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


Office of House Bill AnalysisH.B. 664
By: Chisum
Land & Resource Management
2/17/1999
Introduced



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% of
remediation costs and the state 10%.  The Texas Department of Health (TDH)
was designated to oversee the project for the state.  Currently, TDH is in
possession of a remediated site comprised of 514.98 acres of land that it
has no legal authority to sell.  This bill would allow 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), Natural Resources Code (Real Estate
Transaction Authorized by Legislature), which sets forth the procedural
components of the sale or lease of state land.  Provides that the proceeds
from the transaction shall be deposited in the Texas capital trust fund.  

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