By:  Bivins                                                       S.R. No. 952



SENATE RESOLUTION
	BE IT RESOLVED by the Senate of the State of Texas, 78th 
Legislature, Regular Session, 2003, That Senate Rule 12.03 be 
suspended in part as provided by Senate Rule 12.08 to enable the 
conference committee appointed to resolve the differences on 
House Bill No. 1567, relating to the disposal of low-level 
radioactive waste; authorizing the exercise of the power of 
eminent domain, to consider and take action on the following 
matters:
	(1)  Senate Rule 12.03(2) is suspended to permit the 
committee to omit "and the disposal of low-level radioactive 
waste under Subchapter F" from amended Subsection (b), Section 
401.104, Health and Safety Code.
	Explanation:  The omission is necessary since the Texas 
Commission on Environmental Quality is the agency that will issue 
the low-level radioactive waste disposal facility license under 
Subchapter F, Chapter 401, Health and Safety Code.
	(2)  Senate Rule 12.03(3) is suspended to permit the 
committee to add ", the form and content of which is acceptable to 
the agency" to amended Subdivision (6), Subsection (d), Section 
401.109, Health and Safety Code.
	Explanation: The addition is necessary to ensure that an 
insurance policy provided as security by a license holder under 
Chapter 401, Health and Safety Code, is acceptable to the state 
agency issuing the license.
	(3)  Senate Rules 12.03(3) and (4) are suspended to permit 
the committee to add text not included in either the house or 
senate version of the bill to proposed Section 401.229, Health 
and Safety Code, to read as follows:

If the commission's costs in processing an application under this 
subchapter exceed the $500,000 application processing fee, the 
commission may assess and collect additional fees from the 
applicant to recover the costs.  Recoverable costs include costs 
incurred by the commission for administrative review, technical 
review, and hearings associated with the application.
	Explanation:  The added text is necessary to allow the 
Texas Commission on Environmental Quality to collect additional 
fees from a low-level radioactive waste disposal license 
applicant if the additional fees are necessary to recover certain 
costs incurred in processing the application.
	(4)  Senate Rule 12.03(1) is suspended to permit the 
committee to change "180th" to "270th" in proposed Subsection 
(g), Section 401.232, Health and Safety Code.
	Explanation:  The changed text is necessary to give the 
Texas Commission on Environmental Quality additional time to 
select an application for a low-level radioactive waste disposal 
facility license that has the highest comparative merit.




_______________________________ 
    President of the Senate
 
     I hereby certify that the 
above Resolution was adopted by 
the Senate on May 26, 2003, by 
the following vote:  Yeas 24, 
Nays 7.



_______________________________ 
    Secretary of the Senate