SRC-VRA H.B. 253 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 253
78R994 SGA-DBy: Chisum (Armbrister)
Health & Human Services
5/12/2003
Engrossed


DIGEST AND PURPOSE 

The 77th Texas Legislature reviewed the Texas Natural Resource
Conservation Commission under the Sunset process and continued the
commission, renaming it the Texas Commission on Environmental Quality
(TCEQ) in H.B. 2912.  As the bill moved through the legislative process,
the bill was amended several times with regard to considering past
compliance history of licensees.  The Texas Department of Health's (TDH)
statutory authority for this provision is located in the same part of the
code as TCEQ's authority to regulate low-level radioactive waste disposal.
The attempt to make TCEQ 's program actions uniform resulted in the
inadvertent removal of TDH's authority to consider past compliance history
of all radiation applicants and licenses.  H.B. 253 restores TDH's ability
to consider the past compliance history of applicants and licensees when
evaluating license applications for persons who wish to possess
radioactive material or work with radiation-producing machines. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Department of
Health in SECTION 3 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 401.110, Health and Safety Code, as follows:

 (a)  Created from existing text.

(b)  Authorizes the Texas Department of Health (TDH), in making a
determination whether to grant, deny, amend, renew, revoke, suspend, or
restrict a license or registration, to consider the technical competence,
financial qualifications, and compliance history of an applicant, license
holder, or registration holder.  Requires TDH, after an opportunity for a
hearing, to deny an application for a license or registration, license or
registration amendment, or license or registration renewal if the
applicant's compliance history reveals a recurring pattern of conduct that
demonstrates a consistent disregard for the regulatory process through
significant violations of this chapter or TDH's rules adopted under this
chapter. 
 
SECTION 2.  Amends Section 401.112(a), Health and Safety Code, to require
TDH or the Texas Commission on Environmental Quality (TCEQ), within its
jurisdiction, in making a licensing decision on a specific license
application to process or dispose of low-level radioactive waste from
other persons, to consider the applicant's qualifications, including
financial and technical qualifications and compliance history under the
method for evaluation of compliance history developed by TCEQ under
Section 5.754, Water Code, for an application to TCEQ or the requirements
of Section 401.110(b) for an application to TDH. 

SECTION 3.(a)  Effective date:  September 1, 2003.
  
(b)  Makes application of the changes in law made by the addition of
Section 401.110(b), Health and Safety Code, and the amendment of Section
401.112(a), Health and Safety Code, by this Act, prospective.   
(c)  Requires TDH, not later than December 1, 2003, to adopt rules to
implement  the changes in law made by Section 401.110(b), Health and
Safety Code, as added by this Act, and Section 401.112(a), Health and
Safety Code, as amended by this Act.