month preceding the opening date of the permanent
86-25    management facility licensed [a low-level radioactive waste
86-26    disposal site authorized] under Chapter 402[,] and expires on the
86-27    date that the permanent management facility [disposal site] opens.
 87-1          SECTION 46. Section 401.301(b), Health and Safety Code, is
 87-2    amended to read as follows:
 87-3          (b)  The board by rule shall set the fee in an amount that
 87-4    may not exceed the actual expenses annually incurred to:
 87-5                (1)  process applications for licenses or
 87-6    registrations;
 87-7                (2)  amend or renew licenses or registrations;
 87-8                (3)  make inspections of license holders and
 87-9    registrants; and
87-10                (4)  enforce this chapter and rules, orders, licenses,
87-11    and registrations under this chapter[; and]
87-12                [(5)  collect payments to the low-level radioactive
87-13    waste fund and general revenue as provided by Section 402.2721].
87-14          SECTION 47. Sections 401.303(a) and (c), Health and Safety
87-15    Code, are amended to read as follows:
87-16          (a)  The department or commission may require the holder of a
87-17    license issued by the agency under this chapter to pay annually to
87-18    the issuing agency an amount determined by the issuing agency if
87-19    continuing or perpetual maintenance, surveillance, or other care is
87-20    required after termination of a licensed activity.
87-21          (c)  The issuing agency may review estimates of costs that
87-22    are required to be incurred under this chapter in accordance with
87-23    the need, nature, and cost of decontamination, stabilization,
87-24    decommissioning, reclamation, and disposal or other permanent
87-25    management activity and the maintenance and surveillance required
87-26    for public health and safety and the environment.
87-27          SECTION 48. Section 401.381(a), Health and Safety Code, is
 88-1    amended to read as follows:
 88-2          (a)  A person who violates a provision of this chapter
 88-3    relating to an activity under the department's jurisdiction, a
 88-4    department rule or order adopted or issued by the department under
 88-5    this chapter, [or] a condition of a license issued by the
 88-6    department under this chapter, or a condition of registration with
 88-7    the department under this chapter [condition] is subject to a civil
 88-8    penalty of not less than $100 or more than $25,000 for each
 88-9    violation and for each day that a continuing violation occurs.
88-10          SECTION 49. Section 401.382(a), Health and Safety Code, is
88-11    amended to read as follows:
88-12          (a)  A person commits an offense if the person intentionally
88-13    or knowingly violates a provision of this chapter relating to an
88-14    activity under the department's jurisdiction, other than the
88-15    offense described by Section 401.383.
88-16          SECTION 50. Section 401.383(a), Health and Safety Code, is
88-17    amended to read as follows:
88-18          (a)  A person commits an offense if the person intentionally
88-19    or knowingly receives, processes, concentrates, stores, or
88-20    transports[, or disposes of] low-level radioactive waste without a
88-21    license that authorizes the activity issued under this chapter.
88-22          SECTION 51. Section 401.412(a), Health and Safety Code, is
88-23    amended to read as follows:
88-24          (a)  Notwithstanding any other provision of this chapter and
88-25    subject to Sections 401.102 and 401.415, the commission has sole
88-26    and exclusive authority to directly regulate and to grant, deny,
88-27    renew, revoke, suspend, amend, or withdraw licenses for the
 89-1    disposal of:
 89-2                (1)  low-level radioactive waste, in accordance with
 89-3    Chapter 402;
 89-4                (2)  by-product material except by-product material
 89-5    defined by Section 401.003(3)(B);
 89-6                (3)  naturally occurring radioactive material waste
 89-7    except oil and gas NORM waste;
 89-8                (4)  source material; and
 89-9                (5)  special nuclear material [radioactive substances.
89-10    In this subsection, "radioactive substance" does not include
89-11    by-product material as defined by Section 401.003(3)(B)].
89-12          SECTION 52.  Section 403.001(a), Health and Safety Code, is
89-13    amended to read as follows:
89-14          (a)  The governor shall appoint six members to represent this
89-15    state on the commission established by Article III of the Texas
89-16    Low-Level Radioactive Waste Disposal Compact.  One of the voting
89-17    members of the compact commission shall be a legal resident of the
89-18    host county.  In this subsection, "host county" has the meaning
89-19    assigned by Section 2.01, Article II, Texas Low-Level Radioactive
89-20    Waste Disposal Compact (Section 403.006, Health and Safety Code)
89-21    [Hudspeth County, Texas].
89-22          SECTION 53.  Section 7.033, Water Code, is amended to read as
89-23    follows:
89-24          Sec. 7.033.  RECOVERY OF SECURITY FOR [CHAPTER 401, HEALTH
89-25    AND SAFETY CODE,] VIOLATION OF CHAPTER 401 OR 402, HEALTH AND
89-26    SAFETY CODE. (a)  The commission shall seek reimbursement, either
89-27    by a commission order or by a suit filed under Subchapter D by the
 90-1    attorney general at the commission's request, of security from the
 90-2    radiation and perpetual care fund used by the commission to pay for
 90-3    actions, including corrective measures, to remedy spills or
 90-4    contamination by radioactive material resulting from a violation of
 90-5    Chapter 401, Health and Safety Code, relating to an activity under
 90-6    the commission's jurisdiction or a rule adopted or a license,
 90-7    registration, or order issued by the commission under that chapter.
 90-8          (b)  The commission shall seek reimbursement, either by
 90-9    commission order or by a suit filed under Subchapter D by the
90-10    attorney general at the commission's request, of security from the
90-11    permanent management facility decommissioning account used by the
90-12    commission under Section 402.092, Health and Safety Code.
90-13          SECTION 54.  Section 7.111, Water Code, is amended to read as
90-14    follows:
90-15          Sec. 7.111.  RECOVERY OF SECURITY FOR [CHAPTER 401, HEALTH
90-16    AND SAFETY CODE,] VIOLATION OF CHAPTER 401 OR 402, HEALTH AND
90-17    SAFETY CODE. On request by the commission, the attorney general
90-18    shall file suit to recover security under Section 7.033.
90-19          SECTION 55.  Section 7.184(a), Water Code, is amended to read
90-20    as follows:
90-21          (a)  A person commits an offense if the person:
90-22                (1)  intentionally or knowingly violates a provision of
90-23    Chapter 401, Health and Safety Code, relating to an activity under
90-24    the commission's jurisdiction, or Chapter 402, Health and Safety
90-25    Code, other than the offense described by Subdivision (2); or
90-26                (2)  intentionally or knowingly receives, processes,
90-27    packages, concentrates, stores, transports, undertakes assured
 91-1    isolation, retrieves, reuses, or disposes of low-level radioactive
 91-2    waste without or in violation of a license issued by the commission
 91-3    under Chapter 401 or 402, Health and Safety Code.
 91-4          SECTION 56.  Section 7.303, Water Code, is amended to read as
 91-5    follows:
 91-6          Sec. 7.303.  GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE,
 91-7    CERTIFICATE, OR REGISTRATION. (a)  This section applies to a
 91-8    license, certificate, or registration issued:
 91-9                (1)  by the commission under:
91-10                      (A)  Section 26.0301 or 26.459 of this code;
91-11                      (B)  Chapter 18, 32, 33, or 34 of this code;
91-12                      (C)  Section 361.0861, 361.092, or 361.112,
91-13    Health and Safety Code; or
91-14                      (D)  Chapter 366, 371, [or] 401, or 402, Health
91-15    and Safety Code;
91-16                (2)  by a county under Subchapter E, Chapter 361,
91-17    Health and Safety Code; or
91-18                (3)  under a rule adopted under any of those
91-19    provisions.
91-20          (b)  After notice and hearing, the commission may suspend or
91-21    revoke a license, certificate, or registration the commission or a
91-22    county has issued, place on probation a person whose license,
91-23    certificate, or registration has been suspended, reprimand the
91-24    holder of a license, certificate, or registration, or refuse to
91-25    renew or reissue a license, certificate, or registration on any of
91-26    the following grounds:
91-27                (1)  having a record of environmental violations in the
 92-1    preceding five years at the licensed, certified, or registered
 92-2    site;
 92-3                (2)  committing fraud or deceit in obtaining the
 92-4    license, certificate, or registration;
 92-5                (3)  demonstrating gross negligence, incompetency, or
 92-6    misconduct while acting as holder of a license, certificate, or
 92-7    registration;
 92-8                (4)  making an intentional misstatement or
 92-9    misrepresentation of fact in information required to be maintained
92-10    or submitted to the commission by the holder of the license,
92-11    certificate, or registration;
92-12                (5)  failing to keep and transmit records as required
92-13    by a statute within the commission's jurisdiction or a rule adopted
92-14    under such a statute;
92-15                (6)  being indebted to the state for a fee, payment of
92-16    a penalty, or a tax imposed by a statute within the commission's
92-17    jurisdiction or a rule adopted under such a statute;
92-18                (7)  with respect to a license issued under Chapter 18,
92-19    failing to continue to possess qualifications necessary for the
92-20    issuance of an original license;
92-21                (8)  with respect to a certificate of competency issued
92-22    under Section 26.0301, violating a discharge permit of a sewage
92-23    treatment plant, unless:
92-24                      (A)  the holder of the certificate is unable to
92-25    properly operate the sewage treatment facility due to the refusal
92-26    of the permit holder to authorize necessary expenditures to operate
92-27    the sewage treatment facility properly; or
 93-1                      (B)  failure of the sewage treatment facility to
 93-2    comply with its discharge permit results from faulty design of the
 93-3    sewage treatment facility;
 93-4                (9)  with respect to a license issued under Chapter 32,
 93-5    failing to advise a person for whom a well is being drilled that
 93-6    injurious water has been encountered, is a pollution hazard, and
 93-7    must be immediately plugged in an acceptable manner;
 93-8                (10)  with respect to a registration issued under
 93-9    Chapter 366, Health and Safety Code, violating that chapter or a
93-10    rule adopted under that chapter; [or]
93-11                (11)  with respect to a license issued under Subchapter
93-12    E, Chapter 361, Health and Safety Code, violating that chapter or
93-13    another applicable law or a commission rule governing the
93-14    processing, storage, or disposal of solid waste;
93-15                (12)  with respect to a license issued by the
93-16    commission under Chapter 401, Health and Safety Code, violating a
93-17    provision of that chapter relating to an activity under the
93-18    commission's jurisdiction; or
93-19                (13)  with respect to a license issued under Chapter
93-20    402, Health and Safety Code, violating that chapter or another law
93-21    applicable to the license holder or violating a commission rule
93-22    governing the processing, packaging, storage, assured isolation, or
93-23    disposal of low-level radioactive waste.
93-24          SECTION 57.  Subchapter G, Chapter 7, Water Code, is amended
93-25    by adding Section 7.311 to read as follows:
93-26          Sec. 7.311.  EMERGENCY SUSPENSION AND CORRECTIVE ACTION ORDER
93-27    FOR PERMANENT MANAGEMENT FACILITY. (a)  If the commission has
 94-1    reason to believe a violation of a license issued under Chapter
 94-2    402, Health and Safety Code, has occurred or that a condition at
 94-3    the permanent management facility licensed under that chapter
 94-4    presents or threatens to present a danger to the public health or
 94-5    safety or the environment, the commission by order may:
 94-6                (1)  summarily suspend the permanent management
 94-7    license; and
 94-8                (2)  require the permanent management license holder to
 94-9    take action to correct the alleged violation or condition.
94-10          (b)  The commission shall provide the permanent management
94-11    license holder an opportunity for a hearing on the facts underlying
94-12    the order on written application to the commission received not
94-13    later than the 30th day after the date of the order.  The
94-14    commission shall hold the requested hearing not earlier than the
94-15    11th day and not later than the 20th day after the date the
94-16    commission receives the license holder's written application for
94-17    the hearing.
94-18          (c)  The commission shall affirmatively continue, modify, or
94-19    revoke a suspension or order based on the results of the hearing.
94-20          SECTION 58.  Section 7.351(a), Water Code, is amended to read
94-21    as follows:
94-22          (a)  If it appears that a violation or threat of violation of
94-23    Chapter 16, 26, 28, or 34 of this code or Chapter 361, 371, 372, or
94-24    382, Health and Safety Code, or a provision of Chapter 401, Health
94-25    and Safety Code, under the commission's jurisdiction, or Chapter
94-26    402, Health and Safety Code, or a rule adopted or an order or a
94-27    permit issued by the commission under those chapters or provisions
 95-1    has occurred or is occurring in the jurisdiction of a local
 95-2    government, the local government or, in the case of a violation of
 95-3    Chapter 401 or 402, Health and Safety Code, a person affected, as
 95-4    defined by Section 401.003, Health and Safety Code [in that
 95-5    chapter], may institute a civil suit under Subchapter D in the same
 95-6    manner as the commission in a district court by its own attorney
 95-7    for the injunctive relief or civil penalty, or both, as authorized
 95-8    by this chapter against the person who committed, is committing, or
 95-9    is threatening to commit the violation.
95-10          SECTION 59.  Section 7.354, Water Code, is amended to read as
95-11    follows:
95-12          Sec. 7.354.  COSTS AND FEES. A penalty collected in a suit
95-13    under this subchapter for a violation of Chapter 28 of this code or
95-14    Chapter 401 or 402, Health and Safety Code, shall be paid to the
95-15    state.  If the suit is brought by a local government or, in the
95-16    case of a violation of Chapter 401 or 402, Health and Safety Code,
95-17    by a person affected as defined by Section 401.003, Health and
95-18    Safety Code [in that chapter], the court shall include in any final
95-19    judgment in favor of the local government or affected person an
95-20    award to cover reasonable costs and attorney's fees.
95-21          SECTION 60.  Section 7.355, Water Code, is amended to read as
95-22    follows:
95-23          Sec. 7.355.  COMPLAINTS. In the case of a violation of
95-24    Chapter 401 or 402, Health and Safety Code, a local government or
95-25    person affected as defined by Section 401.003, Health and Safety
95-26    Code, may file with the commission a written complaint and may
95-27    request an investigation of an alleged violation by a person who
 96-1    holds a permit subject to the commission's jurisdiction.
 96-2          SECTION 61.  Section 7.357, Water Code, is amended to read as
 96-3    follows:
 96-4          Sec. 7.357.  PROSECUTION. A local government or, in the case
 96-5    of a violation of Chapter 401 or 402, Health and Safety Code, a
 96-6    person affected as defined by Section 401.003, Health and Safety
 96-7    Code, [in that chapter] may bring suit in the county in which the
 96-8    alleged violation occurred or is about to occur, if the commission
 96-9    does not have a suit filed before the 121st day after the date on
96-10    which the written complaint is filed under Section 7.355.
96-11          SECTION 62. The following provisions of the Health and Safety
96-12    Code are repealed:
96-13                (1)  Subchapter F, Chapter 401;
96-14                (2)  Section 401.306;
96-15                (3)  Section 401.413;
96-16                (4)  Sections 402.052 and 402.055;
96-17                (5)  Sections 402.121-402.125;
96-18                (6)  Sections 402.127-402.129;
96-19                (7)  Subchapters F and G, Chapter 402;
96-20                (8)  Sections 402.211-402.215;
96-21                (9)  Sections 402.218-402.220;
96-22                (10)  Sections 402.224-402.226;
96-23                (11)  Section 402.228;
96-24                (12)  Section 402.2721; and
96-25                (13)  Section 402.275(f).
96-26          SECTION 63. This Act takes effect September 1, 2001.