reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 401.2456 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter F. Special Provisions Concerning Low-Level Radioactive Waste Disposal|Section 401.2456. Contracts for Nonparty Compact Waste Disposal

Sec. 401.2456.  CONTRACTS FOR NONPARTY COMPACT WASTE DISPOSAL.  (a)  At any time after the commission has granted approval to begin operating the compact waste disposal facility, the compact waste disposal facility license holder may contract rates with nonparty compact waste generators for the disposal of nonparty compact waste at the facility in accordance with the compact waste disposal facility license.(b)  Rates and contract terms negotiated under this section are subject to review and approval by the commission's executive director to ensure they meet all of the requirements of this section.(c)  Rates negotiated under this section must be set both by a price per curie and a price per cubic foot.  Fees resulting from the negotiated rates must be greater than, as applicable:(1)  the compact waste disposal fees under Section 401.245 as set by the commission that are in effect at the time the rates are negotiated; or(2)  the interim compact waste disposal fees under Section 401.2455 as set by the commission's executive director that are in effect at the time the rates are negotiated.(d)  A contract under this section must:(1)  be negotiated in good faith;(2)  conform to applicable antitrust statutes and regulations; and(3)  be nondiscriminatory.(e)  Rates set under this section must generate fees sufficient to meet the criteria for party state compact waste under Sections 401.246(a) and (c).|Added by Acts 2011, 82nd Leg., R.S., Ch. 1244 (S.B. 1504), Sec. 6, eff. September 1, 2011.|
TX Health & Safety Code § 401.246 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter F. Special Provisions Concerning Low-Level Radioactive Waste Disposal|Section 401.246. Waste Disposal Fee Criteria

Sec. 401.246.  WASTE DISPOSAL FEE CRITERIA.  (a)  Party state compact waste disposal fees adopted by the commission under Section 401.245 must be sufficient to:(1)  allow the compact waste facility license holder to recover costs of operating and maintaining the compact waste disposal facility and a reasonable profit on the operation of that facility;(2)  provide an amount necessary to meet future costs of decommissioning, closing, and postclosure maintenance and surveillance of the compact waste disposal facility and the compact waste disposal facility portion of the disposal facility site;(3)  provide an amount to fund local public projects under Section 401.244;(4)  provide a reasonable rate of return on capital investment in the facilities used for management or disposal of compact waste at the compact waste disposal facility;(5)  provide an amount necessary to pay compact waste disposal facility licensing fees, to pay compact waste disposal facility fees set by rule or statute, and to provide security for the compact waste disposal facility as required by the commission under law and commission rules; and(6)  provide an amount necessary to support the activities of the Texas Low-Level Radioactive Waste Disposal Compact Commission.(b)  To the extent practicable, the commission shall use the methods used by the Public Utility Commission of Texas under Sections 36.051, 36.052, and 36.053, Utilities Code, when establishing overall revenues, reasonable return, and invested capital for the purpose of setting fees under Subsection (a).(c)  In determining compact waste disposal fees, the commission shall only consider capital investment in property by the compact waste disposal facility license holder that is used and useful to the compact waste disposal facility as authorized under this chapter.  The commission may not consider the capital investment costs or related costs incurred before September 1, 2003, in determining disposal fees.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 804, Sec. 6, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 449, Sec. 34, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 878, Sec. 19, eff. June 18, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 17.01(30), eff. Sept. 1, 1995.  Renumbered from Health and Safety Code Sec. 402.273 and amended by Acts 2003, 78th Leg., ch. 1067, Sec. 11, eff. Sept. 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 6.01, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 1244 (S.B. 1504), Sec. 7, eff. September 1, 2011.|
TX Health & Safety Code § 401.247 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter F. Special Provisions Concerning Low-Level Radioactive Waste Disposal|Section 401.247. Reasonable and Necessary Expenses

Sec. 401.247.  REASONABLE AND NECESSARY EXPENSES.  Fees paid under this subchapter are reasonable and necessary expenses for ratemaking purposes.|Added by Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 17.03, eff. Sept. 1, 1991.  Renumbered from Health and Safety Code Sec. 402.276 and amended by Acts 2003, 78th Leg., ch. 1067, Sec. 11, eff. Sept. 1, 2003.|
TX Health & Safety Code § 401.249 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter F. Special Provisions Concerning Low-Level Radioactive Waste Disposal|Section 401.249. Low-Level Radioactive Waste Fund

Sec. 401.249.  LOW-LEVEL RADIOACTIVE WASTE FUND.  (a)  The low-level radioactive waste fund is in the state treasury.(b)  The low-level radioactive waste fund is an interest-bearing fund.  Interest earned on money in the fund shall be deposited to the credit of the fund.(c)  Except as otherwise provided by this chapter, money collected by the commission, including fees collected under Section 401.229, any additional fees collected to recover costs of processing a license application, annual fees, and any other fees necessary to administer this subchapter shall be deposited to the credit of the low-level radioactive waste fund.(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(74), eff. April 2, 2015.(e)  The commission may transfer money from the low-level radioactive waste fund to the environmental radiation and perpetual care account to make payments required by the commission under Section 401.303.  The commission shall notify the Texas Low-Level Radioactive Waste Disposal Compact Commission of an action the commission takes under this subsection.(f)  The commission shall deposit in the fund the portion of the fee collected under Section 401.245 that is calculated in accordance with Section 401.246(a) to support the activities of the Texas Low-Level Radioactive Waste Disposal Compact Commission, as required by Section 4.04(4), Texas Low-Level Radioactive Waste Disposal Compact (Section 403.006 of this code).  The fee shall be assessed for party state compact waste and nonparty compact waste.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 148, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 804, Sec. 7, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 878, Sec. 20, eff. June 18, 1993;  Acts 1999, 76th Leg., ch. 1367, Sec. 35, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 580, Sec. 11, eff. Sept. 1, 2003.  Renumbered from Health and Safety Code Sec. 402.275 and amended by Acts 2003, 78th Leg., ch. 1067, Sec. 12, eff. Sept. 1, 2003.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1159 (S.B. 347), Sec. 7, eff. September 1, 2013.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(74), eff. April 2, 2015.Acts 2017, 85th Leg., R.S., Ch. 598 (S.B. 1330), Sec. 1, eff. September 1, 2017.|
TX Health & Safety Code § 401.250 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter F. Special Provisions Concerning Low-Level Radioactive Waste Disposal|Section 401.250. Payments by Party States

Sec. 401.250.  PAYMENTS BY PARTY STATES.  (a)  Notwithstanding any other provision of law, Act of the legislature or the executive branch, or any other agreement, the initial payment of $12.5 million due from each nonhost party state under Section 5.01 of the compact established under Section 403.006 is due not later than November 1, 2003.  In accordance with Section 7.01 of the compact, the host state establishes the following terms and conditions for a state to become a party state to the compact after January 1, 2011:(1)  the state must make an initial payment of half of the total amount due to the host state under Subsection (b) on the later of September 1, 2011, or the date the state becomes a party state; and(2)  the state must pay the remainder of the amount owed under Subsection (b) on the later of the date of the opening of the compact waste disposal facility or the date the facility first accepts waste from the state.(b)  Each state that becomes a party state:(1)  after January 1, 2011, and before September 1, 2018, shall contribute a total of $30 million to the host state, including the initial payment under Subsection (a)(1); and(2)  on or after September 1, 2018, and before September 1, 2023, shall contribute $50 million to the host state, including the initial payment under Subsection (a)(1).(c)  The requirements of this section apply to a state that becomes a party state after January 1, 2011, regardless of whether the state had previously been a party to the compact.  A state that has withdrawn as a party state shall pay the previously committed fee of $25 million in addition to the fees set in Subsection (b).(d)  A payment made under this section may not be refunded, even if a party state withdraws from the compact.(e)  For the purposes of calculating the amount of a payment required under Section 4.05(5) of the compact, the amount of a payment under this section is considered to be a payment under Article V of the compact.(f)  This section prevails over any other law or agreement in conflict or inconsistent with this section.|Added by Acts 2003, 78th Leg., ch. 1067, Sec. 13, eff. Sept. 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1244 (S.B. 1504), Sec. 9, eff. September 1, 2011.|
TX Health & Safety Code § 401.251 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter F. Special Provisions Concerning Low-Level Radioactive Waste Disposal|Section 401.251. Low-Level Radioactive Waste Disposal Compact Commission Account

Sec. 401.251.  LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT COMMISSION ACCOUNT.  (a)  The low-level radioactive waste disposal compact commission account is an account in the general revenue fund.(b)  On the first day of each state fiscal year, the comptroller shall transfer from the low-level radioactive waste fund to the low-level radioactive waste disposal compact commission account an amount equal to the amount appropriated for that state fiscal year.  On September 30 of each fiscal year, the comptroller shall transfer the unexpended and unencumbered money from the previous fiscal year in the low-level radioactive waste disposal compact commission account to the low-level radioactive waste fund.(c)  Money in the low-level radioactive waste disposal compact commission account may be used only to support the operations of the Texas Low-Level Radioactive Waste Disposal Compact Commission.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 6.02, eff. September 1, 2011.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1159 (S.B. 347), Sec. 8, eff. September 1, 2013.|
TX Health & Safety Code § 401.261 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter G. Special Provisions Concerning By-Product Material|Section 401.261. Subchapter Application

Sec. 401.261.  SUBCHAPTER APPLICATION.  In this subchapter:(1)  "By-product material" does not include that by-product material defined by Section 401.003(3)(A).(2)  "Processing" means the possession, use, storage, extraction of material, transfer, volume reduction, compaction, or other separation incidental to recovery of source material.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 992, Sec. 1, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.232, eff. Sept. 1, 1995.|
TX Health & Safety Code § 401.262 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter G. Special Provisions Concerning By-Product Material|Section 401.262. Management of Certain By-Product Material

Sec. 401.262.  MANAGEMENT OF CERTAIN BY-PRODUCT MATERIAL.  The commission has sole and exclusive authority to assure that processing and disposal sites are closed and that by-product material is managed and disposed of in compliance with:(1)  the federal commission's applicable standards; and(2)  closure criteria the federal commission and the United States Environmental Protection Agency have determined are protective of human health and safety and the environment.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 992, Sec. 1, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1338, Sec. 4, eff. June 20, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 13, eff. June 15, 2007.|
TX Health & Safety Code § 401.2625 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter G. Special Provisions Concerning By-Product Material|Section 401.2625. Licensing Authority

Sec. 401.2625.  LICENSING AUTHORITY.  The commission has sole and exclusive authority to grant, deny, renew, revoke, suspend, amend, or withdraw licenses for source material recovery and processing or for storage, processing, or disposal of by-product material.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 143, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 992, Sec. 1, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1338, Sec. 5, eff. June 20, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 14, eff. June 15, 2007.|
TX Health & Safety Code § 401.263 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter G. Special Provisions Concerning By-Product Material|Section 401.263. Application; Environmental Analysis

Sec. 401.263.  APPLICATION;  ENVIRONMENTAL ANALYSIS.  (a)  If the commission is considering the issuance, renewal, or amendment of a license to process materials that produce by-product materials or a license to dispose of by-product material and the commission determines that the licensed activity will have a significant impact on the human environment, the commission shall prepare or have prepared a written environmental analysis.(b)  The analysis must include:(1)  an assessment of the radiological and nonradiological effects of the licensed activity on the public health;(2)  an assessment of any effect of the licensed activity on a waterway or groundwater;(3)  consideration of alternatives to the licensed activity, including alternative sites and engineering methods;  and(4)  consideration of decommissioning, decontamination, reclamation, and other long-term effects associated with a licensed activity, including management of by-product material.(c)  The commission shall give notice of the analysis as provided by commission rule and shall make the analysis available to the public for written comment not later than the 31st day before the date of the hearing on the license.(d)  After notice is given, the commission shall provide an opportunity for written comments by persons affected.(e)  The analysis shall be included as part of the record of the commission's proceedings.(f)  The commission by rule shall prohibit major construction with respect to an activity that is to be licensed until the requirements of Subsections (a), (b), (c), and (e) are completed.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 992, Sec. 1, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1338, Sec. 6, eff. June 20, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 15, eff. June 15, 2007.|
TX Health & Safety Code § 401.266 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter G. Special Provisions Concerning By-Product Material|Section 401.266. Transfer of Land Required

Sec. 401.266.  TRANSFER OF LAND REQUIRED.  (a)  The commission by rule or order may require that before a license covering land used for the disposal of by-product material is terminated, the land, including any affected interests in the land, must be transferred to the federal government or to the state unless:(1)  the federal commission determines before the license terminates that the transfer of title to the land and the by-product material is unnecessary to protect the public health, safety, or welfare or to minimize danger to life or property; or(2)  the land is held in trust by the federal government for an Indian tribe, is owned by an Indian tribe subject to a restriction against alienation imposed by the federal government, is owned by the federal government, or is owned by the state.(b)  By-product material transferred to the state under this section shall be transferred without cost to the state.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 992, Sec. 1, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1338, Sec. 9, eff. June 20, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 18, eff. June 15, 2007.|
TX Health & Safety Code § 401.267 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter G. Special Provisions Concerning By-Product Material|Section 401.267. Acquisition and Sale of Certain By-Product Materials and Sites

Sec. 401.267.  ACQUISITION AND SALE OF CERTAIN BY-PRODUCT MATERIALS AND SITES.  (a)  The commission may acquire by-product material and fee simple title in land, affected mineral rights, and buildings at which that by-product material is disposed of and abandoned so that the by-product material and property can be managed in a manner consistent with protecting public health, safety, and the environment.(b)  The commission may sell land acquired under this section at the land's fair market value after the commission has taken corrective action to restore the land to a condition that does not compromise the public health or safety or the environment.  The General Land Office shall negotiate and close a transaction under this subsection on behalf of the commission using procedures under Section 31.158(c), Natural Resources Code.  Proceeds from the transaction shall be deposited in the Texas capital trust fund.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 992, Sec. 1, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1338, Sec. 10, eff. June 20, 1997;  Acts 1999, 76th Leg., ch. 244, Sec. 1, eff. Aug. 30, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 19, eff. June 15, 2007.|
TX Health & Safety Code § 401.268 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter G. Special Provisions Concerning By-Product Material|Section 401.268. Liability

Sec. 401.268.  LIABILITY.  The transfer of the title to by-product material, land, and buildings under Section 401.267 does not relieve a license holder of liability for acts performed before the transfer.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 992, Sec. 1, eff. Sept. 1, 1993.|
TX Health & Safety Code § 401.269 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter G. Special Provisions Concerning By-Product Material|Section 401.269. Monitoring, Maintenance, and Emergency Measures

Sec. 401.269.  MONITORING, MAINTENANCE, AND EMERGENCY MEASURES.  (a)  The commission may undertake monitoring, maintenance, and emergency measures in connection with by-product material and property for which it has assumed custody under Section 401.267 that are necessary to protect the public health and safety and the environment.(b)  The commission shall maintain the by-product material and property transferred to it in a manner that will protect the public health and safety and the environment.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 992, Sec. 1, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1338, Sec. 11, eff. June 20, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 20, eff. June 15, 2007.|