Legislative library home page
Legislative Reference Library of Texas
your partner in legislative research
Legislative Reference Library of Texas
your partner in legislative research
Skip to main content

Nuclear Energy: State and Federal Regulation

Mar 22

posted by Admin in Nuclear energy

In the wake of the earthquake, tsunami, and nuclear disaster in Japan, questions about the safety of nuclear energy are being raised.  In this post, we provide information about nuclear energy as it is regulated in Texas and at the national level.  For general background and information about nuclear energy in Texas, see the Texas Comptroller's Energy Report, Chapter 8 on Nuclear Energy (2008).

The U.S. has 104 operating nuclear reactors.  Locations and additional details about individual reactors are available on this map (U.S. Nuclear Regulatory Commission, October 2010).  In Texas, there are two operating nuclear reactors: Comanche Peak in Glen Rose and the South Texas Project located near Bay City.  Six new power reactors are being proposed in the state.  Locations of these project power reactors include additional units at Comanche Peak and at the South Texas Project, as well as new units in Victoria County.   

Commercial nuclear power reactors in the U.S. are regulated by the U.S. Nuclear Regulatory Commission (NRC).  The Commission provides information about the reactor oversight process, as well as regulations, guidance, and communications of operating reactors. 

Texas is one of 37 "agreement states," allowing it to regulate radioactive material in-state, excluding federal facilities and nuclear power reactors.  A map of all agreement states is provided by the NRC, and includes links to individual state regulations and official documents.  Texas' regulatory scheme is also described on the website of the Texas Department of State Health Services, Radiation Control Program (updated March 2011).  The site also provides a history of radiation control in Texas.   

Radioactive waste can generally be classified as low-level or high-level waste.  Information about these classifications, as well as storage and disposal of radioactive waste, is provided by the NRC.  Under the Texas Radiation Control Act (Health & Safety Code, Ch. 401), processing, storage and disposal of most types of low-level radioactive waste in Texas is regulated by the Texas Commission on Environmental Quality.  The NRC provides information about low-level waste disposal facilities in the U.S.  At present, there is not a permanent disposal facility for high-level waste, however one has been proposed at Yucca Mountain, Nevada.   

This entry was posted on March 22, 2011 at 9:53 AM and has received 4556 views. Print this entry.

Sunset Review of State Agencies: FAQs

Mar 14

posted by Admin in Sunset review

In the 2010-2011 biennium, 28 state agencies were subject to review by the Sunset Advisory Commission.  The Commission recently published its recommendations in its Report to the 82nd Legislature (February 2011). 

In this post, we answer commonly asked questions about the Sunset Advisory Commission and the sunset review process.

What is sunset review?
From the Commission's Guide to the Sunset Process - "Sunset is the regular assessment of the continuing need for a state agency to exist.  While standard legislative oversight is concerned with agency compliance with legislative policies, Sunset asks a more basic question: Do the agency's functions continue to be needed?  The Sunset process works by setting a date on which an agency will be abolished unless legislation is passed to continue its functions.  This creates a unique opportunity for the Legislature to look closely at each agency and make fundamental changes to an agency's mission or operations if needed.

The Sunset process is guided by a 12-member body appointed by the Lieutenant Governor and the Speaker of the House of Representatives.  Assisting the Commission is a staff whose reports provide an assessment of an agency's programs, giving the Legislature the information needed to draw conclusions about program necessity and workability."

Who are the current members of the Sunset Advisory Commission?
The Commission is made up of five House members, five Senate members, and two members of the public.  The Senate members are: Sen. Glenn Hegar, Jr. (chair), Sen. Juan "Chuy" Hinojosa, Sen. Joan Huffman, Sen. Robert Nichols, and Sen. John Whitmire.  The House members are: Rep. Dennis Bonnen (vice chair), Rep. Rafael Anchia, Rep Byron Cook, Rep. Linda Harper-Brown, and Rep. Larry Taylor.  The two public members are Charles McMahen and Lamont Jefferson. 

What agencies were reviewed for this session?
A total of 28 state agencies were under sunset review in the 2010-2011 biennium.  To see a list of these agencies, see page 3 of the Sunset Advisory Commission's Report to the 82nd Legislature.  Agency self-evaluations, Sunset staff reports, and other documents related to the review process can be found on the Commission's website. 

How do I find sunset bills?
During the legislative session, the Sunset Commission files legislation to enact improvements identified during the sunset review process.  A list of Sunset Commission bills introduced during the 82nd Regular Session is available online.

What agencies will be up for review in 2013?
37 state agencies are scheduled for sunset review in the 2012-2013 biennium.  Appendix A of the Sunset Advisory Commission's Report to the 82nd Legislature contains a list of these agencies. 

Which state agencies are subject to the Sunset Act and where can I find the dates of their last and next review?
The Sunset Commission's Guide to the Sunset Process provides a list of state agencies subject to the Sunset Act and the dates of their next and last review (see pg. 75.)

This entry was posted on March 14, 2011 at 1:44 PM and has received 2671 views. Print this entry.

FAQs about the Economic Stabilization ("Rainy Day") Fund

Feb 28

posted by Admin in Rainy Day Fund

The Rainy Day Fund has been a topic of much discussion recently. In this post, you'll find answers to frequently asked questions. 

When was the Economic Stabilization Fund created?

The constitutional amendment establishing the fund, HJR 2, 70th R.S. 1987, was approved by Texas voters on November 8, 1988. The following two analyses were prepared by the legislature to explain the amendment:

House Research Organization Constitutional Amendment Analysis: Amendment No. 2 (HJR 2) Economic Stabilization ("Rainy Day") Fund

Texas Legislative Council Analysis of Proposed Constitutional Amendments: Analysis of Amendment No. 2

How much money does the fund have? 

The net cash balance of the Economic Stabilization Fund is provided in the Texas Comptroller's Texas Annual Cash Report. In Fiscal Year 2010, 0599 Economic Stabilization Fund had a net cash balance of $7,692,582,232.16.   

The amount in the Economic Stabilization Fund is capped at 10 percent of the total deposits made in the previous biennium to General Revenue (GR) excluding investment income, interest income, and amounts borrowed from special funds. (Texas Constitution Art. 3, Sec. 49-g)

Has the Legislature ever spent money from the fund?

Yes, money has been appropriated from the fund. The two most recent appropriations from the fund were made in 2003 and 2005 by the 78th and 79th Legislatures. Detailed information on appropriations to and from the fund through the end of the 78th Legislature can be found in the Interim Report of the Senate Finance Committee to the 79th Legislature.

During the 79th Legislature in 2005, HB 10, 79th R.S. appropriated money from the fund for a number of purposes. The following summary is from page 15 of the House Research Organization's report Writing the State Budget:

"The supplemental appropriations bill enacted by the 79th Legislature in 2005, HB 10 by Pitts, appropriated approximately $1.1 billion from the Rainy Day Fund for fiscal 2005 and a further $872 million for fiscal 2006-07. This $1.9 billion, along with other funds, was used to finance appropriations in HB 10 for a number of budget areas, including Child Protective Services, Medicaid, CHIP, and public education."

Which bills have appropriated money from the Economic Stabilization Fund?

As of 2011, the following bills have appropriated money from the Economic Stabilization Fund:

SB 11, 71st 6th C.S. (1990)

SB 171, 73rd R.S. (1993)

SB 532, 73rd R.S. (1993)

HB 7, 78th R.S. (2003)

HB 10, 79th R.S. (2005)

A three-fifths vote in both chambers is required to appropriate money from the fund (Texas Constitution Art. 3, Sec. 49-g).

What was the economic situation in Texas when the Economic Stabilization Fund was created? 

In the mid-1980s, Texas experienced a severe economic crisis. In 1984, against a backdrop of declining tax revenues, the 68th 2nd C.S. passed a major package of tax increases. Two reports by the House Research Organization provide information on these increases:

Special Legislative Report: the June 1984 Session: a Preview

 Special Legislative Report: Key Issues of the June 1984 Special Session

The following session, the revenue continued to be lower than expected, causing problems for the State. The passage below comes from House Research Organization's Special Legislative Report: the August 1986 Special Session: a Preview

"In November 1985, the price of oil stood at $28 per barrel. By the beginning of this year, increased production by oil-producing countries, especially Saudi Arabia, started a steep price decline that turned into a freefall. In January, prices fell $5 in one week. By March, the price was $12 per barrel.… The state has reached the point that by December 1986 … it may not have sufficient cash available to cover its warrants."

The Governor called the 69th 2nd C. S. and 69th 3rd C. S. to deal with the shortfall. By the end of the 69th 3rd C.S., the Legislature had enacted both spending cuts and tax increases. A report by the House Research Organization provides detailed descriptions of both the cuts and the tax increases. Budget problems continued, and though the Legislature did not pass a General Appropriations Act during the 70th R.S. (one was eventually passed by the 70th 2nd C.S.), they did pass the Rainy Day Fund amendment to help the state weather troubled economic conditions in the future.

 

This entry was posted on February 28, 2011 at 1:56 PM and has received 14491 views. Print this entry.

Lt. Gov. Dewhurst Requests Joint Hearings to Investigate Statewide Rolling Blackouts

Feb 9

posted by Admin in Lt. Governor

Lt. Governor David Dewhurst issued a letter Tuesday requesting joint hearings of the Senate Business and Commerce and Senate Natural Resources Committees to investigate last week's statewide rolling blackouts.

This entry was posted on February 9, 2011 at 8:54 AM and has received 1836 views. Print this entry.

Previous Entries