By: Seliger  S.B. No. 1605
         (In the Senate - Filed March 11, 2011; March 23, 2011, read
  first time and referred to Committee on Natural Resources;
  April 7, 2011, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 8, Nays 1; April 7, 2011,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1605 By:  Seliger
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the Texas Low-Level Radioactive Waste Disposal Compact
  Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 401.248, Health and Safety Code, is
  amended by adding Subsection (e) to read as follows:
         (e)  The compact waste disposal facility license holder may
  not accept compact waste at the compact waste disposal facility
  unless the compact commission established by the compact under
  Section 403.006 has adopted bylaws necessary to carry out the terms
  of the compact.
         SECTION 2.  Chapter 403, Health and Safety Code, is amended
  by adding Section 403.0005 to read as follows:
         Sec. 403.0005.  DEFINITIONS.  In this chapter:
               (1)  "Commission" means the commission established by
  Article III of the Texas Low-Level Radioactive Waste Disposal
  Compact.
               (2)  "Host state commissioner" means a person who is
  appointed from this state to serve on the commission under this
  chapter.
         SECTION 3.  Sections 403.002 and 403.004, Health and Safety
  Code, are amended to read as follows:
         Sec. 403.002.  TERMS OF COMMISSION MEMBERS; VACANCY.  Host
  [A host] state commissioners serve staggered six-year terms, with
  the terms of two host state commissioners expiring on February 1 of
  each even-numbered year.  A host state commissioner serves [for a
  term of six years and] until a successor is appointed and qualified.
  A vacancy in the office of host state commissioner is filled for the
  unexpired term by appointment of the governor.
         Sec. 403.004.  COMPENSATION.  A host state commissioner is
  not entitled to compensation for performing the duties of host
  state commissioner but is entitled to reimbursement for reasonable
  [actual] and necessary expenses incurred in the performance of the
  duties of host state commissioner.
         SECTION 4.  Chapter 403, Health and Safety Code, is amended
  by adding Sections 403.007, 403.008, 403.009, 403.010, and 403.011
  to read as follows:
         Sec. 403.007.  COMMISSION AS INDEPENDENT ENTITY.  (a)  The
  commission is an independent entity and not a program, department,
  or other division of, or administratively attached to, the Texas
  Commission on Environmental Quality.
         (b)  Money for the commission may not be appropriated as part
  of an appropriation for the Texas Commission on Environmental
  Quality.
         Sec. 403.008.  BIENNIAL REPORTS TO LEGISLATURE. On or
  before December 1 of each even-numbered year, the commission shall
  file with the governor and the appropriate legislative committees a
  written report that includes:
               (1)  a statement of the activities of the commission
  during the preceding fiscal biennium;
               (2)  the commission's recommendations for necessary and
  desirable legislation; and
               (3)  an accounting of all funds received and disbursed
  by the commission during the preceding biennium.
         Sec. 403.009.  ATTORNEY GENERAL TO REPRESENT COMMISSION.
  The attorney general shall represent the commission under this
  chapter in all matters before the state courts and any court of the
  United States.
         Sec. 403.010.  APPLICABILITY OF SUNSET ACT. (a)  The
  commission is subject to review under Chapter 325, Government Code
  (Texas Sunset Act), as if it were a state agency subject to review
  under that chapter, but may not be abolished under that chapter.
         (b)  The commission shall be reviewed during the period in
  which state agencies scheduled to be reviewed or abolished in 2013
  and every 12th year after that year are reviewed.
         (c)  The commission shall pay the cost incurred by the Sunset
  Advisory Commission in performing a review of the commission under
  this section. The Sunset Advisory Commission shall determine the
  cost, and the commission shall pay the amount promptly on receipt of
  a statement from the Sunset Advisory Commission detailing the cost.
         Sec. 403.011.  AUDIT.  The commission is subject to audit by
  the state auditor in accordance with Chapter 321, Government Code.
         SECTION 5.  The term of office of a person serving as a host
  state commissioner of the Texas Low-Level Radioactive Waste
  Disposal Compact Commission on the effective date of this Act
  expires February 1, 2012. To begin the staggering of terms, the
  governor shall appoint host state commissioners, in accordance with
  the provisions of Section 403.002, Health and Safety Code, as
  amended by this Act, as follows:
               (1)  two host state commissioners to terms expiring
  February 1, 2014;
               (2)  two host state commissioners to terms expiring
  February 1, 2016; and
               (3)  two host state commissioners to terms expiring
  February 1, 2018.
         SECTION 6.  This Act takes effect September 1, 2011.
 
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