78R17033 JTS-F

Suspending limitations on conference committee

jurisdiction, H.B. 1567







By:  Bivins                                           S.R. No. 952


R E S O L U T I O N
	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 Section 401.104(b), 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 Section 401.109(d)(6), 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 Section 
401.232(g), 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.