By: Burnam H.B. No. 2589
A BILL TO BE ENTITLED
AN ACT
relating to the assured isolation of low-level radioactive waste.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 402.001, Health and Safety Code, is
amended to read as follows:
Sec. 402.001. SHORT TITLE. This chapter may be cited as the
Texas Low-Level Radioactive Waste Management [Disposal] Authority
Act.
SECTION 2. Section 402.002, Health and Safety Code, is
amended to read as follows:
Sec. 402.002. FINDINGS; PURPOSE. (a) The purpose of this
chapter is to establish the Texas Low-Level Radioactive Waste
Management [Disposal] Authority with responsibility for assuring
necessary [disposal] assured isolation capability for specific
categories of low-level radioactive waste.
SECTION 3. Section 402.003, Health and Safety Code, is
amended to read as follows:
Sec. 402.003. DEFINITIONS. In this chapter:
(1) "Assured isolation" means an integrated
management system for isolating low-level radioactive waste, with
the intent of long–term management of the low-level radioactive
waste, through robust, accessible facilities, planned preventive
maintenance, and sureties adequate to address contingencies or
implement future management alternatives.
(2) "Assured isolation site" means the property and
facilities acquired, constructed, and owned by the authority at
which low-level radioactive waste can be placed in above-grade,
concrete vaults designed to isolate low-level radioactive waste
with the intent of long-term management of low-level radioactive
waste and featuring accessibility, planned preventive maintenance,
and sureties adequate to address contingencies or future management
alternatives.
(3) [(1)] "Authority" means the Texas Low-Level
Radioactive Waste Management [Disposal] Authority.
(4) [(2)] "Board" means the board of directors of the
authority.
(5) "Compact" means the Texas Low-Level Radioactive
Waste Disposal Compact under Section 403.006.
(6) [(3)] "Compact waste" means waste generated
within states that are party states as of September 1, 2002.
(7) "Contract operator" means a political subdivision
or agency of the state or a private entity with which the authority
has entered into a contract under Section 402.212.
(8) [(4)] "Department" means the Texas Department of
Health.
[(5) "Disposal site" means the property and facilities
acquired, constructed, and owned by the authority at which
low-level radioactive waste can be processed and disposed of
permanently.]
(9) [(6)] "Low-level waste" means radioactive
material that has a half-life of 35 years or less or fewer than 10
nanocuries per gram of transuranics, and may include radioactive
material not excluded by this subdivision with a half-life of more
than 35 years if special criteria for [disposal] assured isolation
of that waste are established by the commission. The term does not
include irradiated reactor fuel and high-level radioactive waste as
defined by Title 10, Code of Federal Regulations.
(10) [(7)] "Management" means establishing,
adopting, and entering into and assuring compliance with the
general policies, rules, and contracts that govern the operation of
[a disposal] an assured isolation site.
(11) [(8)] "Operation" means the control,
supervision, and implementation of the actual physical activities
involved in the receipt, processing, packaging, storage,
[disposal,] and monitoring of low-level radioactive waste at [a
disposal] an assured isolation site, the maintenance of [a
disposal] an assured isolation site, and any other responsibilities
designated by the board as part of the operation.
(12) "Party state" has the meaning assigned by Section
2.01(13) of the compact.
(13) [(9)] "Person" includes a legal successor to or
representative, agent, or agency of any person.
(14) [(10)] "Radioactive material" means solid,
liquid, or gaseous material, whether occurring naturally or
produced artificially, that emits radiation spontaneously.
(15) [(11)] "Rangeland and wildlife management plan"
means a plan that applies rangeland and wildlife habitat management
techniques to land located in the vicinity of [a disposal] an
assured isolation site so that the natural productivity and
economic value of the land are enhanced.
(16) [(12)] "Bond" means any type of obligation
issued by the authority under this chapter, including a certificate
of obligation, bond, note, draft, bill, warrant, debenture, interim
certificate, revenue or bond anticipation note, or other evidence
of indebtedness.
(17) [(13)] "Host county" means the county in which
the [disposal] assured isolation site is or will be located.
(18) [(14)] "Commission" means the Texas [Natural
Resource Conservation] Commission On Environmental Quality.
SECTION 4. Section 402.011, Health and Safety Code, is
amended to read as follows:
Sec. 402.011. TEXAS LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT
[DISPOSAL] AUTHORITY. (a) The Texas Low-Level Radioactive Waste
Management [Disposal] Authority is a state agency created under
Article XVI, Section 59(a), of the Texas Constitution.
(b) The authority has statewide jurisdiction.
SECTION 5. Section 402.012, Health and Safety Code, is
amended to read as follows:
Sec. 402.012. SUNSET PROVISION. The Texas Low-Level
Radioactive Waste Management [Disposal] Authority is subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the authority is
abolished and this chapter expires September 1, 2009 [2001].
SECTION 6. Section 402.013(c), Health and Safety Code, is
amended to read as follows:
(c) After [a disposal] an assured isolation site is selected
under Section 402.090, the governor shall appoint to the board, at
the earliest opportunity, at least one representative of the public
as a representative of local interests. A representative of the
public appointed to represent local interests must be a resident of
the host county. The representative may not be an elected county
official or a county employee.
SECTION 7. Section 402.020, Health and Safety Code, is
amended to read as follows:
Sec. 402.020. AUTHORITY OFFICES. The board shall maintain:
(1) a central office in the city of Austin for
conducting the authority's business; and
(2) an authority office at [each disposal] an assured
isolation site under construction or operated under this chapter.
SECTION 8. Section 402.021(b), Health and Safety Code, is
amended to read as follows:
(b) In accordance with Chapter 551, Government Code, the
board shall hold an annual meeting in the host county with officials
and representatives of political subdivisions of the host county to
discuss concerns relating to that [disposal] assured isolation
site.
SECTION 9. Section 402.028, Health and Safety Code, is
amended to read as follows:
Sec. 402.028. CONTRACTS OVER $15,000. (a) Except as
provided by this section, if [If] the estimated amount of a proposed
contract for the purchase of materials, machinery, equipment, or
supplies is more than $15,000, the board shall ask for competitive
bids as provided by Subchapter B, Chapter 271, Local Government
Code.
(b) The board may use the design-build method for the
construction of an assured isolation site facility. In using that
method and entering into a contract for the services of a
design-build firm, the board shall follow the procedures authorized
by Section 51.780, Education Code, for institutions of higher
learning.
(c) The board may use a design-build-operate method for the
construction and operation of an assured isolation site facility.
If the board chooses this option, the board shall follow the
procedures authorized by Subsection (b) and, in addition, by rule
shall adopt and require for the facility operator professional and
performance qualifications that are substantially similar, for the
services being contracted for, to the professional and performance
requirements for architects and engineers under Section 51.780,
Education Code.
(d) This section does not apply to purchases of property
from public agencies or to contracts for personal [or professional]
services.
SECTION 10. Sections 402.029(a) and (c), Health and Safety
Code, are amended to read as follows:
(a) The authority, through the board, may sue and be sued in
the name of the authority in any court of this state, except as to
matters pertaining to the site selection and licensing of [a
disposal] an assured isolation site [facility within the
geographical area of Hudspeth County, Texas, described in Section
402.0921], which suits may only be brought in the courts of Travis
County, Texas.
(c) Any judgment, injunction, declaration, or writ issued
against the authority by a Texas court other than the supreme court
of Texas that is related to the site selection or licensing of [a
disposal] an assured isolation site [facility within the
geographical area of Hudspeth County, Texas, described in Section
402.0921] shall be automatically suspended upon the filing by the
authority of a notice of appeal or other submission to a higher
court challenging the judgment, injunction, declaration, or writ.
No Texas court other than the Texas supreme court shall have any
power to decline or otherwise affect the automatic suspension
pending appeal in such a case [related to Hudspeth County, Texas].
SECTION 11. Sections 402.031(a), (b), (d), and (e), Health
and Safety Code, are amended to read as follows:
(a) The board shall create a citizens advisory committee to
perform oversight functions over [a disposal] an assured isolation
site.
(b) The committee shall begin to perform its functions not
earlier than the 30th day after the date on which construction of
the [disposal] assured isolation site begins.
(d) The committee shall:
(1) conduct independent monitoring of [disposal] site
activities as authorized by guidelines adopted by the board;
(2) make recommendations to the board concerning
operations at the [disposal] site; and
(3) execute any other review and monitoring functions
as recommended by the committee and approved by the board.
(e) Reasonable notice as required by the board must be given
to the manager of [a disposal] an assured isolation site before a
committee member enters the [a disposal] site to exercise any
function authorized by this section. The board shall provide for
quarterly unannounced inspections of [disposal] site activities.
SECTION 12. Section 402.032, Health and Safety Code, is
amended to read as follows:
Sec. 402.032. AUTHORITY PURCHASE. Except as provided under
Section 402.212, a [A] purchase by the authority of supplies,
materials, services, or equipment necessary to prepare, construct,
or operate [a disposal] an assured isolation site is exempt from the
purchasing requirements of Subtitle D, Title 10, Government Code.
SECTION 13. Section 402.051, Health and Safety Code, is
amended to read as follows:
Sec. 402.051. JURISDICTION OVER [DISPOSAL] ASSURED
ISOLATION SITE. (a) The authority has jurisdiction over site
selection, preparation, construction, operation, maintenance,
decommissioning, closing, and financing of [disposal] an assured
isolation site [sites].
(b) A license for an assured isolation site shall be issued
in the name of the authority and may not be transferred to a private
entity.
SECTION 14. Section 402.052, Health and Safety Code, is
amended to read as follows:
Sec. 402.052. DEVELOPMENT AND OPERATION OF [DISPOSAL]
ASSURED ISOLATION SITE. (a) The authority shall develop and
operate one [disposal] assured isolation site for the [disposal]
assured isolation of low-level waste in this state.
(b) The authority may not develop or operate an assured
isolation site unless assured isolation at the site includes:
(1) above-grade vaults with internal access designed
to isolate the waste from the environment, from which the waste is
easily retrievable;
(2) individual monitoring of each waste structure or
building;
(3) monitoring of the ground beneath the assured
isolation facility and the perimeter of the facility for leakage;
and
(4) active inspection and preventive maintenance.
SECTION 15. Section 402.053, Health and Safety Code, is
amended to read as follows:
Sec. 402.053. GENERAL POWERS. To carry out this chapter,
the authority may:
(1) apply for, receive, accept, and administer gifts,
grants, and other funds available from any source;
(2) contract with the federal government, the state,
interstate agencies, local governmental entities, and private
entities to carry out this chapter and rules, standards, and orders
adopted under this chapter;
(3) conduct, request, and participate in studies,
investigations, and research relating to selection, preparation,
construction, operation, maintenance, decommissioning, closing,
and financing of [disposal] an assured isolation site [sites and
disposal of low-level waste]; and
(4) advise, consult, and cooperate with the federal
government, the state, interstate agencies, local governmental
entities in this state, and private entities.
SECTION 16. Section 402.058, Health and Safety Code, is
amended to read as follows:
Sec. 402.058. HEALTH SURVEILLANCE SURVEY. The board, in
cooperation with the commission, the Texas Department of Health,
and local public health officials, shall develop a health
surveillance survey for the population located in the vicinity of
[a disposal] an assured isolation site.
SECTION 17. Section 402.059(a), Health and Safety Code, is
amended to read as follows:
(a) The authority, its employees, contractors, and agents
may enter public or private property to assess the suitability of
land for [a disposal] assured isolation of low-level radioactive
waste [site in Hudspeth County, Texas].
SECTION 18. Section 402.081, Health and Safety Code, is
amended to read as follows:
Sec. 402.081. [DISPOSAL] SITE SELECTION STUDIES. The
authority shall make studies or contract for studies to be made of
the future requirements for the management [disposal] of low-level
waste in this state and to determine the areas of the state that are
relatively more suitable than others for low-level waste management
[disposal] activities.
SECTION 19. Subchapter D, Chapter 402, Health and Safety
Code, is amended by adding Section 402.0815 to read as follows:
Sec. 402.0815. LOCATION OF SITE IN COUNTY BORDERING
INTERNATIONAL BOUNDARY PROHIBITED. A low-level radioactive waste
assured isolation site may not be located in a county that is
adjacent to an international boundary.
SECTION 20. Section 402.082, Health and Safety Code, is
amended to read as follows:
Sec. 402.082. STUDY CRITERIA. (a) Studies required under
Section 402.081 regarding assured isolation must consider:
(1) the volume of low-level waste generated by type
and source categories for the expected life of the [disposal]
assured isolation site, including waste that may be generated from
the decommissioning of nuclear power plants located in this state;
(2) geology;
(3) topography;
(4) transportation and access;
(5) meteorology;
(6) population density;
(7) surface and subsurface hydrology;
(8) flora and fauna;
(9) current land use;
(10) criteria established by the commission for
[disposal] assured isolation site selection;
(11) the proximity of the [disposal] assured isolation
site to sources of low-level waste, including related
transportation costs, to the extent that the proximity and
transportation costs do not interfere with selection of a suitable
[disposal] assured isolation site for protecting public health and
the environment;
(12) other [disposal] assured isolation site
characteristics that may need study on a preliminary basis and for
which detailed study would be required to prepare an application or
license required for [disposal] assured isolation site operation;
and
(13) alternative management techniques, including
[aboveground isolation facilities,] waste processing and reduction
at the site of waste generation and at an authority management site,
and waste recycling.
(b) Before selecting an assured isolation site, the
commission shall conduct a study of the feasibility of using one or
both of the nuclear power plants located within the state as
management sites.
SECTION 21. Section 402.083, Health and Safety Code, is
amended to read as follows:
Sec. 402.083. CHOOSING SITES FOR FURTHER ANALYSIS. On
completion of the studies required by Section 402.081, the board
shall choose at least two potential [disposal] assured isolation
sites for further analysis under Section 402.084.
SECTION 22. Section 402.084, Health and Safety Code, is
amended to read as follows:
Sec. 402.084. EVALUATION OF POTENTIAL SITE [SITES]. (a)
For the [each] potential [disposal] assured isolation site chosen
under Section 402.083, the authority shall evaluate or contract for
the evaluation of:
(1) preoperating costs;
(2) operating costs;
(3) maintenance costs;
(4) costs of decommissioning and extended care; and
(5) socioeconomic, environmental, and public health
impacts associated with the site.
(b) The socioeconomic impacts to be evaluated include fire,
police, education, utility, public works, public access, planning,
and other governmental services and assumed and perceived risks of
the [disposal] assured isolation site [sites] and [disposal]
assured isolation activities.
(c) Public officials and members of local boards or
governing bodies of local political subdivisions of the state in
which a potential [disposal] assured isolation site is located
shall be invited to participate in appropriate evaluation
activities.
SECTION 23. Section 402.085, Health and Safety Code, is
amended to read as follows:
Sec. 402.085. SITE PROPOSAL. On receiving the results of
the studies and evaluations required by Sections 402.081, 402.084,
and 402.087, the board shall propose the [a] site if the site [that]
appears to be [the most] suitable for [a disposal] assured
isolation [site] and shall hold a public hearing to consider
whether that site should be selected as the [disposal] state's
assured isolation site.
SECTION 24. Section 402.086(a), Health and Safety Code, is
amended to read as follows:
(a) Before the board gives notice of the hearing on a [the]
proposed [disposal] assured isolation site, the authority shall
prepare a report that includes:
(1) detailed information regarding all aspects of the
[disposal] site selection process;
(2) criteria for [disposal] site selection as
established by the appropriate licensing authority; and
(3) summaries of the studies required under Section
402.081 and the evaluations required under Section 402.084.
SECTION 25. Sections 402.087(a) and (c), Health and Safety
Code, are amended to read as follows:
(a) The authority may appoint a mediator to consider the
views of parties interested in the selection of [a disposal] an
assured isolation site.
(c) Mediation meetings may be held in the county [counties]
in which the potential [disposal] assured isolation site is [sites
are] located and shall be held before the public hearing required by
Section 402.085.
SECTION 26. Section 402.088(b), Health and Safety Code, is
amended to read as follows:
(b) The board shall give notice of the hearing on the
proposed [disposal] assured isolation site by publishing notice in
English and Spanish in a newspaper published in the host county. The
notice must be published at least once each week for four
consecutive weeks beginning not later than the 31st day before the
date set for the hearing.
SECTION 27. Section 402.089, Health and Safety Code, is
amended to read as follows:
Sec. 402.089. BOARD DETERMINATION; RESTRICTIONS ON
SELECTION NEAR RESERVOIR. (a) The board shall determine if the
proposed [disposal] assured isolation site should be selected after
a thorough consideration of:
(1) the studies and evaluations relating to site
selection;
(2) the criteria required to be used in those studies;
and
(3) testimony and evidence presented at the hearing.
(b) The board may not select [a disposal] an assured
isolation site under this subchapter that is within 20 miles
upstream or up-drainage from the maximum elevation of the surface
of a reservoir project that:
(1) has been constructed or is under construction by
the United States Bureau of Reclamation or the United States Corps
of Engineers; or
(2) has been approved for construction by the Texas
Water Development Board as part of the state water plan under
Subchapter C, Chapter 16, Water Code.
SECTION 28. Section 402.090, Health and Safety Code, is
amended to read as follows:
Sec. 402.090. ORDER DESIGNATING SITE. If the board selects
a proposed [disposal] site as the [disposal] assured isolation
site, the board by order shall designate the site as the [disposal]
assured isolation site and shall issue a final report.
SECTION 29. Section 402.091, Health and Safety Code, is
amended to read as follows:
Sec. 402.091. REJECTION OF PROPOSED SITE. (a) If the board
determines that a proposed [disposal] assured isolation site should
not be selected, the board shall issue an order rejecting the site
and shall call another hearing to consider another proposed
[disposal] site that appears suitable from the studies and
evaluations.
(b) The board shall continue to follow the procedures of
[disposal] site selection under this subchapter until a suitable
[disposal] assured isolation site is selected.
SECTION 30. Section 402.092, Health and Safety Code, is
amended to read as follows:
Sec. 402.092. FINAL REPORT. The authority shall submit to
the governor and to the legislature for informational purposes a
copy of the final report and order selecting [a disposal] an assured
isolation site.
SECTION 31. Section 402.0922, Health and Safety Code, is
amended to read as follows:
Sec. 402.0922. EMINENT DOMAIN. The authority may acquire
land for [a disposal] an assured isolation site [within the
geographical area described in Section 402.0921] by condemnation
and in accordance with Chapter 21 of the Property Code.
SECTION 32. Section 402.094, Health and Safety Code, is
amended to read as follows:
Sec. 402.094. ACQUISITION OF PROPERTY. (a) The authority
may acquire by gift, grant, or purchase any land, easements,
rights-of-way, and other property interests necessary to construct
and operate [a disposal] an assured isolation site.
(b) The authority must acquire the fee simple title to all
land and property that is a part of the licensed [disposal] assured
isolation site.
(c) The authority may lease property on terms and conditions
the board determines advantageous to the authority, but land that
is part of a licensed [disposal] assured isolation site may be
leased only through [from] the Texas Public Finance Authority as
provided by the Texas Public Finance Authority Act (Article 601d,
Vernon's Texas Civil Statutes).
(d) The authority may lease land owned by the authority that
is not part of a licensed [disposal] assured isolation site. Land
leased by the authority under this section may be used only for
agricultural, ranching, or grazing purposes.
SECTION 33. Section 402.122, Health and Safety Code, is
amended to read as follows:
Sec. 402.122. ENTRY ON AND INVESTIGATION OF SCHOOL OR
UNIVERSITY LAND. The authority may enter and investigate land
dedicated to the permanent school fund or the permanent university
fund to determine the suitability of the land for [a disposal] an
assured isolation site.
SECTION 34. Section 402.123, Health and Safety Code, is
amended to read as follows:
Sec. 402.123. PROCEDURE FOR SELECTION AND SALE OF SCHOOL OR
UNIVERSITY LAND. (a) If the board determines that a suitable
[disposal] assured isolation site can be located on land dedicated
to the permanent school fund or permanent university fund and
issues an order selecting that site as a proposed [disposal]
assured isolation site, the School Land Board or the board of
regents of The University of Texas System, as appropriate, shall
authorize the authority to enter on the land to conduct any studies
of the proposed site required by commission or department rule [a
detailed technical characterization of the proposed disposal
site].
(b) Notwithstanding any other law, if the board determines
at the completion [of the characterization period and the
completion] of studies required by Subsection (a) and Subchapter D
that the land should be purchased for the proposed [disposal]
assured isolation site, the School Land Board or the board of
regents of The University of Texas System, as appropriate, shall
have the land and any minerals in the land appraised and shall sell
the land to the authority at the appraised value.
SECTION 35. Section 402.124(b), Health and Safety Code, is
amended to read as follows:
(b) The authority may enter into an agreement to purchase
one or more parcels of land dedicated to the permanent school fund
or the permanent university fund of a size the board considers
appropriate for purposes of [a disposal] an assured isolation site.
SECTION 36. Section 402.125(b), Health and Safety Code, is
amended to read as follows:
(b) This section and Section 402.123 apply only to land
actually required for a [the] licensed [disposal] assured isolation
site.
SECTION 37. Section 402.126, Health and Safety Code, is
amended to read as follows:
Sec. 402.126. RANGELAND AND WILDLIFE MANAGEMENT PLAN. (a)
To implement a rangeland and wildlife management plan, the
authority may lease from the School Land Board or the board of
regents of The University of Texas System property that is
dedicated to the permanent school fund or the permanent university
fund and that is proximate to [a disposal] the assured isolation
site. Land leased for a rangeland and wildlife management plan may
not exceed 65,000 acres.
(b) The authority may [shall] lease from the School Land
Board on the School Land Board's terms and conditions the land
determined by the School Land Board as necessary to serve as a
rangeland and wildlife management area [buffer] for the [disposal]
assured isolation site. Land leased under this subsection shall be
used by the authority to implement a rangeland and wildlife
management plan.
SECTION 38. Section 402.128, Health and Safety Code, is
amended to read as follows:
Sec. 402.128. APPLICABLE STANDARDS. The commission, the
department, or the authority may not lessen any standards for the
siting, construction, or operation of [the disposal] an assured
isolation site because the site is located on state-owned land
dedicated to the permanent school fund or the permanent university
fund.
SECTION 39. Section 402.151, Health and Safety Code, is
amended to read as follows:
Sec. 402.151. PREPARATIONS FOR OBTAINING LICENSES AND
AUTHORIZATIONS. After selection of the [disposal] assured
isolation site, the board shall direct the general manager to
prepare necessary applications, [disposal] assured isolation
plans, and other material for obtaining licenses and other
authorizations for the [disposal] site.
SECTION 40. Section 402.1511, Health and Safety Code, is
amended to read as follows:
Sec. 402.1511. COMMISSION LICENSE. (a) Notwithstanding
any other provision of this chapter, the commission has sole
authority to issue a license to operate [a disposal] an assured
isolation site under this chapter.
(b) The authority or any other entity authorized by contract
to operate [a disposal] an assured isolation site under this
chapter may not operate the [disposal] site unless the authority
[or entity] has first obtained an operating license from the
commission under this section.
(c) [The authority or any other entity required by this
chapter to obtain a license to operate a disposal site under this
chapter is required to obtain the license from the commission and
not from the department.
[(d)] The commission may adopt any rules reasonably
necessary to exercise its authority under this section.
SECTION 41. Section 402.152, Health and Safety Code, is
amended to read as follows:
Sec. 402.152. APPLICATIONS FOR LICENSES AND
AUTHORIZATIONS. (a) The authority shall submit to each federal and
state agency from which it must obtain licenses and other types of
authorization to construct and operate [a disposal] an assured
isolation site the necessary applications and information to obtain
those licenses and authorizations.
(b) [Notwithstanding any other law or other provision of
this chapter, the authority shall submit to the appropriate state
and federal agencies an application to construct and operate a
disposal site located within the geographical area described in
Section 402.0921.
[(c)] The authority shall maintain such field offices and
conduct such studies and activities as necessary to provide
information required to support the license application for [a
disposal] an assured isolation site [located within the
geographical area described in Section 402.0921].
(c) [(d)] The commission shall complete its review of the
completeness and administrative sufficiency of the application
within 60 [30] days of receipt of the application from the
authority. The authority shall promptly respond to the
commission's requests for additional documentation or other
information in order for the commission or department to complete
its sufficiency review of the application. If the commission does
not inform the authority within 60 [45] days of receipt of the
application that the application is administratively sufficient,
the application is presumed to be administratively sufficient.
(d) [(e)] The commission shall:
(1) complete all activities associated with the review
and processing of an application, including the publication of an
environmental assessment, if required, but excluding public
hearings, and either propose to issue or deny a license for the
operation of the site no later than 15 months after the date that
the application is declared or presumed to be administratively
sufficient; and
(2) give priority to the review of the application
over all other radioactive materials and waste licensing and
registration matters pending before the commission.
SECTION 42. Section 402.154, Health and Safety Code, is
repealed.
SECTION 43. Section 402.155, Health and Safety Code, is
amended to read as follows:
Sec. 402.155. DENIAL OF LICENSE APPLICATION. If the
authority's application for a license for a [the] proposed
[disposal] assured isolation site is denied, the board shall select
an alternative [disposal] assured isolation site in the manner
provided by Subchapter D for the selection of the original proposed
[disposal] site.
SECTION 44. Section 402.181, Health and Safety Code, is
amended to read as follows:
Sec. 402.181. [DISPOSAL] ASSURED ISOLATION SITE
CONSTRUCTION. (a) The authority shall construct or contract for
construction as provided by this chapter all works and facilities
on the [disposal] assured isolation site and shall make
improvements necessary to prepare the site for the management [for
disposal and to permanently dispose] of low-level waste.
(b) Preparation and construction of works and facilities at
the [disposal] assured isolation site must be done in a manner that
complies with rules and standards adopted by federal and state
agencies for [disposal] assured isolation sites, as appropriate,
and with the authority's site management [disposal] plans.
(c) The authority may not begin construction of any part of
or any works associated with a low-level radioactive waste assured
isolation facility before the state has acquired ownership of the
land on which the facility is to be located. This subsection does
not prohibit the authority from performing site characterizations
on land not yet acquired by the state.
SECTION 45. Section 402.182, Health and Safety Code, is
amended to read as follows:
Sec. 402.182. DESIGN OF FACILITIES. The board shall ensure
that the design of facilities for low-level waste [disposal]
assured isolation incorporates, as far as possible, safeguards
against hazards resulting from earthquakes, local meteorological
conditions, including phenomena such as hurricanes, tornados,
[earthquakes, earth tremors,] violent storms, and susceptibility
to flooding.
SECTION 46. Sections 402.183(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) The authority may contract with any person to construct
any part of the works, facilities, and improvements at the
[disposal] assured isolation site.
(b) The contract must specifically provide for termination
by the authority if the contractor fails to comply with federal and
state standards and rules or with the authority's [disposal]
assured isolation plans.
SECTION 47. Section 402.211, Health and Safety Code, is
amended to read as follows:
Sec. 402.211. MANAGEMENT AND OPERATION OF [DISPOSAL]
ASSURED ISOLATION SITE. The board shall manage and, if necessary,
operate the [disposal] assured isolation site licensed [sites]
under this chapter. The management and operation must be in
compliance with laws, rules, and standards of federal and state
agencies that have jurisdiction over [disposal] assured isolation
sites. The board shall take any action necessary under this chapter
to manage and operate the [disposal] assured isolation site [sites]
in a manner that will protect the public health and safety and the
environment.
SECTION 48. Section 402.212, Health and Safety Code, is
amended to read as follows:
Sec. 402.212. CONTRACT FOR OPERATION OF [DISPOSAL] ASSURED
ISOLATION SITE. (a) The board, after bidding conducted in
accordance with Section 402.028, may contract with a political
subdivision or agency of the state or a private entity to perform
the overall operation of a [disposal] assured isolation site.
(b) The board by rule shall establish criteria for
determining the competence of a political subdivision or agency of
the state or a private entity to perform the overall operation of a
[disposal] assured isolation site.
(c) A contract under this section may not relieve the
authority of its management responsibility under this chapter.
SECTION 49. Section 402.213, Health and Safety Code, is
amended to read as follows:
Sec. 402.213. CONTRACT AUTHORITY OF BOARD. In contracting
with a contract operator, the board may:
(1) select the contract operator before the authority
[it] obtains the license for the [disposal] assured isolation site
so that the board may allow the contract operator to advise and
consult with the board, general manager, and staff of the authority
on the design and [disposal] assured isolation plans for the site;
(2) require the contract operator to make all tests,
keep all records, and prepare all reports required by licenses
issued for [disposal] assured isolation site operations;
(3) require standards of performance;
(4) require posting of a bond or other financial
security by the contract operator to ensure safe operation and
decommissioning of the [disposal] assured isolation site; and
(5) establish other requirements, including operator
liability requirements, necessary to assure that the [disposal]
assured isolation site is properly operated and that the public
health and safety and the environment are protected.
SECTION 50. Section 402.214, Health and Safety Code, is
amended to read as follows:
Sec. 402.214. PROVISIONS OF OPERATION CONTRACT. A contract
to operate a [disposal] assured isolation site must specify that:
(1) the board retains management authority over the
[disposal] site and may monitor and inspect any part of the site and
operations on the site at any time;
(2) the contract operator must operate the [disposal]
site in a manner that complies with the law and licenses regulating
operations at the site that are issued by the commission and the
federal government;
(3) the contract operator must comply with rules
adopted by the board that govern operation of the [disposal] site;
and
(4) the contract is subject to termination after
notice and hearing if the contract operator fails to comply with a
license issued for the [disposal] site by the commission or [by] the
federal government, fails to comply with the rules of the
authority, or fails to comply with the contract.
SECTION 51. Section 402.215, Health and Safety Code, is
amended to read as follows:
Sec. 402.215. ON-SITE OPERATOR. (a) An on-site operator
who is responsible for all operations at the [disposal] assured
isolation site shall supervise the [each disposal] site.
(b) The general manager shall employ the on-site operator at
[a disposal] an assured isolation site operated by the authority.
(c) If the authority contracts for the overall operation of
[a disposal] an assured isolation site, the on-site operator must
be a representative of the contract operator.
SECTION 52. Section 402.216, Health and Safety Code, is
amended to read as follows:
Sec. 402.216. RULES RELATING TO [DISPOSAL] ASSURED
ISOLATION SITE. (a) The board shall adopt rules governing:
(1) the operation of [disposal] the assured isolation
site [sites];
(2) acceptance of low-level waste;
(3) maintenance and monitoring of [disposal] the
assured isolation site [sites]; and
(4) activities relating to the management and
operation of [disposal] the assured isolation site [sites].
(b) Rules adopted under this section may not be less
stringent than those adopted by the commission or department, as
appropriate.
SECTION 53. Section 402.217, Health and Safety Code, is
amended to read as follows:
Sec. 402.217. [DISPOSAL] SITE ACTIVITIES. (a) The
authority may adopt any methods and techniques for low-level
radioactive waste management [permanent disposal] that comply with
federal and state standards for low-level radioactive waste
management [disposal] and that protect the public health and safety
and the environment.
(b) The authority may provide facilities at [disposal]
assured isolation sites for processing and packaging low-level
radioactive waste [for disposal].
SECTION 54. Section 402.218, Health and Safety Code, is
amended to read as follows:
Sec. 402.218. ACCEPTANCE OF LOW-LEVEL WASTE. (a) Subject
to limitations provided by Section 402.219, [each disposal] the
assured isolation site shall accept for management [disposal] all
low-level radioactive waste that is presented to it and that is
properly processed and packaged.
(b) On acceptance by the assured isolation site, title and
liability for the low-level radioactive waste transfers to the
authority.
SECTION 55. Section 402.219, Health and Safety Code, is
amended to read as follows:
Sec. 402.219. LIMITATIONS ON WASTE ACCEPTANCE [DISPOSAL].
(a) [Except as provided by an interstate compact, a disposal] A
licensed assured isolation site may accept only low-level waste
that is generated in this state or waste from an interstate compact
as defined in Sec. 402.003, Health and Safety Code.
(b) The board by rule shall exclude from a [disposal]
licensed assured isolation site certain types of low-level waste
that are incompatible with site [disposal] operations.
(c) The state may enter into compacts with another state or
several states for the acceptance and management [disposal] in this
state of low-level radioactive waste only if the compact:
(1) limits the total volume of all low-level
radioactive waste for assured isolation [to be disposed of] in this
state from the other state or states to 20 percent of the annual
average of low-level radioactive waste that the governor projects
will be produced in this state from the years 1995 through 2045;
(2) gives this state full administrative control over
management and operation of the [disposal] assured isolation site;
(3) requires the other state or states to join this
state in any legal action necessary to prevent states that are not
members of the compact from delivering [disposing of] low-level
radioactive waste to [at] the [disposal] assured isolation site;
(4) allows this state to charge a fee for the
management [disposal] of low-level radioactive waste at the
[disposal] site;
(5) requires the other state or states to join in any
legal action involving liability from the [disposal] site;
(6) requires the other state or states to share the
full cost of constructing the [disposal] site;
(7) allows this state to regulate, in accordance with
federal law, the means and routes of transportation of the
low-level radioactive waste in this state;
(8) requires the other state or states to pay for
community assistance projects selected by the host county in an
amount not less than $1 million or 10 percent of the amount
contributed by the other state or states;
(9) is agreed to by the Texas Legislature, the
legislature of the other state or states, and the United States
Congress; and
(10) complies with all applicable federal law.
(d) This section does not affect the ability of this state
to transfer low-level radioactive waste to another state.
(e) If this state enters into a compact with another state
and the terms of the compact conflict with this section, the terms
of the compact control.
(f) The total volume of low-level radioactive waste
authorized to be accepted from states other than Texas, Maine, and
Vermont by Subsection (f)(2) is in addition to the amount
authorized by and established under Section 3.04(11) of the
compact.
SECTION 56. Sections 402.220(a), (c), and (d), Health and
Safety Code, are amended to read as follows:
(a) To protect the public health and safety and the
environment, the board, after notice and hearing, shall adopt an
emergency response plan for [each disposal] the assured isolation
site to be implemented if the [disposal] site becomes a threat to
the public health or safety or to the environment.
(c) The authority may construct or contract for the
construction of facilities and procure equipment required to
provide fire, police, and emergency medical services needed to
support the [disposal] assured isolation site.
(d) The facilities shall be:
(1) constructed proximate to the [disposal] assured
isolation site or in the nearest community, as determined by the
board; and
(2) in operation before the first day of operation of
the [disposal] site.
SECTION 57. Section 402.221(b), Health and Safety Code, is
amended to read as follows:
(b) An inspector employed by the department or under
contract to the department shall inspect all packaged radioactive
waste before it is transported to a [permanent disposal] assured
isolation site in this state.
SECTION 58. Section 402.222, Health and Safety Code, is
amended to read as follows:
Sec. 402.222. SHIPMENT OF LOW-LEVEL WASTE. (a) On arrival
of a shipment of low-level waste at [a disposal] the assured
isolation site, the on-site operator or the operator's agent must
determine that the waste complies with all laws, rules, and
standards relating to processing and packaging of low-level waste
before the waste is accepted for [disposal] assured isolation at
the [disposal] site.
(b) A person making a shipment of low-level waste that is in
excess of 75 cubic feet shall give the on-site operator of the
[disposal] assured isolation site written notice of the shipment at
least 72 hours before shipment to the [disposal] site begins. The
written notice must contain information required by the board.
SECTION 59. Section 402.223, Health and Safety Code, is
amended to read as follows:
Sec. 402.223. IMPROPERLY PROCESSED OR PACKAGED LOW-LEVEL
WASTE. (a) If low-level waste that is not properly processed or
packaged arrives at [a disposal] the assured isolation site, the
on-site operator or the operator's agent shall properly process and
package the waste for [disposal] assured isolation, as appropriate,
and charge the person making the shipment the fee required by
Section 402.274.
(b) The on-site operator or the operator's agent shall
report to the federal and state agencies that establish rules and
standards for processing, packaging, and transporting low-level
waste any person who delivers to [a disposal] the assured isolation
site low-level waste that is not properly processed or packaged.
SECTION 60. Section 402.224(a), Health and Safety Code, is
amended to read as follows:
(a) An on-site operator who accepts mixed waste at [a
disposal] the assured isolation site shall comply with Chapter 361
(Solid Waste Disposal Act), the Resource Conservation and Recovery
Act of 1976 (42 U.S.C. 6901 et seq.), and this chapter.
SECTION 61. Section 402.225, Health and Safety Code, is
amended to read as follows:
Sec. 402.225. BELOWGROUND DISPOSAL PROHIBITED
[RESTRICTED]. Low-level waste may not be disposed of in a landfill
below the natural level of a disposal site [unless:
[(1) federal or state regulatory programs for
low-level waste preclude or recommend against aboveground
disposal, or the authority has by rule determined that below ground
disposal provides greater protection than aboveground disposal for
public health and the environment for the period for which the
low-level waste will continue to pose a hazard to public health and
the environment;
[(2) the low-level waste is continued within a
reinforced concrete barrier or within containment structures made
of materials technologically equivalent or superior to reinforced
concrete; and
[(3) the low-level waste is contained in such a manner
that it can be monitored and retrieved].
SECTION 62. Section 402.226(a), Health and Safety Code, is
amended to read as follows:
(a) The authority may not use shallow land burial or
improved shallow land burial [as the disposal technique] at the
licensed [disposal] assured isolation site.
SECTION 63. Section 402.228, Health and Safety Code, is
amended to read as follows:
Sec. 402.228. DECOMMISSIONING AND CLOSING [DISPOSAL]
ASSURED ISOLATION SITE. (a) On a finding by the board, after
notice and hearing, that a [disposal] assured isolation site should
be closed, the authority and the contract operator, if any, shall
decommission the [disposal] site in compliance with federal and
state law, rules, and standards and with rules and plans of the
authority.
(b) On completion of decommissioning activities and receipt
of necessary approval from federal and state agencies, the board
shall, if required by law, transfer to the commission fee simple
title to the [disposal] assured isolation site.
SECTION 64. Section 402.252(a), Health and Safety Code, is
amended to read as follows:
(a) The board shall quarterly transfer money in the
low-level waste fund generated by planning and implementation fee
surcharges under Sections 402.2721(e) and (f), and that portion of
waste acceptance [disposal] fees identifiable as adopted for the
purposes of Sections 402.273(a)(3) and (b) to the commissioners
court of the host county.
SECTION 65. Section 402.271, Health and Safety Code, is
amended to read as follows:
Sec. 402.271. AUTHORITY'S EXPENSES. The authority's
expenses shall be paid from:
(1) waste acceptance [disposal] fees;
(2) [planning and implementation fees;]
[(3)] proceeds from the sale of bonds under Subchapter
K;
(3) [(4)] contributions from members of a low-level
waste compact entered into under Section 402.219(c);
(4) [(5)] surcharge rebates made by the United States
Department of Energy pursuant to Pub. L. No. 99–240;
(5) [(6)] appropriations made by the legislature; and
(6) [(7)] other receipts, fees, and interest earned in
funds authorized by or collected under this subchapter and
deposited in the low-level waste fund.
SECTION 66. Section 402.272, Health and Safety Code, is
amended to read as follows:
Sec. 402.272. WASTE ACCEPTANCE [DISPOSAL] FEES. (a) The
board shall have collected a waste acceptance [disposal] fee to be
paid by each person who delivers low-level waste to the assured
isolation site [authority for disposal].
(b) The board by rule shall adopt and periodically revise
waste acceptance [disposal] fees according to a schedule that is
based on the projected annual volume of low-level waste received,
the relative hazard presented by each type of low-level waste that
is generated by the users of radioactive materials, and the costs
identified in Section 402.273.
(c) In determining relative hazard, the board shall
consider the radioactive, physical, and chemical properties of each
type of low-level waste.
SECTION 67. Section 402.2721, Health and Safety Code, is
amended by amending Subsections (b)-(g) and adding Subsection (i)
to read as follows:
(b) This fee shall be in an amount that is sufficient to
allow the authority to recover present and future costs of
administering, implementing, and planning the activities
authorized by this chapter before the operation of [a disposal] an
assured isolation site and to reimburse the general revenue fund
for expenses incurred and paid by the authority in selecting,
characterizing, and licensing [a disposal] an assured isolation
site.
(c) This fee does not apply to health care providers or
institutions of higher education until a state [disposal] assured
isolation site [facility] is available to receive the generated
wastes.
(d) Fees established under this section shall:
(1) [include minimum and maximum annual fees in an
amount of at least $5 million for the 1992-1993 biennium to pay for
the estimated costs of administering, implementing, and planning
the activities authorized by this chapter and shall include at
least $5 million to reimburse the general revenue fund for
appropriations expended and incurred by the authority in selecting,
characterizing, and licensing a disposal site;
[(2)] take into account the projected annual volume
and the relative hazard presented by each type of low-level waste
generated;
(2) [(3)] be collected by the department as provided
by Subchapter H, Chapter 401;
(3) [(4)] be deposited in the state treasury to the
credit of the low-level waste fund[, except that at least $10
million assessed and collected in the 1992-1993 biennium to
reimburse the general revenue fund for expenses incurred prior to
September 1, 1991, shall be deposited in the state treasury to the
credit of the general revenue fund];
(4) [(5)] be paid [in four quarterly equal
installments beginning on January 1, 1992, and] annually
[thereafter]; and
(5) [(6)] expire on the date the authority begins
operation of [a disposal] an assured isolation facility.
(e) Fees established under this section may not:
(1) be assessed before the fiscal year following the
fiscal year in which the balance in the low-level waste fund falls
below $4 million;
(2) be assessed in an amount that would result in a
total amount of fees assessed that exceeds $3 million in any fiscal
biennium; or
(3) be collected at any time the low-level waste fund
balance is $9 million or more.
(f) For each [the 1996-1997 biennium [and subsequent
bienniums], the board shall assess a surcharge of 10 percent of the
fee established for the biennium.
[(f) For the 1994-1995 biennium only, the board shall assess
a surcharge of 10 percent of the fee established for the 1992-1993
biennium.]
(g) Surcharges assessed under Subsection [Subsections (e)
and] (f) shall be used to fund local public projects under
Subchapter I.
(h) On termination of the imposition of fees under
Subsection (d)(5), the balance of the low-level waste fund
attributable to planning and implementation fees shall be
transferred to a separate account in the fund and credited pro rata
to generators who have paid planning and implementation fees. A
generator who on the date the imposition of the fees is terminated
has paid all planning and implementation fees owed by the generator
under this section shall receive a credit equal to the amount of the
generator's pro rata share in the account established under this
section against waste acceptance fees the generator is required to
pay under Section 402.272 until the balance of the generator's pro
rata share in the account is exhausted. A generator who on the date
the imposition of the fees is terminated owes planning and
implementation fees under this section is not eligible for the
credit.
SECTION 68. Section 402.273, Health and Safety Code, is
amended to read as follows:
Sec. 402.273. WASTE ACCEPTANCE [DISPOSAL] FEE CRITERIA.
(a) Waste acceptance [disposal] fees adopted by the board must be
sufficient to:
(1) allow the authority to recover operating and
maintenance costs;
(2) provide an amount necessary to meet future costs
of decommissioning, closing, and postclosure maintenance and
surveillance of the [disposal] assured isolation site;
(3) provide an amount to fund local public projects
under Subchapter I;
(4) provide an amount sufficient to fund, in whole or
in part, a rangeland and wildlife management plan;
(5) provide an amount necessary to pay licensing fees
and to provide security required by the commission under law and
commission rules; and
(6) provide an amount necessary to fund debt service
and necessary fees and charges, including insurance premiums and
similar costs, associated with the issuance and payment of bonds
under Subchapter K.
(b) This subsection applies only if the authority does not
issue bonds under Subchapter K. The acceptance [waste disposal]
fees must also include an amount sufficient to allow the authority
to recover expenses incurred before beginning operation of the
[disposal] assured isolation site amortized over a period of not
more than 20 years beginning on the first day of operation of the
[disposal] site. The fees must be sufficient to recover the
depository interest that the general revenue fund would have earned
had the fund not been used to pay expenses incurred before the
[disposal] site begins operation. Depository interest recovered
under this subsection shall be deposited to the credit of the
general revenue fund. Principal recovered under this subsection
shall be deposited to the credit of the general revenue fund until
the amount deposited has fully reimbursed the fund for expenses
paid from the fund before the [disposal] site begins operation. The
remainder of the principal shall be deposited as provided by
Section 402.272(a).
(c) The amount required by Subsection (a)(3) may not be less
than 10 percent of the annual gross receipts from waste received at
the [disposal] assured isolation site.
SECTION 69. Section 402.274, Health and Safety Code, is
amended to read as follows:
Sec. 402.274. PROCESSING AND PACKAGING FEES. The board by
rule shall adopt and periodically revise processing and packaging
fees according to a schedule that is based on the volume of
improperly processed or packaged low-level waste delivered to the
site for [disposal] assured isolation and on the cost to the
authority for properly processing and packaging the low-level waste
in compliance with federal and state standards.
SECTION 70. Section 402.275, Health and Safety Code, is
amended by amending Subsections (c), (d), and (f) and adding
Subsections (h) and (i) to read as follows:
(c) Money received by the authority, including waste
acceptance [disposal] fees, planning and implementation fees,
surcharges on planning and implementation fees, processing and
packaging fees, civil penalties, payments to the State of Texas
under Public Law 99–240, payments made by a party state under
Section 5.01 of the compact, and other receipts collected by the
authority under this chapter shall be deposited to the credit of the
low-level waste fund.
(d) Except as provided by Subsection (f), money in the
low-level waste fund may be used to pay:
(1) operating and maintenance costs of the authority;
(2) future costs of decommissioning, closing, and
postclosure maintenance and surveillance of the [disposal] assured
isolation site;
(3) licensing fees and to provide security required by
the commission or department, as appropriate;
(4) money judgments rendered against the authority
that are directed by a court of this state to be paid from this fund;
(5) expenses associated with implementation of the
rangeland and wildlife management plan;
(6) funds for local public projects under Subchapter
I;
(7) debt service and necessary fees and charges,
including insurance premiums and similar costs, associated with the
issuance and payment of bonds under Subchapter K; and
(8) expenses for any other purpose under this chapter.
(f) Payments to this state under Public Law 99-240 may be
used only for the purposes stated in the federal law. Payments made
by a party state under Section 5.01 of the compact may be used only
as provided by Subsection (h) or Section 402.277.
(h) The comptroller on receipt of a payment made by a party
state under Section 5.01 of the compact shall transfer the payment
to the low-level radioactive waste perpetual care fund.
(i) Notwithstanding the transfer required by Subsection
(h), the comptroller shall retain in the low-level waste fund the
first $25 million received from payments by party states under
Section 5.01 of the compact. That money may be appropriated only
for the construction by the authority of an assured isolation site.
SECTION 71. Subchapter J, Chapter 4102, Health and Safety
Code, is amended by adding Section 402.277 to read as follows:
Sec. 402.277. LOW-LEVEL RADIOACTIVE WASTE PERPETUAL CARE
FUND. (a) The low-level radioactive waste perpetual care fund is a
special account in the treasury outside the general revenue fund.
(b) The fund consists of:
(1) payments made by party states under Section 5.01
of the compact and transferred to the fund as required by Section
402.275(h); and
(2) deposits to the fund from waste acceptance fees
imposed under Section 402.273 in amounts determined by the
authority to meet commission or department requirements, as
appropriate.
(c) Interest earned on money in the fund shall be credited
to the fund.
(d) Subject to Subsection (e), money in the fund may be
appropriated only for the long-term care and maintenance of a
state-owned facility for the assured isolation of low-level
radioactive waste, including use by the authority, the department,
or the commission for decontamination, decommissioning,
maintenance, surveillance, control, storage, and disposal
activities related to the facility.
(e) Interest on money in the fund may be used for normal
operating expenses of the authority as appropriated by the
legislature. The principal in the fund may not be used for normal
operating expenses of the authority, the commission, or the
department.
SECTION 72. Sections 402.291(a) and (d), Health and Safety
Code, are amended to read as follows:
(a) The authority may issue, sell, and provide for the
retirement of bonds to:
(1) reimburse the general revenue fund for the
expenses incurred and paid by the authority in selecting, seeking
approval for, and constructing [a disposal] an assured isolation
site;
(2) pay the expenses of selecting, seeking approval
of, and constructing [a disposal] an assured isolation site that
were not paid from the general revenue fund; and
(3) provide required reserve funds and capitalized
interest, and to pay issuing expenses and other expenses associated
with the issuance and sale of bonds.
(d) The Texas Public Finance Authority, acting on behalf of
the Texas Low-Level Radioactive Waste Management [Disposal]
Authority, shall issue all bonds authorized under this subchapter.
In connection with the issuance of those bonds, the Texas Public
Finance Authority is subject to all rights, duties, and conditions
provided by this subchapter with respect to the issuance of bonds by
the Texas Low-Level Radioactive Waste Management [Disposal]
Authority.
SECTION 73. Section 403.001(a), Health and Safety Code, is
amended to read as follows:
(a) The governor shall appoint six members to represent this
state on the commission established by Article III of the Texas
Low-Level Radioactive Waste Disposal Compact. One of the voting
members of the compact commission shall be a legal resident of the
host county [Hudspeth County, Texas].
SECTION 74. Sections 402.059(d), 402.0921, 402.121,
402.127, and 402.129, Health and Safety Code, are repealed.
SECTION 75. This Act takes effect September 1, 1999.
SECTION 76. The importance of this legislation and the
crowded condition of the calendars in both houses create an
emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several
days in each house be suspended, and this rule is hereby suspended.