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A BILL TO BE ENTITLED
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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. DEFINITION. In this chapter, "commission" |
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means the commission established by Article III of the Texas |
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Low-Level Radioactive Waste Disposal Compact. |
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SECTION 3. Chapter 403, Health and Safety Code, is amended |
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by adding Sections 403.007, 403.008, 403.009, and 403.010 to read |
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as follows: |
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Sec. 403.007. 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. 403.008. 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. 403.009. 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. 403.010. 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 the period in |
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which state agencies scheduled to be reviewed or abolished in 2013 |
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and every 12th year after that year are 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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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |