HBA-AMW H.B. 1099 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1099
By: Chisum
Environmental Regulation
3/1/2001
Introduced



BACKGROUND AND PURPOSE 

The Texas Radiation Control Act (Act), enacted in 1961 and recodified in
1989, establishes the regulatory framework and authority for the state
agencies that regulate sources of radiation, encompassing the use,
possession, and disposal of such sources.  House Bill 1099 adds provisions
which further regulatory enforcement and clarify certain sections of the
Act to increase enforcement capability and provide authority to better
serve the regulated community.  The bill also authorizes administrative
penalties to be used to prevent or mitigate radiation contamination for the
protection of public health and safety.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Board of Health in SECTION 2
(Section 401.108, Health and Safety Code) and SECTION 9 (Section 401.430,
Health and Safety Code) of this bill. 

ANALYSIS

House Bill 1099 amends the Health and Safety Code to modify provisions
relating to the regulation of radioactive materials and other sources of
radiation.  The bill authorizes the Texas Department of Health (TDH) or the
Texas Natural Resource Conservation Commission (TNRCC) to consider the
applicant's financial qualifications in making a determination whether to
take certain actions regarding a license or registration and includes the
renewal of a license or registration among such actions (Sec. 401.110).  

H.B. 1099 requires the applicant to demonstrate to TNRCC, rather than the
issuing agency, that the applicant is financially qualified to conduct the
licensed activity, including any required decontamination, decommissioning,
reclamation, and disposal, before a license is issued or renewed by TNRCC.
The bill also authorizes the Texas Board of Health (board), by rule, to
require an applicant to demonstrate to TDH that the applicant is
financially qualified to conduct the licensed activity before TDH issues or
renews a license.  The bill also deletes a provision which requires TNRCC
to reevaluate every five years the qualifications and security concerning
by-product materials (Sec. 401.108). 

H.B. 1099 authorizes TDH to require that each person who holds a specific
license issued by TDH annually pay to TDH an additional five percent of the
appropriate annual licensing and registration fee set by the board and
requires the nonrefundable fee to be deposited to the credit of the
radiation and perpetual care fund.  The bill sets forth provisions relating
to the suspended and reinstituted assessment of such a fee (Sec. 401.301).
The bill sets forth provisions regarding the use of the money in and
deposit of money to the radiation and perpetual care fund (Sec. 401.305). 

The bill authorizes TDH to provide, by the terms of a contract or lease
entered into between TDH and any person or by the terms of a license issued
by TDH to any person, for the decontamination, closure, decommissioning,
reclamation, surveillance, or other care of a site or facility subject to
TDH jurisdiction as needed to carry out the purpose of provisions relating
to radioactive materials and other sources of radiation.  The bill sets
forth liability restrictions for TDH regarding the radiation and perpetual
care fund (Sec. 401.305).    
 
The bill changes from a civil penalty to an administrative penalty the type
of penalty that TDH and the commissioner of public health are authorized to
impose against a person who causes, suffers, allows, or permits a violation
of provisions regarding radioactive materials and other sources of
radiation (Secs. 401.384, 401.385, and 401.388).   

The bill modifies the procedures for certified mammography system
inspections by removing the requirements for TDH to conduct annual
inspections and by requiring the board by rule to establish the routine
inspection frequency for certified mammography systems (Sec. 401.430). 

EFFECTIVE DATE

September 1, 2001.