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AN ACT
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relating to the Texas Low-Level Radioactive Waste Disposal Compact |
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Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 401.248, Health and Safety Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) The compact waste disposal facility license holder may |
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not accept compact waste at the compact waste disposal facility |
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unless the compact commission established by the compact under |
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Section 403.006 has adopted bylaws necessary to carry out the terms |
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of the compact. |
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SECTION 2. Chapter 403, Health and Safety Code, is amended |
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by adding Section 403.0005 to read as follows: |
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Sec. 403.0005. DEFINITIONS. In this chapter: |
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(1) "Commission" means the commission established by |
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Article III of the Texas Low-Level Radioactive Waste Disposal |
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Compact. |
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(2) "Host state commissioner" means a person who is |
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appointed from this state to serve on the commission under this |
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chapter. |
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SECTION 3. Sections 403.002 and 403.004, Health and Safety |
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Code, are amended to read as follows: |
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Sec. 403.002. TERMS OF COMMISSION MEMBERS; VACANCY. Host |
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[A host] state commissioners serve staggered six-year terms, with |
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the terms of two host state commissioners expiring on September 1 of |
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each odd-numbered year. A host state commissioner serves [for a
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term of six years and] until a successor is appointed and qualified. |
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A vacancy in the office of host state commissioner is filled for the |
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unexpired term by appointment of the governor. |
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Sec. 403.004. COMPENSATION. A host state commissioner is |
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not entitled to compensation for performing the duties of host |
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state commissioner but is entitled to reimbursement for actual and |
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necessary expenses incurred in the performance of the duties of |
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host state commissioner. |
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SECTION 4. Chapter 403, Health and Safety Code, is amended |
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by adding Sections 403.0051, 403.0052, 403.0053, 403.0054, and |
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403.0055 to read as follows: |
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Sec. 403.0051. COMMISSION AS INDEPENDENT ENTITY. (a) The |
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commission is an independent entity and not a program, department, |
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or other division of, or administratively attached to, the Texas |
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Commission on Environmental Quality. |
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(b) Money for the commission may not be appropriated as part |
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of an appropriation for the Texas Commission on Environmental |
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Quality. |
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Sec. 403.0052. BIENNIAL REPORTS TO LEGISLATURE. On or |
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before December 1 of each even-numbered year, the commission shall |
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file with the governor and the appropriate legislative committees a |
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written report that includes: |
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(1) a statement of the activities of the commission |
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during the preceding fiscal biennium; |
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(2) the commission's recommendations for necessary and |
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desirable legislation; and |
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(3) an accounting of all funds received and disbursed |
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by the commission during the preceding biennium. |
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Sec. 403.0053. ATTORNEY GENERAL TO REPRESENT COMMISSION. |
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The attorney general shall represent the commission under this |
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chapter in all matters before the state courts and any court of the |
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United States. |
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Sec. 403.0054. APPLICABILITY OF SUNSET ACT. (a) The |
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commission is subject to review under Chapter 325, Government Code |
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(Texas Sunset Act), as if it were a state agency subject to review |
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under that chapter, but may not be abolished under that chapter. |
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(b) The commission shall be reviewed during each period in |
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which the Texas Commission on Environmental Quality is reviewed. |
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(c) The commission shall pay the cost incurred by the Sunset |
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Advisory Commission in performing a review of the commission under |
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this section. The Sunset Advisory Commission shall determine the |
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cost, and the commission shall pay the amount promptly on receipt of |
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a statement from the Sunset Advisory Commission detailing the cost. |
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Sec. 403.0055. AUDIT. The commission is subject to audit by |
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the state auditor in accordance with Chapter 321, Government Code. |
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SECTION 5. The term of office of a person serving as a host |
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state commissioner of the Texas Low-Level Radioactive Waste |
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Disposal Compact Commission on the effective date of this Act |
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expires on that date. To begin the staggering of terms, the |
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governor shall appoint host state commissioners, in accordance with |
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the provisions of Section 403.002, Health and Safety Code, as |
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amended by this Act, as follows: |
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(1) two host state commissioners to terms expiring |
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September 1, 2013; |
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(2) two host state commissioners to terms expiring |
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September 1, 2015; and |
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(3) two host state commissioners to terms expiring |
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September 1, 2017. |
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SECTION 6. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1605 passed the Senate on |
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April 13, 2011, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendments on May 27, 2011, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1605 passed the House, with |
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amendments, on May 25, 2011, by the following vote: Yeas 137, |
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Nays 7, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |