BILL ANALYSIS

 

 

Senate Research Center

H.B. 2203

86R20292 SCL-D

By: Miller et al. (Kolkhorst)

 

Natural Resources & Economic Development

 

5/6/2019

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Certain recent events in Sugar Land, Texas, have been cited as evidence illustrating the need for notification to political subdivisions when a radioactive substance is released into the environment. H.B. 2203 seeks to address this issue and keep residents and first responders safe by requiring certain notice to be provided in the event of a reported radioactive substance release.

H.B. 2203 amends the Health and Safety Code to require the Department of State Health Services or any other state agency that receives a required report of a release of a radioactive substance into the environment to immediately provide notice to each political subdivision of the state into which the substance was released. The bill requires the notice to include the name, quantity, and state of matter of the radioactive substance, if known. The bill makes the information contained in the notice confidential and not subject to disclosure under the state public information law.

 

H.B. 2203 amends current law relating to notice of a radioactive substance release.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter B, Chapter 501, Health and Safety Code, by adding Section 501.0245, as follows:

Sec. 501.0245. NOTICE OF RADIOACTIVE SUBSTANCE RELEASE. (a) Defines "radioactive substance" for purposes of this section.

(b) Requires the Department of State Health Services (DSHS) or any other state agency that receives a required report of a release of a radioactive substance into the environment, notwithstanding Subchapter H (Miscellaneous Provisions), Chapter 418 (Emergency Management), Government Code, or any other law requiring confidentiality, to immediately provide notice to each political subdivision of this state into which the substance was released. Requires the notice to include the name, quantity, and state of matter of the radioactive substance released, if known.

(c)  Provides that the information contained in the notice provided to a political subdivision under Subsection (b) is confidential and not subject to disclosure under Chapter 552 (Public Information), Government Code.

 

SECTION 2. Effective date: upon passage or September 1, 2019.