reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 401.271 (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 401.271. State Fee on Radioactive Substances

Sec. 401.271.  STATE FEE ON RADIOACTIVE SUBSTANCES.  (a)  A holder of a license issued by the commission under this chapter that authorizes the disposal of a radioactive substance from other persons shall remit each quarter an amount equal to 10 percent of the license holder's gross receipts received from disposal operations under a license issued under this chapter that occur after the effective date of the Act enacting this section as follows:(1)  five percent shall be remitted to the comptroller for deposit to the credit of the general revenue fund; and(2)  five percent shall be remitted to the host county in accordance with Sections 401.244(b) and (d).(b)  Subsection (a) does not apply to compact waste or federal facility waste as defined by Section 401.2005 or industrial solid waste as defined by Section 361.003.(c)  A holder of a license or permit issued by the commission under this chapter or Chapter 361 that authorizes the storage, other than disposal, of a radioactive waste or elemental mercury from other persons shall remit each quarter to the commission for deposit into the general revenue fund an amount equal to 20 percent of the license or permit holder's gross receipts received from the storage of the substance for any period exceeding one year.  This subsection applies only to the storage of the substance for any period exceeding one year. This subsection applies only to the storage of radioactive waste or elemental mercury at or adjacent to the compact waste disposal facility.|Added by Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 22, eff. June 15, 2007.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1244 (S.B. 1504), Sec. 10, eff. September 1, 2011.|
TX Health & Safety Code § 401.272 (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 401.272. Audit Authority

Sec. 401.272.  AUDIT AUTHORITY.  The commission may audit a license holder's financial records and waste manifest information to ensure that the fees imposed under this chapter are accurately paid.  The license holder shall comply with the commission's audit-related requests for information.|Added by Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 22, eff. June 15, 2007.|
TX Health & Safety Code § 401.302 (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 H. Financial Provisions|Section 401.302. Nuclear Reactor and Fixed Nuclear Facility Fee

Sec. 401.302.  NUCLEAR REACTOR AND FIXED NUCLEAR FACILITY FEE.  (a)  The executive commissioner, in coordination with the commission, by rule may set an annual fee to be collected by the department from the operator of each nuclear reactor or other fixed nuclear facility in the state that uses special nuclear material.(b)  The amount of fees collected may not exceed the actual expenses that arise from emergency planning and implementation and environmental surveillance activities.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 24, eff. June 15, 2007.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0920, eff. April 2, 2015.|
TX Health & Safety Code § 401.303 (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 H. Financial Provisions|Section 401.303. Payment for Maintenance, Surveillance, or Other Care

Sec. 401.303.  PAYMENT FOR MAINTENANCE, SURVEILLANCE, OR OTHER CARE.  (a)  The executive commissioner or commission may require the holder of a license issued by the agency to pay annually to the issuing agency an amount determined by the issuing agency if continuing or perpetual maintenance, surveillance, or other care is required after termination of a licensed activity.(b)  The issuing agency annually shall review the license holder's payments under this section to determine if the payment schedule is adequate for the maintenance and surveillance that the licensed activity requires or may require in the future.(c)  The issuing agency may review estimates of costs that are required to be incurred under this chapter in accordance with the need, nature, and cost of decontamination, stabilization, decommissioning, reclamation, and disposal activity and the maintenance and surveillance required for public health and safety and the environment.(d)  The issuing agency shall set the charges for maintenance and perpetual care at amounts consistent with existing technology.(e)  The issuing agency may not impose charges that exceed the amount that the issuing agency projects to be required for maintenance, surveillance, and other necessary care required after the licensed activity is terminated.(f)  An increase in costs may not be applied retroactively but may apply to increases in subsequent annual payments.(g)  If a license holder satisfies the obligations under this chapter, the issuing agency shall have the comptroller promptly refund to the license holder from the perpetual care account or the environmental radiation and perpetual care account, as applicable, the excess of the amount of all payments made by the license holder to the issuing agency and the investment earnings of those payments over the amount determined to be required for the continuing maintenance and surveillance of land, buildings, and radioactive material conveyed to the state.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.234, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 580, Sec. 7, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1067, Sec. 17, eff. Sept. 1, 2003.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1159 (S.B. 347), Sec. 10, eff. September 1, 2013.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0921, eff. April 2, 2015.|
TX Health & Safety Code § 401.304 (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 H. Financial Provisions|Section 401.304. Acceptance and Administration of Funds

Sec. 401.304.  ACCEPTANCE AND ADMINISTRATION OF FUNDS.  The department and commission each may accept and administer conditional or other loans, grants, gifts, or other funds from the federal government or other sources to carry out their respective functions.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.234, eff. Sept. 1, 1995.|
TX Health & Safety Code § 401.306 (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 H. Financial Provisions|Section 401.306. Environmental Radiation and Perpetual Care Account

Sec. 401.306.  ENVIRONMENTAL RADIATION AND PERPETUAL CARE ACCOUNT.  (a)  The environmental radiation and perpetual care account is an account in the general revenue fund to support the activities of the Texas Low-Level Radioactive Waste Disposal Compact Commission.(b)  The commission shall deposit to the credit of the environmental radiation and perpetual care account money and security it receives under this chapter, including fees collected under Section 401.301(d).  Interest earned on money in the environmental radiation and perpetual care account shall be credited to the environmental radiation and perpetual care account.(c)  Money and security in the environmental radiation and perpetual care account may be administered by the commission only for the decontamination, decommissioning, stabilization, reclamation, maintenance, surveillance, control, storage, and disposal of radioactive substances for the protection of the public health and safety and the environment under this chapter and for refunds under Section 401.303.(d)  Money and security in the environmental radiation and perpetual care account may not be used for normal operating expenses of the commission.(e)  The commission may use money in the environmental radiation and perpetual care account to pay for measures:(1)  to prevent or mitigate the adverse effects of abandonment of radioactive substances, default on a lawful obligation, insolvency, or other inability by the holder of a license issued by the commission to meet the requirements of this chapter or of commission rules; and(2)  to ensure the protection of the public health and safety and the environment.(f)  The commission may provide, by the terms of a contract or lease entered into between the commission and any person, or by the terms of a license issued to any person, for the decontamination, closure, decommissioning, reclamation, surveillance, or other care of a site or facility subject to commission jurisdiction under this chapter as needed to carry out the purposes of this chapter.(g)  The existence of the environmental radiation and perpetual care account does not make the commission liable for the costs of decontamination, transfer, transportation, reclamation, surveillance, or disposal of radioactive substances arising from a license holder's abandonment of radioactive substances, default on a lawful obligation, insolvency, or inability to meet the requirements of this chapter or of commission rules.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1159 (S.B. 347), Sec. 12, eff. September 1, 2013.|
TX Health & Safety Code § 401.307 (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 H. Financial Provisions|Section 401.307. Perpetual Care Account and Environmental Radiation and Perpetual Care Account Caps

Sec. 401.307.  PERPETUAL CARE ACCOUNT AND ENVIRONMENTAL RADIATION AND PERPETUAL CARE ACCOUNT CAPS.  (a)  The fees imposed under Sections 401.052(d) and 401.301(d) are suspended when the sum of the balances of the perpetual care account and the environmental radiation and perpetual care account reaches $100 million.  The fees are reinstated when the sum of the balances of the perpetual care account and the environmental radiation and perpetual care account falls to $50 million or less.(b)  The surcharge collected under Section 401.207(g) is collected without regard to the balances of the perpetual care account and the environmental radiation and perpetual care account.(c)  Notwithstanding Subsection (a), a fee imposed by the commission under Section 401.301(d) on the holder of a license authorizing the extraction, processing, or concentration of uranium or thorium from ore is suspended when the amount in the environmental radiation and perpetual care account attributable to those fees reaches $2 million.  If the amount in that account attributable to those fees is reduced to $1.5 million or less, the fee is reinstated until the amount reaches $2 million.(d)  Notwithstanding Subsection (a), a fee imposed under Section 401.052(d) is suspended from imposition against a party state compact waste generator when the amount in the perpetual care account attributable to those fees reaches $500,000.  If the amount in that account attributable to those fees is reduced to $350,000 or less, the fee is reinstated until the amount reaches $500,000.(e)  This section does not relieve a generator from liability for a transportation accident involving low-level radioactive waste.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1159 (S.B. 347), Sec. 12, eff. September 1, 2013.|
TX Health & Safety Code § 401.341 (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 I. Court Proceedings|Section 401.341. Judicial Review

Sec. 401.341.  JUDICIAL REVIEW.  A person who is affected by a final decision of the department and who has exhausted all administrative remedies available in the appropriate agency is entitled to judicial review under Chapter 2001, Government Code.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), 11.236, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 48, eff. Sept. 1, 1997.|
TX Health & Safety Code § 401.342 (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 I. Court Proceedings|Section 401.342. Suit by Attorney General

Sec. 401.342.  SUIT BY ATTORNEY GENERAL.  (a)  The attorney general, at the request of the department regarding an activity under its jurisdiction, shall institute an action in a district court in Travis County or in any county in which a violation occurs or is about to occur if in the department's judgment a person has engaged in or is about to engage in an act or practice that violates or will violate this chapter, a rule adopted by the executive commissioner under this chapter, or a license, registration, or order issued by the department under this chapter.  The attorney general may determine the court in which suit will be instituted.(b)  The attorney general may petition the court for:(1)  an order enjoining the act or practice or an order directing compliance and reimbursement of the perpetual care account, if applicable;(2)  civil penalties as provided by Section 401.381;  or(3)  a permanent or temporary injunction, restraining order, or other appropriate order if the department shows that the person engaged in or is about to engage in any of the acts or practices.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.236, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 49, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 580, Sec. 9, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1067, Sec. 19, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0922, eff. April 2, 2015.|
TX Health & Safety Code § 401.343 (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 I. Court Proceedings|Section 401.343. Recovery of Security

Sec. 401.343.  RECOVERY OF SECURITY.  (a)  The department or commission shall seek reimbursement, either by an order of the department or commission or a suit filed by the attorney general at the request of the department or commission, of security from the perpetual care account used by the department or commission to pay for actions, including corrective measures, to remedy spills or contamination by radioactive substances resulting from a violation of this chapter relating to an activity under the jurisdiction of the department or commission, a violation of a rule adopted under this chapter, or a violation of a license, registration, or order issued by the department or commission under this chapter.(b)  On request by the department or commission, the attorney general shall file suit to recover security under this section.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.236, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 50, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 580, Sec. 10, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1067, Sec. 20, eff. Sept. 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 26, eff. June 15, 2007.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0923, eff. April 2, 2015.|
TX Health & Safety Code § 401.381 (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 J. Enforcement|Section 401.381. General Civil Penalties

Sec. 401.381.  GENERAL CIVIL PENALTIES.  (a)  A person who causes, suffers, allows, or permits a violation of this chapter, a department rule or order, or a license or registration condition is subject to a civil penalty of not less than $100 or more than $25,000 for each violation and for each day that a continuing violation occurs.(b)  The attorney general may file suit to recover a civil penalty under this section in a district court in Travis County or in the county in which the violation occurred.  If the attorney general seeks to recover civil penalties for violations that have occurred in more than one county, the attorney general may join all of the violations in one suit and may file the suit either in a district court in Travis County or in a district court in a county in which at least one of the violations occurred.(c)  The civil penalty provided by this section is cumulative of any other remedy provided by law.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.237, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 51, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1009, Sec. 5, eff. Sept. 1, 2001.|
TX Health & Safety Code § 401.382 (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 J. Enforcement|Section 401.382. General Criminal Penalty

Sec. 401.382.  GENERAL CRIMINAL PENALTY.  (a)  A person commits an offense if the person intentionally or knowingly violates a provision of this chapter other than the offense described by Section 401.383.(b)  An offense under this section is a Class B misdemeanor, unless it is shown on the trial of the person that the person has been previously convicted of an offense under this section, in which event the offense is a Class A misdemeanor.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 401.383 (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 J. Enforcement|Section 401.383. Criminal Penalty for Certain Acts Related to Low-Level Radioactive Waste

Sec. 401.383.  CRIMINAL PENALTY FOR CERTAIN ACTS RELATED TO LOW-LEVEL RADIOACTIVE WASTE.  (a)  A person commits an offense if the person intentionally or knowingly receives, processes, concentrates, stores, transports, or disposes of low-level radioactive waste without a license issued under this chapter.(b)  An offense under this section is a Class A misdemeanor, unless it is shown at the trial of the person that the person has been previously convicted of an offense under this section, in which event the offense is punishable by a fine of not less than $2,000 or more than $100,000, confinement in the county jail for not more than one year, or both.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1367, Sec. 37, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 10.003, eff. Sept. 1, 2001.|
TX Health & Safety Code § 401.384 (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 J. Enforcement|Section 401.384. Administrative Penalty

Sec. 401.384.  ADMINISTRATIVE PENALTY.  (a)  The department may assess an administrative penalty as provided by this section and Sections 401.385-401.390 against a person who causes, suffers, allows, or permits a violation of a provision of this chapter relating to an activity under the department's jurisdiction, a rule adopted by the executive commissioner under this chapter, an order issued by the department under this chapter, or a condition of a license or registration issued by the department under this chapter.(b)  The penalty for each violation may not exceed $10,000 a day for a person who violates this chapter or a rule, order, license, or registration issued under this chapter.  Each day a violation continues may be considered a separate violation.(c)  In determining the amount of the penalty, the department shall consider:(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the prohibited acts and the hazard or potential hazard created to the public health or safety;(2)  the history of previous violations;(3)  the amount necessary to deter future violations;(4)  efforts to correct the violation;  and(5)  any other matters that justice requires.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.238, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 52, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1009, Sec. 6, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0924, eff. April 2, 2015.|
TX Health & Safety Code § 401.385 (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 J. Enforcement|Section 401.385. Preliminary Report of Violation

Sec. 401.385.  PRELIMINARY REPORT OF VIOLATION.  If the department, after an investigation, concludes that a violation relating to an activity under its jurisdiction has occurred, the department may issue a preliminary report:(1)  stating the facts that support the conclusion;(2)  recommending that an administrative penalty under Section 401.384 be imposed;  and(3)  recommending the amount of the penalty, which shall be based on the seriousness of the violation as determined from the facts surrounding the violation.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.239, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 53, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1009, Sec. 7, eff. Sept. 1, 2001.|
TX Health & Safety Code § 401.386 (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 J. Enforcement|Section 401.386. Notice of Preliminary Report

Sec. 401.386.  NOTICE OF PRELIMINARY REPORT.  (a)  The department shall give written notice of its preliminary report to the person charged with the violation not later than the 10th day after the date on which the report is issued.(b)  The notice must include:(1)  a brief summary of the charges; (2)  a statement of the recommended penalty amount;  and(3)  a statement of the right of the person charged to a hearing on the occurrence of the violation, the amount of the penalty, or both.(c)  Not later than the 20th day after the date on which the notice is sent, the person charged may consent in writing to the report, including the recommended penalty, or make a written request for a hearing.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.240, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 54, eff. Sept. 1, 1997.|