HBA-SEP H.B. 3086 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3086
By: Burnam
Environmental Regulation
3/29/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, the Texas Natural Resource Conservation Commission (TNRCC) is
authorized to select and license a site for a low-level radioactive waste
disposal facility without considering public opinion. Requiring voter
approval of a potential host site may address public concern more
effectively.  House Bill 3086 authorizes TNRCC to choose a site as a
potential disposal site only if certain conditions are met. 

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 3086 amends the Health and Safety Code to remove provisions
limiting the location of a lowlevel radioactive waste disposal site to
Hudspeth County.  The bill also requires the Texas Natural Resource
Conservation Commission (TNRCC), before choosing a site, to publish notice
of its intent to choose the site and to mail written notice of its intent
to the commissioners court of the counties in which the potential site is
located and in each adjacent county and owners of property adjacent to the
site.  The notice must include a legal description of the site.  The bill
authorizes the commissioners court of each county in which the potential
site is located and in each adjacent county to order, on its own motion, an
election in the county on the question of whether TNRCC should be
authorized to choose the site as a potential disposal site for further
analysis.  A commissioners court is required to order an election on the
question if the court receives a petition signed by a number of registered
voters of the county equal to at least 10 percent of the number of votes
cast for governor in the county in the most recent gubernatorial election.
TNRCC is authorized to choose the site as a potential disposal site only if
the majority of the votes cast in the election favor authorizing TNRCC to
choose the site or an election is not held.  The bill sets forth provisions
regarding election procedures and ballot text.  

EFFECTIVE DATE

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