HBA-AMW H.B. 85 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 85
                    By:  Gallego                Environmental Regulation
2/28/2001
Introduced



BACKGROUND AND PURPOSE 

Both the state of Texas and private businesses have spent a lot of time and
money attempting to locate an appropriate site for the construction of a
facility for low-level radioactive waste in accordance with federal and
state law.  A 400-square mile area within Hudspeth County had been
designated by the legislature as a possible site for low-level waste
disposal but the State Office of Administrative Hearings ruled in 1998 that
the Texas Low-Level Radioactive Waste Disposal Authority did not thoroughly
investigate a geographic fault line directly beneath the site.  House Bill
85 removes the provisions limiting the location of the disposal site to
Hudspeth County. 

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. 

ANALYSIS

House Bill 85 amends the Health and Safety Code to remove provisions
limiting the low-level radioactive waste disposal site location to Hudspeth
County, Texas.  The bill also requires that one of the voting members of
the Texas Low-Level Radioactive Waste Disposal Compact Commission be a
legal resident of the host county.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.