S.B. No. 1605
AN ACT
relating to the Texas Low-Level Radioactive Waste Disposal Compact
Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 401.248, Health and Safety Code, is
amended by adding Subsection (e) to read as follows:
(e) The compact waste disposal facility license holder may
not accept compact waste at the compact waste disposal facility
unless the compact commission established by the compact under
Section 403.006 has adopted bylaws necessary to carry out the terms
of the compact.
SECTION 2. Chapter 403, Health and Safety Code, is amended
by adding Section 403.0005 to read as follows:
Sec. 403.0005. DEFINITIONS. In this chapter:
(1) "Commission" means the commission established by
Article III of the Texas Low-Level Radioactive Waste Disposal
Compact.
(2) "Host state commissioner" means a person who is
appointed from this state to serve on the commission under this
chapter.
SECTION 3. Sections 403.002 and 403.004, Health and Safety
Code, are amended to read as follows:
Sec. 403.002. TERMS OF COMMISSION MEMBERS; VACANCY. Host
[A host] state commissioners serve staggered six-year terms, with
the terms of two host state commissioners expiring on September 1 of
each odd-numbered year. A host state commissioner serves [for a
term of six years and] until a successor is appointed and qualified.
A vacancy in the office of host state commissioner is filled for the
unexpired term by appointment of the governor.
Sec. 403.004. COMPENSATION. A host state commissioner is
not entitled to compensation for performing the duties of host
state commissioner but is entitled to reimbursement for actual and
necessary expenses incurred in the performance of the duties of
host state commissioner.
SECTION 4. Chapter 403, Health and Safety Code, is amended
by adding Sections 403.0051, 403.0052, 403.0053, 403.0054, and
403.0055 to read as follows:
Sec. 403.0051. COMMISSION AS INDEPENDENT ENTITY. (a) The
commission is an independent entity and not a program, department,
or other division of, or administratively attached to, the Texas
Commission on Environmental Quality.
(b) Money for the commission may not be appropriated as part
of an appropriation for the Texas Commission on Environmental
Quality.
Sec. 403.0052. BIENNIAL REPORTS TO LEGISLATURE. On or
before December 1 of each even-numbered year, the commission shall
file with the governor and the appropriate legislative committees a
written report that includes:
(1) a statement of the activities of the commission
during the preceding fiscal biennium;
(2) the commission's recommendations for necessary and
desirable legislation; and
(3) an accounting of all funds received and disbursed
by the commission during the preceding biennium.
Sec. 403.0053. ATTORNEY GENERAL TO REPRESENT COMMISSION.
The attorney general shall represent the commission under this
chapter in all matters before the state courts and any court of the
United States.
Sec. 403.0054. APPLICABILITY OF SUNSET ACT. (a) The
commission is subject to review under Chapter 325, Government Code
(Texas Sunset Act), as if it were a state agency subject to review
under that chapter, but may not be abolished under that chapter.
(b) The commission shall be reviewed during each period in
which the Texas Commission on Environmental Quality is reviewed.
(c) The commission shall pay the cost incurred by the Sunset
Advisory Commission in performing a review of the commission under
this section. The Sunset Advisory Commission shall determine the
cost, and the commission shall pay the amount promptly on receipt of
a statement from the Sunset Advisory Commission detailing the cost.
Sec. 403.0055. AUDIT. The commission is subject to audit by
the state auditor in accordance with Chapter 321, Government Code.
SECTION 5. The term of office of a person serving as a host
state commissioner of the Texas Low-Level Radioactive Waste
Disposal Compact Commission on the effective date of this Act
expires on that date. To begin the staggering of terms, the
governor shall appoint host state commissioners, in accordance with
the provisions of Section 403.002, Health and Safety Code, as
amended by this Act, as follows:
(1) two host state commissioners to terms expiring
September 1, 2013;
(2) two host state commissioners to terms expiring
September 1, 2015; and
(3) two host state commissioners to terms expiring
September 1, 2017.
SECTION 6. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1605 passed the Senate on
April 13, 2011, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 27, 2011, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1605 passed the House, with
amendments, on May 25, 2011, by the following vote: Yeas 137,
Nays 7, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor