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AGREEMENT

BETWEEN THE

UNITED STATES ATOMIC ENERGY COMMISSION

AND THE

STATE OF TEXAS

FOR

DISCONTINUANCE OF CERTAIN COMMISSION REGULATORY

AUTHORITY AND RESPONSIBILITY WITHIN THE STATE PURSUANT TO

SECTION 274 OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED

WHEREAS, The United States Atomic Energy Commission (hereinafter

referred to as the Commission) is authorized under Section 274 of the Atomic

Energy Act of 1954, as amended, (hereinafter referred to as the Act) to enter into

agreements with the Governor of any State providing for discontinuance of the

regulatory authority of the Commission within the State under Chapters 6, 7, and 8,

and Section 161 of the Act with respect to byproduct materials, source materials,

and special nuclear materials in quantities not sufficient to form a critical mass; and

WHEREAS, The Governor of the State of Texas is authorized under Article

4590f of the Texas Revised Civil Statutes to enter into this Agreement with the

Commission; and

WHEREAS, The Governor of the State of Texas certified on November 5,

1962, that the State of Texas (hereinafter referred to as the State) has a program for

the control of radiation hazards adequate to protect the public health and safety with

respect to the materials within the State covered by this Agreement, and that the

State desires to assume regulatory responsibility for such materials; and

WHEREAS, The Commission found on December 19, 1962, that the program

of the State for the regulation of the materials covered by this Agreement is
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compatible with the Commission's program for the regulation of such materials and

is adequate to protect the public health and safety; and 

WHEREAS, The State recognizes the desirability and importance of

maintaining continuing compatibility between its program and the program of the

Commission for the control of radiation hazards in the interest of public health and

safety; and 

WHEREAS, The Commission and the State recognize the desirability of

reciprocal recognition of licenses and exemption from licensing of those materials

subject to this Agreement; and

WHEREAS, This Agreement is entered into pursuant to the provisions of the

Atomic Energy Act of 1954, as amended;

NOW, THEREFORE, It is hereby agreed between the Commission and

Governor of the State, acting in behalf of the State, as follows:

ARTICLE I

Subject to the exceptions provided in Articles II, III, and IV, the Commission

shall discontinue, as of the effective date of this Agreement, the regulatory authority

of the Commission in the State under Chapters 6, 7, and 8, and Section 161 of the

Act with respect to the following materials:

A. Byproduct materials;

B. Source materials; and

C. Special nuclear materials in quantities not sufficient to form a critical

mass.
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ARTICLE II

This Agreement does not provide for discontinuance of any authority and the

Commission shall retain authority and responsibility with respect to regulation of:

A. The construction and operation of any production or utilization facility;

B. The export from or import into the United States of byproduct, source,

or special nuclear material, of any production or utilization facility;

C. The disposal into the ocean or sea of byproduct, source, or special

nuclear waste materials as defined in regulations or orders of the Commission;

D. The disposal of such other byproduct, source, or special nuclear

material as the Commission from time to time determines by regulation or order

should, because of the hazards or potential hazards thereof, not be so disposed of

without a license from the Commission.

ARTICLE III

Notwithstanding this Agreement, the Commission may from time to time by

rule, regulation, or order, require that the manufacturer, processor, or producer of

any equipment, device, commodity, or other product containing source, byproduct,

or special nuclear material shall not transfer possession or control of such product

except pursuant to a license or an exemption from licensing issued by the

Commission.

ARTICLE IV

This Agreement shall not affect the authority of the Commission under

subsection 161 b. or i. of the Act to issue rules, regulations, or orders to protect the
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common defense and security, to protect restricted data or to guard against the loss

or diversion of special nuclear material.

ARTICLE V

The Commission will use its best efforts to cooperate with the State and other

agreement States in the formulation of standards and regulatory programs of the

State and the Commission for protection against hazards of radiation and to assure

that State and Commission programs for protection against hazards of radiation will

be coordinated and compatible. The State will use its best efforts to cooperate with

the Commission and other agreement States in the formulation of standards and

regulatory program of the State and the Commission for protection against hazards

of radiation and to assure that the State’s program will continue to be compatible

with the program of the Commission for the regulation of like materials. The State

and the Commission will use their best efforts to keep each other informed of

proposed changes in their respective rules and regulations and licensing, inspection

and enforcement policies and criteria, and to obtain the comments and assistance of

the other party thereon.

ARTICLE VI

The Commission and the State agree that it is desirable to provide for

reciprocal recognition of licenses for the materials listed in Article I licensed by the

other party or by any agreement State. Accordingly, the Commission and the State

agree to use their best effort to develop appropriate rules, regulations, and

procedures by which such reciprocity will be accorded.
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ARTICLE VII

The Commission, upon its own initiative after reasonable notice and

opportunity for hearing to the State, or upon request of the Governor of the State,

may terminate or suspend this Agreement and reassert the licensing and regulatory

authority vested in it under the Act if the Commission finds that such termination or

suspension is required to protect the public health and safety.

ARTICLE VIII

This Agreement shall become effective on March 1, 1963, and shall remain in

effect unless, and until such time as it is terminated pursuant to Article VII.

Done at Austin, State of Texas, in triplicate, this 10th day of January 1963.

FOR THE UNITED STATES ATOMIC ENERGY COMMISSION

______________________________________________________

Glenn T. Seaborg, Chairman

FOR THE STATE OF TEXAS

______________________________________________________

Price Daniel, Governor