H.B. 253 78(R)    BILL ANALYSIS


H.B. 253
By: Chisum
Environmental Regulation
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

The 77th legislature reviewed the Texas Natural Resource Conservation
Commission under the Sunset Process and continued and the commission
renaming it to the Texas Commission on Environmental Quality (TCEQ) in HB
2912.  As the bill moved through the legislative process, the bill was
amended several times with regard to considering past compliance history
of licenses.  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.  The purpose is to restore 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

It is the committee's opinion that  rulemaking authority is expressly
granted to the Texas Department of Health in SECTION 3 of this bill. 

ANALYSIS

House Bill 253 authorizes the Texas Department of Health the ability to
grant, deny, amend, renew, revoke, suspend, or restrict a license or
registration based on the applicant's or license holder's technical
competence, financial qualifications, and compliance history under Section
5.754, Water Code.  If after a hearing, the applicant's compliance history
reveals a recurring pattern of conduct that disregards the regulatory
consistently, the department shall deny an application for a license or
registration, license or registration amendment, or license or
registration renewal. 

EFFECTIVE DATE

This Act takes effect September 1, 2003.