HBA-MPM H.B. 1541 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1541
By: Uher
Environmental Regulation
2/25/1999
Introduced



BACKGROUND AND PURPOSE 

Current law requires the payment of fees by a person who is licensed to
possess or use radioactive material or to own or operate a production or
utilization facility or other fixed nuclear facility in Texas.  These fees
are assessed for planning and implementation costs associated with the
selection and licensing of a disposal site.  In November, 1998, the Texas
Natural Resources Conservation Commission denied a permit application of
the Texas Low-Level Radioactive Waste Authority for the disposal site that
was to be located in Hudspeth County. 

H.B. 1541 repeals Section 402.2721, Health and Safety Code, which requires
payment of planning and implementation fees to the Texas Low-Level
Radioactive Waste Authority for costs associated with the selection and
licensing of a low-level radioactive waste disposal site. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 401.301(b), Health and Safety Code, to delete
the requirement that the Texas Board of Health (board) by rule set the
license and registration fee in an amount not to exceed the actual expenses
annually incurred to collect payments to the low level waste fund and
general revenue as provided by Section 402.2721 (Planning and
Implementation Fees), Health and Safety Code. 

SECTION 2.  Amends Section 402.252(a), Health and Safety Code, to delete
planning and implementation fee surcharges under Sections 402.2721(e) and
(f) (regarding surcharges assessed on fees established for certain
bienniums) from those in the low-level waste fund that the board is
required to transfer on a quarterly basis to the commissioners court of the
host county. 

SECTION 3.  Amends Section 402.271, Health and Safety Code, to delete
planning and implementation fees from a list of fees, proceeds, and
contributions used to pay the Texas Low-Level Radioactive Waste Disposal
Authority's (authority's) expenses.  Redesignates existing Subdivisions
(3)-(7) to Subdivisions (2)-(6). 

SECTION 4.  Amends Section 402.275(c), Health and Safety Code, to delete
planning and implementation fees and surcharges on planning and
implementation fees from a list of fees, penalties, payments, and other
receipts collected by the authority that are required to be deposited to
the credit of the low-level waste fund. 

SECTION 5.  Repealer: Sections 401.306 (Low-level Waste Fund) and 402.2721
(Planning and Implementation Fees), Health and Safety Code. Section 401.306
requires the Texas Department of Health to collect a planning and
implementation fee and describes the manner in which these fees are
required to be deposited.  Section 402.2721 requires the board to adopt and
periodically revise a planning and implementation fee to be paid by each
person in this state who is licensed by the department under the Texas
Radiation Control Act, or by the Nuclear Regulatory Commission under the
Atomic Energy Act.  Further describes the purpose and amount of the fee and
how it is to be  collected and deposited, and makes exceptions for certain
persons.  

SECTION 6.  Effective date: September 1, 1999.

SECTION 7.  Specifies that a person required on January 1, 1999 to pay the
annual planning and implementation fee imposed by Section 402.2721, Health
and Safety Code, which is repealed by this Act, is liable for any quarterly
payment of that fee that accrues or remains unpaid on or after September 1,
1999, including any surcharge.  Requires planning and implementation fees
collected on or after September 1, 1999, to be deposited to the low-level
waste fund. 

SECTION 8.  Emergency clause.