HBA-MPM, MPM H.B. 664 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 664
By: Chisum
Land & Resource Management
6/7/1999
Enrolled



BACKGROUND AND PURPOSE 

The U.S. Department of Energy (DOE) and the Governor of Texas entered into
a cooperative agreement in 1987 in order to consolidate and dispose of
radioactive tailings at a site in Falls City, Texas.  The DOE was charged
by Congress to remediate this site by the Uranium Mill Tailings Radiation
Control Act of 1979, which required the federal government to pay 90
percent of remediation costs and the state 10 percent.  The Texas
Department of Health (TDH) was designated to oversee the project for the
state.  Prior to the 76th Legislative Session, TDH was in possession of a
remediated site comprised of 514.98 acres of land that it had no legal
authority to sell.  H.B. 664 allows TDH to sell decontaminated land at fair
market value and requires the General Land Office to negotiate and close
the sale.   

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 401.267, Health and Safety Code, as follows:

Sec. 401.267.  New title:  ACQUISITION AND SALE OF CERTAIN BY-PRODUCT
MATERIALS AND SITES.  Authorizes the Texas Department of Health
(department) to sell land acquired under this section at fair market value
after the department has restored the land to a condition that does not
compromise the public health or safety or the environment. Requires the
General Land Office to negotiate and close a transaction on behalf of the
department under Section 31.158(c) (Real Estate Transaction Authorized by
Legislature), Natural Resources Code, which sets forth the procedural
components of the sale or lease of state land.  Requires the proceeds from
the transaction to be deposited in the Texas capital trust fund.  

SECTION 2.  Emergency clause.
  Effective date: upon passage.