reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 395 - Governmental Alternative Fuel Fleet Grant Program › Section 395.004. Motor Vehicle Requirements

Sec. 395.004.  MOTOR VEHICLE REQUIREMENTS.  (a)  A grant recipient may purchase or lease with money from a grant under the program a new motor vehicle that is originally manufactured to operate using one or more alternative fuels or is converted to operate using one or more alternative fuels before the first retail sale of the vehicle, and that:
(1)  has a dedicated system, dual-fuel system, or bi-fuel system; and
(2)  if the motor vehicle is a fully electric motor vehicle or plug-in hybrid motor vehicle, has a United States Environmental Protection Agency rating of at least 75 miles per gallon equivalent or a 75-mile combined city and highway range.
(b)  A grant recipient may not use money from a grant under the program to replace a motor vehicle, transit bus, or school bus that operates on an alternative fuel unless the replacement vehicle produces fewer emissions and has greater fuel efficiency than the vehicle being replaced.
Added by Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(r-1), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 395 - Governmental Alternative Fuel Fleet Grant Program › Section 395.005. Refueling Infrastructure, Equipment, and Services

Sec. 395.005.  REFUELING INFRASTRUCTURE, EQUIPMENT, AND SERVICES.  A grant recipient may purchase, lease, or install refueling infrastructure or equipment or procure refueling services with money from a grant under the program if:
(1)  the purchase, lease, installation, or procurement is made in conjunction with the purchase or lease of a motor vehicle as described by Section 395.004 or the conversion of a motor vehicle to operate primarily on an alternative fuel;
(2)  the grant recipient demonstrates that a refueling station that meets the needs of the recipient is not available within five miles of the location at which the recipient's vehicles are stored or primarily used; and
(3)  for the purchase or installation of refueling infrastructure or equipment, the infrastructure or equipment will be owned and operated by the grant recipient, and for the lease of refueling infrastructure or equipment or the procurement of refueling services, a third-party service provider engaged by the grant recipient will provide the infrastructure, equipment, or services.
Added by Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(r-1), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 395 - Governmental Alternative Fuel Fleet Grant Program › Section 395.006. Eligible Costs

Sec. 395.006.  ELIGIBLE COSTS.  (a)  A motor vehicle lease agreement paid for with money from a grant under the program must have a term of at least three years.
(b)  Refueling infrastructure or equipment purchased or installed with money from a grant under the program must be used specifically to store or dispense alternative fuel, as determined by the commission.
(c)  A lease of or service agreement for refueling infrastructure, equipment, or services paid for with money from a grant under the program must have a term of at least three years.
Added by Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(r-1), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 395 - Governmental Alternative Fuel Fleet Grant Program › Section 395.007. Grant Amounts

Sec. 395.007.  GRANT AMOUNTS.  (a)  The commission may establish standardized grant amounts based on the incremental costs associated with the purchase or lease of different categories of motor vehicles, including the type of fuel used, vehicle class, and other categories the commission considers appropriate.
(b)  In determining the incremental costs and setting the standardized grant amounts, the commission may consider the difference in cost between a new motor vehicle operated using conventional gasoline or diesel fuel and a new motor vehicle operated using alternative fuel.
(c)  The amount of a grant for the purchase or lease of a motor vehicle may not exceed the amount of the incremental cost of the purchase or lease.
(d)  The commission may establish grant amounts to reimburse the full cost of the purchase, lease, installation, or procurement of refueling infrastructure, equipment, or services or may establish criteria for reimbursing a percentage of the cost.
(e)  A grant under the program may be combined with funding from other sources, including other grant programs, except that a grant may not be combined with other funding or grants from the Texas emissions reduction plan.  When combined with other funding sources, a grant may not exceed the total cost to the grant recipient.
(f)  In providing a grant for the lease of a motor vehicle under this chapter, the commission shall establish criteria:
(1)  to offset incremental costs through an up-front payment to lower the cost basis of the lease; or
(2)  if determined appropriate by the commission, to provide for reimbursement of lease payments over no more than the period of availability of the contracted funds under applicable state law and regulation, which may be less than the required three-year lease term.
(g)  In providing a grant for the lease of refueling infrastructure, equipment, or services, the commission shall establish criteria:
(1)  to offset incremental costs through an up-front payment to lower the cost basis of the lease; or
(2)  if determined appropriate by the commission, to provide for reimbursement of lease payments over no more than the period of availability of the contracted funds under applicable state law and regulation, which may be less than the required three-year lease term.
(h)  Notwithstanding Subsection (d), the commission is not obligated to fund the full cost of the purchase, lease, installation, or procurement of refueling infrastructure, equipment, or services if those costs cannot be incurred and reimbursed over the period of availability of the funds under applicable state law and regulation.
Added by Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(r-1), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 395 - Governmental Alternative Fuel Fleet Grant Program › Section 395.008. Availability of Emissions Reduction Credits

Sec. 395.008.  AVAILABILITY OF EMISSIONS REDUCTION CREDITS.  (a)  A project that is funded from a grant under the program and that would generate marketable emissions reduction credits under a state or federal emissions reduction credit averaging, banking, or trading program is not eligible for funding under the program unless:
(1)  the project includes the transfer of the credits, or the reductions that would otherwise be marketable credits, to the commission and, if applicable, the state implementation plan; and
(2)  the credits or reductions, as applicable, are permanently retired.
(b)  An emissions reduction generated by a purchase or lease under this chapter may be used to demonstrate conformity with the state implementation plan.
Added by Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(r-1), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 395 - Governmental Alternative Fuel Fleet Grant Program › Section 395.009. Use of Grant Money

Sec. 395.009.  USE OF GRANT MONEY.  A grant recipient when using money from a grant under the program shall prioritize:
(1)  the purchase or lease of new motor vehicles, including new motor vehicles that are converted to operate on an alternative fuel, when replacing vehicles or adding vehicles to the fleet;
(2)  the purchase of new motor vehicles, including new motor vehicles that are converted to operate on an alternative fuel, to replace vehicles that have the highest total mileage and do not use an alternative fuel; and
(3)  to the extent feasible, obtaining, whether by purchase, purchase and conversion, or lease, motor vehicles that use compressed natural gas, liquefied natural gas, or liquefied petroleum gas.
Added by Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(r-1), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 395 - Governmental Alternative Fuel Fleet Grant Program › Section 395.010. Grant Procedures and Criteria

Sec. 395.010.  GRANT PROCEDURES AND CRITERIA.  (a)  The commission shall establish specific criteria and procedures in order to implement and administer the program, including the creation and provision of application forms and guidance on the application process.
(b)  The commission shall award a grant through a contract between the commission and the grant recipient.
(c)  The commission shall provide an online application process for the submission of all required application documents.
(d)  The commission may limit funding for a particular period according to priorities established by the commission, including limiting the availability of grants to specific entities, for certain types of vehicles and infrastructure, or to certain geographic areas to ensure equitable distribution of grant funds across the state.
(e)  In awarding grants under the program, the commission shall prioritize projects in the following order:
(1)  projects that are proposed by a state agency;
(2)  projects that are in or near a nonattainment area;
(3)  projects that are in an affected county, as that term is defined by Section 386.001; and
(4)  projects that will produce the greatest emissions reductions.
(f)  In addition to the requirements under Subsection (e), in awarding grants under the program, the commission shall consider:
(1)  the total amount of the emissions reduction that would be achieved from the project;
(2)  the type and number of vehicles purchased or leased;
(3)  the location of the fleet and the refueling infrastructure or equipment;
(4)  the number of vehicles served and the rate at which vehicles are served by the refueling infrastructure or equipment;
(5)  the amount of any matching funds committed by the applicant; and
(6)  the schedule for project completion.
(g)  The commission may not award more than 10 percent of the total amount awarded under the program in any fiscal year for purchasing, leasing, installing, or procuring refueling infrastructure, equipment, or services.
Added by Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(r-1), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 395 - Governmental Alternative Fuel Fleet Grant Program › Section 395.011. Funding

Sec. 395.011.  FUNDING.  The legislature may appropriate money to the commission from the Texas emissions reduction plan account established under Section 386.251 to administer the program.
Added by Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(r-1), eff. August 30, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1301 (H.B. 3745), Sec. 1.08, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 395 - Governmental Alternative Fuel Fleet Grant Program › Section 395.012. Administrative Costs

Sec. 395.012.  ADMINISTRATIVE COSTS.  In each fiscal year, the commission may use up to 1.5 percent of the total amount of money allocated to the program in that fiscal year, but not more than $1 million, for the administrative costs of the program.
Added by Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(r-1), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 395 - Governmental Alternative Fuel Fleet Grant Program › Section 395.013. Rules

Sec. 395.013.  RULES.  The commission may adopt rules as necessary to implement this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(r-1), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 395 - Governmental Alternative Fuel Fleet Grant Program › Section 395.014. Report Required

Sec. 395.014.  REPORT REQUIRED.  On or before November 1 of each even-numbered year, the commission shall submit to the governor, lieutenant governor, and members of the legislature a report that includes the following information regarding awards made under the program during the preceding state fiscal biennium:
(1)  the number of grants awarded under the program;
(2)  the recipient of each grant awarded;
(3)  the number of vehicles replaced;
(4)  the number, type, and location of any refueling infrastructure, equipment, or services funded under the program;
(5)  the total emissions reductions achieved under the program; and
(6)  any other information the commission considers relevant.
Added by Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(r-1), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 395 - Governmental Alternative Fuel Fleet Grant Program › Section 395.015. Expiration

Sec. 395.015.  EXPIRATION.  This chapter expires on the last day of the state fiscal biennium during which the commission publishes in the Texas Register the notice required by Section 382.037.
Added by Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(r-1), eff. August 30, 2017.
2023 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 A. General Provisions › Section 401.0005. Short Title

Sec. 401.0005.  SHORT TITLE.  This chapter may be cited as the Texas Radiation Control Act.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 142, eff. Sept. 1, 1991.
2023 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 A. General Provisions › Section 401.001. Policy

Sec. 401.001.  POLICY.  In furtherance of the state's responsibility to protect occupational and public health and safety and the environment, it is the policy of the state to institute and maintain:
(1)  a regulatory program for sources of radiation that provides for:
(A)  compatibility with federal standards and regulatory programs;
(B)  a single, effective regulatory system in the state;  and
(C)  a regulatory system that is to the degree possible compatible with other states' systems;  and
(2)  a program that permits development and use of sources of radiation for peaceful purposes consistent with public health and safety and environmental protection.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 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 A. General Provisions › Section 401.002. Purpose

Sec. 401.002.  PURPOSE.  It is the purpose of this chapter to carry out the policies stated in Section 401.001 by providing a program to:
(1)  ensure effective regulation of sources of radiation for protection of the occupational and public health and safety and the environment;
(2)  promote an orderly regulatory pattern in the state, among the states, and between the federal government and the state, and facilitate intergovernmental cooperation with respect to use and regulation of sources of radiation to minimize regulatory duplication;
(3)  establish procedures for assumption and performance of certain regulatory responsibilities with respect to sources of radiation;  and
(4)  permit maximum use of sources of radiation consistent with public health and safety and environmental protection.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 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 A. General Provisions › Section 401.004. Low-Level Radioactive Waste Defined

Sec. 401.004.  LOW-LEVEL RADIOACTIVE WASTE DEFINED.  (a)  Except as provided by Subsection (b), "low-level radioactive waste" means radioactive material that:
(1)  is discarded or unwanted and is not exempt by department rule adopted under Section 401.106;
(2)  is waste, as that term is defined by 10 C.F.R. Section 61.2; and
(3)  is subject to:
(A)  concentration limits established under 10 C.F.R. Section 61.55, or compatible rules established by the executive commissioner or commission, as applicable; and
(B)  disposal criteria established under Title 10, Code of Federal Regulations, or established by the department or commission, as applicable.
(b)  "Low-level radioactive waste" does not include:
(1)  high-level radioactive waste as defined by 10 C.F.R. Section 60.2;
(2)  spent nuclear fuel as defined by 10 C.F.R. Section 72.3;
(3)  by-product material described by Section 401.003(3)(B);
(4)  naturally occurring radioactive material waste that is not oil and gas NORM waste;  or
(5)  oil and gas NORM waste.
Added by Acts 1999, 76th Leg., ch. 1367, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0900, eff. April 2, 2015.
2023 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 A. General Provisions › Section 401.005. Code of Federal Regulations References

Sec. 401.005.  CODE OF FEDERAL REGULATIONS REFERENCES.  A reference in this chapter to the "C.F.R." or the "Code of Federal Regulations" means the Code of Federal Regulations as it existed on September 1, 1999.
Added by Acts 1999, 76th Leg., ch. 1367, Sec. 2, eff. Sept. 1, 1999.
2023 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 B. Administrative Provisions › Section 401.011. Radiation Control Agency

Sec. 401.011.  RADIATION CONTROL AGENCY.  (a)  The department is the Texas Radiation Control Agency.  The department has jurisdiction over activities and substances regulated under this chapter except as provided by Subsection (b) and Subchapters E, F, G, and K.
(b)  The commission has jurisdiction to regulate and license:
(1)  the disposal of radioactive substances;
(2)  the processing or storage of low-level radioactive waste or naturally occurring radioactive material waste received from other persons, except oil and gas NORM;
(3)  the recovery or processing of source material in accordance with Subchapter G;
(4)  the processing of by-product material as defined by Section 401.003(3)(B); and
(5)  sites for the disposal of:
(A)  low-level radioactive waste;
(B)  by-product material; or
(C)  naturally occurring radioactive material waste.
(c)  The department and commission each shall exercise its respective powers and duties under this chapter for the protection of the occupational health and safety and the environment.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.209, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1338, Sec. 2, eff. June 20, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 2, eff. June 15, 2007.
2023 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 B. Administrative Provisions › Section 401.012. Designation of Director

Sec. 401.012.  DESIGNATION OF DIRECTOR.  The commissioner shall designate the director of the radiation control program under the department's jurisdiction.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.209, eff. Sept. 1, 1995.
2023 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 B. Administrative Provisions › Section 401.013. Duties of Director

Sec. 401.013.  DUTIES OF DIRECTOR.  The director or the director's designee shall perform the department's functions under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 143, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 448, Sec. 1, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.209, eff. Sept. 1, 1995.
2023 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 B. Administrative Provisions › Section 401.014. Employees

Sec. 401.014.  EMPLOYEES.  The department and commission each within its jurisdiction may employ, compensate, and prescribe the powers and duties of persons as necessary to carry out this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.209, eff. Sept. 1, 1995.
2023 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 B. Administrative Provisions › Section 401.0151. Training for Advisory Board Members

Sec. 401.0151.  TRAINING FOR ADVISORY BOARD MEMBERS.  (a)  A person who is appointed to and qualifies for office as a member of the advisory board may not vote, deliberate, or be counted as a member in attendance at a meeting of the advisory board until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the legislation that created the advisory board;
(2)  the role and functions of the advisory board;
(3)  the rules of the advisory board and applicable rules of the department, with an emphasis on the rules that relate to disciplinary and investigatory authority;
(4)  the requirements of:
(A)  the open meetings law, Chapter 551, Government Code;
(B)  the public information law, Chapter 552, Government Code;
(C)  the administrative procedure law, Chapter 2001, Government Code;  and
(D)  other laws relating to public officials, including conflict-of-interest laws;  and
(5)  any applicable ethics policies adopted by the advisory board or the Texas Ethics Commission.
(c)  A person appointed to the advisory board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 9.02, eff. Sept. 1, 1999.
2023 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 B. Administrative Provisions › Section 401.0152. Information About Standards of Conduct

Sec. 401.0152.  INFORMATION ABOUT STANDARDS OF CONDUCT.  The department shall provide to members of the advisory board, as often as necessary, information regarding the requirements for office under this subchapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 9.02, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0902, eff. April 2, 2015.
2023 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 B. Administrative Provisions › Section 401.0153. Grounds for Removal

Sec. 401.0153.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the advisory board that a member:
(1)  does not have at the time of taking office the qualifications required by Section 401.015(a);
(2)  does not maintain during service on the advisory board the qualifications required by Section 401.015(a);
(3)  is ineligible for membership under Section 401.015(c), (d), or (e);
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term;  or
(5)  is absent from more than half of the regularly scheduled advisory board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the advisory board.
(b)  The validity of an action of the advisory board is not affected by the fact that it is taken when a ground for removal of an advisory board member exists.
(c)  If the commissioner has knowledge that a potential ground for removal exists, the commissioner shall notify the advisory board chairman of the potential ground.  The advisory board chairman shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the advisory board chairman, the commissioner shall notify the next highest ranking officer of the advisory board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 9.02, eff. Sept. 1, 1999.
2023 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 B. Administrative Provisions › Section 401.016. Officers

Sec. 401.016.  OFFICERS.  (a)  The governor shall designate a member of the advisory board as the advisory board chairman to serve in that capacity at the will of the governor.
(b)  The advisory board shall elect from its members a vice-chairman and secretary.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1411, Sec. 9.03, eff. Sept. 1, 1999.
2023 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 B. Administrative Provisions › Section 401.017. Salary; Expenses

Sec. 401.017.  SALARY;  EXPENSES.  A member of the advisory board is not entitled to receive a salary for service on the advisory board but may be reimbursed for actual expenses incurred in attending advisory board meetings or for engaging in authorized advisory board business.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 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 B. Administrative Provisions › Section 401.018. Meetings

Sec. 401.018.  MEETINGS.  (a)  The advisory board shall meet quarterly on dates set by the advisory board.
(b)  The advisory board shall hold special meetings that may be called by the advisory board chairman or by five advisory board members.
(c)  Advisory board meetings may be held at any designated place in the state determined by the advisory board chairman to best serve the purpose for which the meeting is called.
(d)  Each member of the advisory board shall be given timely notice of each advisory board meeting.
(e)  A record must be kept of each advisory board meeting.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 554, Sec. 2, eff. Sept. 1, 1997.
2023 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 B. Administrative Provisions › Section 401.0181. Public Testimony

Sec. 401.0181.  PUBLIC TESTIMONY.  The advisory board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the advisory board and to speak on any issue under the jurisdiction of the advisory board.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 9.04, eff. Sept. 1, 1999.
2023 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 B. Administrative Provisions › Section 401.019. Advisory Board Duties

Sec. 401.019.  ADVISORY BOARD DUTIES.  The advisory board shall:
(1)  review and evaluate state radiation policies and programs;
(2)  make recommendations and furnish technical advice to the department, the commission, the Railroad Commission of Texas, and other state agencies that may be required on matters relating to development, use, and regulation of sources of radiation; and
(3)  review proposed rules and guidelines of any state agency relating to regulation of sources of radiation and recommend changes in proposed or existing rules and guidelines relating to those matters.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 553, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 554, Sec. 3, eff. June 2, 1997.
Reenacted and amended by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0903, eff. April 2, 2015.
2023 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 B. Administrative Provisions › Section 401.020. Duty of Agencies With Radiation-Related Programs

Sec. 401.020.  DUTY OF AGENCIES WITH RADIATION-RELATED PROGRAMS.  A state agency shall:
(1)  consider the recommendations and advice of the advisory board that concern the agency's policies or programs related to the development, use, or regulation of a source of radiation;  and
(2)  provide the advisory board a written response to the recommendations or advice.
Added by Acts 1997, 75th Leg., ch. 553, Sec. 2, eff. June 2, 1997.
2023 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 C. Powers and Duties › Section 401.051. Adoption of Rules and Guidelines

Sec. 401.051.  ADOPTION OF RULES AND GUIDELINES.  The executive commissioner and commission each within the jurisdiction of that officer or agency may adopt rules and guidelines relating to control of sources of radiation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.210, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0904, eff. April 2, 2015.
2023 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 C. Powers and Duties › Section 401.0525. Groundwater Protection Standards

Sec. 401.0525.  GROUNDWATER PROTECTION STANDARDS.  (a)  The commission shall adopt and enforce groundwater protection standards compatible with federal standards adopted under the Atomic Energy Act of 1954 (42 U.S.C. Section 2011 et seq.).
(b)  In adopting any standards relating to nonradioactive constituents the commission shall consider the compatibility of those standards with the commission's groundwater protection standards adopted under other programs.
(c)  With the exception of a permit for a facility located at the site of currently or formerly operating nuclear power reactors and currently or formerly operating nuclear research and test reactors operated by a university, the commission may not under the authority given to the agency under Section 301, 304, or 401 of the Clean Water Act (33 U.S.C. Sections 1311, 1314, and 1341) issue a general construction permit or approve a Stormwater Pollution Prevention Plan under Section 26.040, Water Code, or issue a permit under the Texas Pollutant Discharge Elimination System Program under Section 26.027, 26.028, or 26.121, Water Code, for the construction or operation of a facility that is licensed for the storage of high-level radioactive waste by the United States Nuclear Regulatory Commission under 10 C.F.R. Part 72.  Section 401.005 does not apply to this subsection.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 144, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.212, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 2 (H.B. 7), Sec. 2, eff. September 9, 2021.
2023 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 C. Powers and Duties › Section 401.053. Classification System for Low-Level Radioactive Waste

Sec. 401.053.  CLASSIFICATION SYSTEM FOR LOW-LEVEL RADIOACTIVE WASTE.  The department may establish a classification system for low-level radioactive waste that is based on radiological, chemical, and biological characteristics and on physical state so that low-level radioactive waste can be managed safely and compatibly.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1367, Sec. 4, eff. Sept. 1, 1999.
2023 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 C. Powers and Duties › Section 401.054. Notice and Hearing

Sec. 401.054.  NOTICE AND HEARING.  (a)  The department shall provide notice and an opportunity for a hearing on a matter under its jurisdiction as provided by its formal hearing procedures and Chapter 2001, Government Code, on written request of a person affected by any of the following procedures:
(1)  the denial, suspension, or revocation by the department of a license or registration;
(2)  the determination by the department of compliance with or the grant of exemptions from a department rule or order;  or
(3)  the grant or amendment by the department of a specific license.
(b)  This section does not apply to license or registration activities for which other notice and hearing procedures are required by this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), 11.213, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 46, eff. Sept. 1, 1997.
2023 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 C. Powers and Duties › Section 401.055. Orders

Sec. 401.055.  ORDERS.  The department or commission shall issue and modify necessary orders in connection with proceedings conducted by the agency under this chapter on matters under the agency's jurisdiction.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.214, eff. Sept. 1, 1995.
2023 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 C. Powers and Duties › Section 401.056. Emergency Orders

Sec. 401.056.  EMERGENCY ORDERS.  (a)  If the department or commission finds an emergency exists as a result of a matter under its jurisdiction that requires immediate action to protect the public health and safety and the environment, the agency, without notice or hearing, may issue an order stating the existence of the emergency and requiring that action be taken at the agency's direction to meet the emergency.
(b)  The emergency order is effective immediately.
(c)  A person to whom an emergency order is directed shall comply immediately with that order.
(d)  The agency shall provide a person to whom an emergency order is directed an opportunity for a hearing on written application to the agency not later than the 30th day following the date of the emergency order.
(e)  The agency shall hold a requested hearing not earlier than the 11th day and not later than the 20th day following the date of receipt of the hearing application.
(f)  The agency shall continue, modify, or revoke an emergency order based on the hearing.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.215, eff. Sept. 1, 1995.
2023 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 C. Powers and Duties › Section 401.057. Records

Sec. 401.057.  RECORDS.  (a)  The department or commission, within its jurisdiction, shall require each person who possesses or uses a source of radiation to maintain:
(1)  records relating to the use, receipt, storage, transfer, or disposal of that source of radiation;
(2)  appropriate records that show the radiation exposure of each individual for whom personnel monitoring is required by the agency's rules, licenses, registrations, and orders;  and
(3)  other records the agency requires.
(b)  The executive commissioner or commission by rule may provide exemptions to the records requirements under Subsections (a)(1) and (3).
(c)  Copies of records required to be maintained under Subsection (a) shall be submitted to the agency on request.
(d)  A person who possesses or uses a source of radiation shall furnish to each employee for whom personnel monitoring is required a copy of the employee's personal exposure record at any time the employee has received exposure that exceeds the maximum permissible levels provided by the agency's rules and on termination of employment.  The person shall furnish to an employee on request a copy of the employee's annual exposure record.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.216, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0906, eff. April 2, 2015.
2023 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 C. Powers and Duties › Section 401.058. Information

Sec. 401.058.  INFORMATION.  (a)  The department shall collect and disseminate information relating to the transportation of sources of radiation.  The department and the commission each within its jurisdiction shall collect and disseminate information relating to the control of sources of radiation.
(b)  The department and commission each, as part of the collection and dissemination of information, shall maintain:
(1)  a file of license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations;
(2)  a file of registrants possessing sources of radiation requiring registration under this chapter and any administrative or judicial action relating to those registrants;  and
(3)  a file of pending and adopted rules and guidelines relating to regulation of sources of radiation and proceedings relating to those rules and guidelines.
(c)  The commission, as part of the collection and dissemination of information, shall maintain a file of:
(1)  known locations in this state at which radioactive material has been disposed of and at which soil and facilities are contaminated;  and
(2)  information on inspection reports relating to the radioactive material disposed of and radiation levels at those locations.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.216, eff. Sept. 1, 1995.
2023 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 C. Powers and Duties › Section 401.059. Program Development

Sec. 401.059.  PROGRAM DEVELOPMENT.  (a)  The department shall develop programs to evaluate hazards associated with the use of sources of radiation.
(b)  The department and commission shall develop programs within their respective jurisdictions with due regard for compatibility with federal programs for the regulation of sources of radiation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.217, eff. Sept. 1, 1995.
2023 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 C. Powers and Duties › Section 401.060. Studies, Investigations, Etc

Sec. 401.060.  STUDIES, INVESTIGATIONS, ETC.  The department and commission each within its jurisdiction shall encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to the control of sources of radiation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.218, eff. Sept. 1, 1995.
2023 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 C. Powers and Duties › Section 401.061. Low-Level Radioactive Waste Studies

Sec. 401.061.  LOW-LEVEL RADIOACTIVE WASTE STUDIES.  The department and commission each within its jurisdiction shall conduct studies of the need for low-level radioactive waste processing and disposal facilities and technologies as the agency considers necessary for minimizing the risks to the public and the environment from low-level radioactive waste management.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.218, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1367, Sec. 4, eff. Sept. 1, 1999.
2023 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 C. Powers and Duties › Section 401.062. Training Programs

Sec. 401.062.  TRAINING PROGRAMS.  (a)  The department and commission each may institute training programs to qualify their personnel to carry out this chapter.
(b)  The department and commission each may make those personnel available to participate in a program of the federal government, another state, or an interstate agency to carry out this chapter's purposes.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.218, eff. Sept. 1, 1995.
2023 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 C. Powers and Duties › Section 401.063. General Inspection Authority

Sec. 401.063.  GENERAL INSPECTION AUTHORITY.  (a)  The department or commission or the agency's representative may enter public or private property at reasonable times to determine whether, in a matter under the agency's jurisdiction, there is compliance with this chapter and the agency's rules, licenses, registrations, and orders under this chapter.
(b)  The department or commission or the agency's representative may enter an area under the jurisdiction of the federal government only with the concurrence of the federal government or its designated representative.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.218, eff. Sept. 1, 1995.
2023 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 C. Powers and Duties › Section 401.064. Inspection of X-Ray Equipment

Sec. 401.064.  INSPECTION OF X-RAY EQUIPMENT.  (a)  The executive commissioner shall adopt rules relating to the frequency of department inspections of electronic products.
(b)  In adopting the rules, the executive commissioner shall consider the threat to human health and safety that the electronic products may present.
(c)  The executive commissioner shall adopt an inspection interval of five years for routine inspections of electronic products that present a minimal threat to human health and safety.
(d)  The executive commissioner by rule shall require a person who inspects medical, podiatric medical, dental, veterinary, or chiropractic electronic products to have special training in the design and uses of the products.
(e)  The department shall conduct inspections of medical, podiatric medical, dental, veterinary, and chiropractic electronic products in a manner designed to cause as little disruption of a medical, podiatric medical, dental, veterinary, or chiropractic practice as is practicable.
(f)  In adopting rules under this section relating to the inspection of medical, podiatric medical, dental, veterinary, and chiropractic electronic products, the executive commissioner shall solicit and follow the recommendations of the State Board of Dental Examiners for the inspections of dental electronic products, the Texas Department of Licensing and Regulation for the inspection of podiatric medical electronic products, the Texas Medical Board for the inspection of medical electronic products, the State Board of Veterinary Medical Examiners for the inspection of medical electronic products used in the practice of veterinary medicine, and the Texas Board of Chiropractic Examiners for the inspection of chiropractic electronic products, unless in conflict with federal statutes or federal rules.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 207, Sec. 1, eff. May 19, 1993;  Acts 1995, 74th Leg., ch. 965, Sec. 80, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0907, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 19.008, eff. September 1, 2019.
2023 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 C. Powers and Duties › Section 401.065. Inspection Agreements

Sec. 401.065.  INSPECTION AGREEMENTS.  The department or commission, in matters under its jurisdiction, with the approval of the governor, may enter into an agreement with the federal government, another state, or an interstate agency under which the state, in cooperation with the other parties to the agreement, performs inspections or other functions relating to the control of sources of radiation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.219, eff. Sept. 1, 1995.