reglab/statecodes huggingface dataset:
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 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.
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 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.
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 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.
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 J. Enforcement › Section 401.387. Consent to Penalty

Sec. 401.387.  CONSENT TO PENALTY.  (a)  If the person charged with the violation consents to the penalty recommended by the department or does not respond to the notice on time, the department by order shall assess that penalty or order a hearing to be held on the findings and recommendations in the report.
(b)  If the department assesses the recommended penalty, the department shall give written notice to the person charged of the decision and that person must pay the penalty.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.241, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 55, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0925, 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 J. Enforcement › Section 401.388. Hearing and Decision

Sec. 401.388.  HEARING AND DECISION.  (a)  If the person charged requests a hearing, the department shall refer the matter to the State Office of Administrative Hearings and shall give notice of a hearing to be held by that office.
(b)  The hearing shall be held by an administrative law judge of the State Office of Administrative Hearings.
(c)  The administrative law judge shall make findings of fact and promptly issue to the department a written proposal for decision as to the occurrence of the violation and a recommendation of the amount of the proposed penalty if a penalty is warranted.
(d)  Based on the findings of fact and the recommendations of the administrative law judge, the department by order may find that a violation has occurred and assess an administrative penalty or may find that no violation occurred.
(e)  All proceedings under Subsections (a)-(d) are subject to Chapter 2001, Government Code.
(f)  The department shall give notice to the person charged of the department's decision, and if the department finds that a violation has occurred and an administrative penalty has been assessed, the department shall give to the person charged written notice of:
(1)  the department's findings;
(2)  the amount of the penalty; and
(3)  the person's right to judicial review of the department's order.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), 11.241, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 56, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1009, Sec. 8, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0926, 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 J. Enforcement › Section 401.389. Disposition of Penalty; Judicial Review

Sec. 401.389.  DISPOSITION OF PENALTY;  JUDICIAL REVIEW.  (a)  Not later than the 30th day after the date on which the department's order is final, the person charged with the penalty shall pay the full amount of the penalty or file a petition for judicial review.
(b)  If the person seeks judicial review of the violation, the amount of the penalty, or both, the person, within the time provided by Subsection (a), shall:
(1)  stay enforcement of the penalty by:
(A)  paying the penalty to the court for placement in an escrow account; or
(B)  posting with the court a supersedeas bond in a form approved by the court for the amount of the penalty; or
(2)  request that the department stay enforcement of the penalty by:
(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and
(B)  sending a copy of the affidavit to the department.
(b-1)  If the department receives a copy of an affidavit under Subsection (b)(2), the department may file with the court, within five days after the date the copy is received, a contest to the affidavit.  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true.  The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty or to give a supersedeas bond.
(c)  The department may request enforcement by the attorney general if the person charged fails to comply with this section.
(d)  Judicial review of the order or decision of the department assessing the penalty shall be under Subchapter G, 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(53), 11.241, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 57, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0927, 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 J. Enforcement › Section 401.390. Remitting Penalty Payments; Releasing Bonds

Sec. 401.390.  REMITTING PENALTY PAYMENTS;  RELEASING BONDS.  (a)  On the date the court's judgment that an administrative penalty against a person should be reduced or not assessed becomes final, the court shall order that:
(1)  the appropriate amount of any penalty payment plus accrued interest be remitted to the person not later than the 30th day after that date; or
(2)  the bond be released, if a supersedeas bond has been posted.
(b)  Accrued interest on amounts remitted by the department shall be paid:
(1)  at a rate equal to the rate charged on loans to depository institutions by the New York Federal Reserve Bank; and
(2)  for the period beginning on the date the penalty is paid to the department under Section 401.389(a) and ending on the date the penalty is remitted.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.241, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 58, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0928, 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 J. Enforcement › Section 401.393. Commission Enforcement

Sec. 401.393.  COMMISSION ENFORCEMENT.  The commission may enforce the provisions of this chapter under the commission's jurisdiction as provided by Chapter 7, Water Code.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 59, 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 K. Licensing Authority of Texas Commission on Environmental Quality and the Railroad Commission of Texas › Section 401.412. Commission Licensing Authority

Sec. 401.412.  COMMISSION LICENSING AUTHORITY.  (a)  Notwithstanding any other provision of this chapter and subject to Sections 401.102 and 401.415, the commission has sole and exclusive authority to directly regulate and to grant, deny, renew, revoke, suspend, amend, or withdraw licenses for the disposal of radioactive substances.
(b)  Notwithstanding any other provision of this chapter, the commission has the sole and exclusive authority to grant, deny, renew, revoke, suspend, amend, or withdraw licenses for the recovery and processing of source material or disposal of by-product material under Subchapter G.
(c)  The commission may adopt any rules and guidelines reasonably necessary to exercise its authority under this section.  In adopting rules and guidelines, the commission shall consider the compatibility of those rules and guidelines with federal regulatory programs and the rules and guidelines of the executive commissioner.
(d)  The commission may assess and collect an annual fee for each license and registration and for each application in an amount sufficient to recover its reasonable costs to administer its authority under this chapter.
(e)  The commission may set and collect an annual fee from the operator of each nuclear reactor or other fixed nuclear facilities in the state that uses special nuclear material.  The amount of the fees collected may not exceed the actual expenses that arise from emergency response activities, including training.
(f)  The commission shall establish by rule the amounts appropriate for the fees collected under this section.  The fees collected under this section shall be deposited in the waste management account and reappropriated for use by the commission for expenses incurred by the commission in administering the provisions of this chapter.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.050, eff. Aug. 12, 1991.  Amended by Acts 1993, 73rd Leg., ch. 992, Sec. 2, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.243, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 333, Sec. 75, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1338, Sec. 13, eff. June 20, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 28, eff. June 15, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0929, 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 K. Licensing Authority of Texas Commission on Environmental Quality and the Railroad Commission of Texas › Section 401.413. Commission Disposal License Required

Sec. 401.413.  COMMISSION DISPOSAL LICENSE REQUIRED.  A person required by another section of this chapter to obtain a license for the disposal of a radioactive substance is required to obtain the license from the commission and not from the department.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.050, eff. Aug. 12, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.243, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1338, Sec. 14, eff. June 20, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 29, 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 K. Licensing Authority of Texas Commission on Environmental Quality and the Railroad Commission of Texas › Section 401.414. Memoranda of Understanding

Sec. 401.414.  MEMORANDA OF UNDERSTANDING.  The Texas Commission on Environmental Quality, the executive commissioner for the Health and Human Services Commission, and the Railroad Commission of Texas by rule shall adopt memoranda of understanding defining their respective duties under this chapter.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.050, eff. Aug. 12, 1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 30, eff. June 15, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0930, 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 K. Licensing Authority of Texas Commission on Environmental Quality and the Railroad Commission of Texas › Section 401.415. Oil and Gas Norm Waste

Sec. 401.415.  OIL AND GAS NORM WASTE.  (a)  Notwithstanding any other provision of this chapter, the Railroad Commission of Texas:
(1)  has sole authority to regulate and issue licenses, permits, and orders for the disposal of oil and gas NORM waste;  and
(2)  may, in order to protect public health and safety and the environment, require the owner or operator of oil and gas equipment used in exploration, production, or disposal to:
(A)  determine whether the equipment contains or is contaminated with oil and gas NORM waste;  and
(B)  identify any equipment determined to contain or be contaminated with oil and gas NORM.
(b)  The Railroad Commission of Texas may adopt any rules reasonably necessary to exercise its authority under this section.
(c)  The Railroad Commission of Texas may enforce this section or any rule, order, license, or permit adopted or issued under this section in the manner and subject to the conditions provided in Title 3 of the Natural Resources Code, including the authority to seek and obtain civil penalties and injunctive relief as provided in that title.
(d)  The Railroad Commission of Texas shall consult with the department and the Texas Natural Resource Conservation Commission as appropriate regarding administration of this section.
(e)  To ensure that the State of Texas retains its Agreement Status with the federal commission, and to ensure that radioactive materials are managed consistently to protect the public health and safety and the environment, the Railroad Commission of Texas shall issue rules on the management of oil and gas NORM waste and in so doing shall consult with the commission and the department regarding protection of the public health and the environment. The rules of the railroad commission shall provide protection for public health, safety, and the environment equivalent to the protection provided by rules applicable to disposal of other NORM wastes having similar properties, quantities, and distribution, although the approved methods and sites for disposing of oil and gas NORM wastes may be different from those approved for other NORM wastes.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.050, eff. Aug. 12, 1991.  Amended by Acts 1993, 73rd Leg., ch. 810, Sec. 2, 3, eff. Aug. 30, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 17.01(29), eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 276, Sec. 1, eff. May 22, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0931, 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 L. Certification of Mammography Systems › Section 401.421. Definitions

Sec. 401.421.  DEFINITIONS.  In this subchapter:
(1)  "Certification" means an authorization for the use of a mammography system.
(2)  "Mammography" means the use of radiation to produce an image of the breast on film, paper, or digital display that may be used to detect the presence of pathological conditions of the breast.
(3)  "Mammography system" includes the following:
(A)  an x-ray unit used as a source of radiation in producing images of breast tissue;
(B)  an imaging system used for the formation of a latent image of breast tissue;
(C)  an imaging processing device for changing a latent image of breast tissue to a visual image that can be used for diagnostic purposes;
(D)  a viewing device used for the visual evaluation of an image of breast tissue if the image is produced in interpreting visual data captured on an image receptor;
(E)  a medical radiological technologist who performs a mammography; and
(F)  a physician who engages in, and who meets the requirements provided by department rule relating to, the reading, evaluation, and interpretation of mammograms.
Added by Acts 1993, 73rd Leg., ch. 138, Sec. 1, eff. Aug. 30, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0932, 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 L. Certification of Mammography Systems › Section 401.422. Certification Required

Sec. 401.422.  CERTIFICATION REQUIRED.  (a)  A person may not perform mammography unless the mammography system used has been issued a certification under this subchapter.
(b)  A certification under Subsection (a) is required in addition to any license, registration, or other requirement under this chapter.
Added by Acts 1993, 73rd Leg., ch. 138, Sec. 1, eff. July 1, 1994.
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 L. Certification of Mammography Systems › Section 401.423. Powers and Duties of Executive Commissioner and Department

Sec. 401.423.  POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT.
(a)  The department shall:
(1)  prescribe application forms for original and renewal certifications; and
(2)   take other action necessary to enforce this subchapter.
(a-1)  The executive commissioner shall adopt rules for the administration of this subchapter.
(b)  The department shall apply under the Mammography Quality Standards Act of 1992 (42 U.S.C. Section 263b) to become an accreditation body and carry out the certification program requirements and to implement the standards established by the United States Secretary of Health under that Act in this state.  If the United States Secretary of Health grants the department's application, the department shall assume those responsibilities.
Added by Acts 1993, 73rd Leg., ch. 138, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1997, 75th Leg., ch. 759, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0933, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0934, 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 L. Certification of Mammography Systems › Section 401.426. Application for Certification

Sec. 401.426.  APPLICATION FOR CERTIFICATION.  (a)  A person who owns, leases, or uses or the agent of a person who owns, leases, or uses a mammography system must file a written application for certification under Section 401.424 on a form prescribed by the department.
(b)  The department may require, at any time after an application is filed, further information from the applicant and conduct inspections necessary to determine whether the application for certification should be granted or denied.
Added by Acts 1993, 73rd Leg., ch. 138, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1997, 75th Leg., ch. 759, Sec. 3, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0936, 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 L. Certification of Mammography Systems › Section 401.427. Certification Renewal; Fees

Sec. 401.427.  CERTIFICATION RENEWAL;  FEES.  (a)  A certification is valid for three years.
(b)  The executive commissioner by rule may adopt a system under which certifications under this subchapter expire on various dates during the year.
(c)  The executive commissioner by rule shall set and the department shall collect an annual fee for certification holders in an amount reasonable and necessary to administer this subchapter.  A certification holder who fails to pay the annual fee before the date set by the executive commissioner shall pay the annual fee and a late fee set by the executive commissioner.  The department may revoke the certification of a certification holder who does not pay the annual fee and late fee before the required date.
(d)  A certification holder may renew the certification by filing an application for renewal and paying the annual fee before the date the certification expires.  If a certification holder fails to renew the certification by the required date, the certification holder may renew the certification on payment of the annual fee and a late fee set by the executive commissioner.  If the certification is not renewed before the 181st day after the date on which the certification expired, the certification holder must apply for an original certification under this subchapter.
(e)  A mammography system may not be used after the expiration date of the certification unless the holder of the expired certification has made a timely and sufficient application for renewal of the certification as provided under Section 2001.054, Government Code, and a final determination of the application by the department has not been made.
Added by Acts 1993, 73rd Leg., ch. 138, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(57), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 759, Sec. 4, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0937, 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 L. Certification of Mammography Systems › Section 401.428. Denial, Suspension, Revocation, or Reinstatement of Certification

Sec. 401.428.  DENIAL, SUSPENSION, REVOCATION, OR REINSTATEMENT OF CERTIFICATION.  (a)  The department may deny, suspend, revoke, or reinstate a certification.
(b)  The executive commissioner shall adopt rules establishing the grounds for denial, suspension, revocation, or reinstatement of a certification and establishing procedures for disciplinary actions.
(c)  Proceedings relating to the suspension or revocation of a certification issued under this subchapter are subject to Chapter 2001, Government Code.
(d)  A person whose certification has been revoked may apply for a new certification on the expiration of one year after the date the certification was revoked.
Added by Acts 1993, 73rd Leg., ch. 138, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0938, 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 L. Certification of Mammography Systems › Section 401.429. Certification for Multiple Mammography Systems

Sec. 401.429.  CERTIFICATION FOR MULTIPLE MAMMOGRAPHY SYSTEMS.  (a)  An applicant for certification under Section 401.426 must obtain a separate certification for each mammography system that is owned, leased, or used by the applicant.
(b)  Certification of multiple mammography systems by a single applicant may be recorded on a single certification document.  If multiple mammography systems are recorded on a single certification document, each specific machine certified, if any, must be identified on the certification document by referring to the machine's manufacturer, model number, and serial number.
Added by Acts 1993, 73rd Leg., ch. 138, Sec. 1, eff. Aug. 30, 1993.
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 M. Laser Hair Removal › Section 401.501. Definitions

Sec. 401.501.  DEFINITIONS.  In this subchapter:
(1)  "Commission" means the Texas Commission of Licensing and Regulation.
(1-a)  "Department" means the Texas Department of Licensing and Regulation.
(2)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(74), eff. April 2, 2015.
(2)  "Executive director" means the executive director of the department.
(3)  "Laser hair removal" means the use of a laser or pulsed light device for nonablative hair removal procedures.
(4)  "Laser hair removal facility" means a business location that provides laser hair removal.
(5)  "Laser or pulsed light device" means a device approved by the department and the United States Food and Drug Administration for laser hair removal.
(6)  "Nonablative hair removal procedure" means a hair removal procedure using a laser or pulsed light device that does not remove the epidermis.
(7)  "Operator" means the owner of a laser hair removal facility, an agent of an owner, or an independent contractor of a laser hair removal facility.
Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(74), eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.225, eff. September 1, 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 M. Laser Hair Removal › Section 401.5011. General Powers and Duties

Sec. 401.5011.  GENERAL POWERS AND DUTIES.  The executive director shall administer and enforce this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.226, eff. September 1, 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 M. Laser Hair Removal › Section 401.502. Examination

Sec. 401.502.  EXAMINATION.  The commission may adopt rules to govern the development and administration of an examination for an applicant under this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.227, eff. September 1, 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 M. Laser Hair Removal › Section 401.503. Application Process

Sec. 401.503.  APPLICATION PROCESS.  (a)  An application for a certificate or license under this subchapter must be submitted in the manner and on a form prescribed by the executive director.
(b)  The application must require an applicant to provide sworn statements relating to the applicant's education and to provide other information required by the commission.
Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.228, eff. September 1, 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 M. Laser Hair Removal › Section 401.504. Certificate for Individuals Required

Sec. 401.504.  CERTIFICATE FOR INDIVIDUALS REQUIRED.  (a)  A person may not perform or attempt to perform laser hair removal unless the person holds the appropriate certificate under this subchapter.
(b)  A certificate issued under this subchapter only authorizes a person to perform nonablative cosmetic laser hair removal.  The certificate does not authorize the person to diagnose, treat, or offer to treat any client for any illness, disease, injury, defect, or deformity of the human body. The certificate holder shall specifically disclose this limitation in writing to all clients and prospective clients.
(c)  This subchapter does not require a health professional licensed under another law to hold a certificate under this subchapter to perform laser hair removal if the performance of laser hair removal is within the scope of that professional's practice as determined by the professional's licensing board.
(d)  This subchapter does not apply to a physician or to a physician's employee or delegate acting under Chapter 157, Occupations Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2010.
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 M. Laser Hair Removal › Section 401.505. Certified Laser Hair Removal Professional

Sec. 401.505.  CERTIFIED LASER HAIR REMOVAL PROFESSIONAL.  (a)  An applicant for a laser hair removal professional certificate must:
(1)  be certified by a recognized certifying agency, including the Society for Clinical and Medical Hair Removal or another certification entity approved by the department;
(2)  meet the requirements for a senior laser hair removal technician certificate under Section 401.506; and
(3)  pass an examination required by the department.
(b)  A certified laser hair removal professional acting under the protocol established with a consulting physician may perform laser hair removal without supervision.
Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.229, eff. September 1, 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 M. Laser Hair Removal › Section 401.506. Senior Laser Hair Removal Technician

Sec. 401.506.  SENIOR LASER HAIR REMOVAL TECHNICIAN.  (a)  Except as provided by Subsection (b), an applicant for a senior laser hair removal technician certificate must:
(1)  meet the requirements for a laser hair removal technician certificate under Section 401.507; and
(2)  have supervised at least 100 laser hair removal procedures, as audited by a certified laser hair removal professional.
(b)  The qualifications for eligibility for an applicant for a senior laser hair removal technician certificate who is a licensed health professional shall be established by the entity that issues licenses for that health profession.
Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009.
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 M. Laser Hair Removal › Section 401.507. Laser Hair Removal Technician

Sec. 401.507.  LASER HAIR REMOVAL TECHNICIAN.  An applicant for a laser hair removal technician certificate must:
(1)  meet the requirements for a laser hair removal apprentice-in-training certificate under Section 401.508; and
(2)  have performed at least 100 laser hair removal procedures under the direct supervision of a senior laser hair removal technician or a certified laser hair removal professional.
Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009.
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 M. Laser Hair Removal › Section 401.508. Laser Hair Removal Apprentice-in-Training

Sec. 401.508.  LASER HAIR REMOVAL APPRENTICE-IN-TRAINING.  (a)  An applicant for a laser hair removal apprentice-in-training certificate must have at least 24 hours of training in safety, laser physics, skin typing, skin reactions, treatment protocols, burns, eye protection, emergencies, and posttreatment protocols.
(b)  A laser hair removal apprentice-in-training must work directly under the supervision of a senior laser hair removal technician or a certified laser hair removal professional.
(c)  A person must be at least 18 years of age to qualify to be a laser hair removal apprentice-in-training.
Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009.
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 M. Laser Hair Removal › Section 401.509. Continuing Education

Sec. 401.509.  CONTINUING EDUCATION.  The commission by rule shall establish continuing education requirements for renewal of a certificate under this subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 3.001, 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 M. Laser Hair Removal › Section 401.510. Facility License Required

Sec. 401.510.  FACILITY LICENSE REQUIRED.  (a)  A person may not operate a laser hair removal facility unless the person holds a license issued under this subchapter to operate the facility.
(b)  A separate license is required for each laser hair removal facility.
(c)  This section does not apply to:
(1)  a facility owned or operated by a physician for the practice of medicine;
(2)  a licensed hospital; or
(3)  a clinic owned or operated by a licensed hospital.
Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2010.
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 M. Laser Hair Removal › Section 401.512. Term of Certificate or License

Sec. 401.512.  TERM OF CERTIFICATE OR LICENSE.  (a)  A certificate or license expires on the second anniversary of the date of issuance and may be renewed.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.297(3), eff. September 1, 2017.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.297(3), eff. September 1, 2017.
Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.230, eff. September 1, 2017.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.231, eff. September 1, 2017.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.297(3), eff. September 1, 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 M. Laser Hair Removal › Section 401.513. Display of License or Certificate

Sec. 401.513.  DISPLAY OF LICENSE OR CERTIFICATE.  A person holding a license or certificate under this subchapter shall display the person's license or certificate in an open public area of the laser hair removal facility.
Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009.
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 M. Laser Hair Removal › Section 401.514. Laser or Pulsed Light Device

Sec. 401.514.  LASER OR PULSED LIGHT DEVICE.  (a)  A laser or pulsed light device used for laser hair removal in a laser hair removal facility must comply with all applicable federal and state laws and regulations.
(b)  A person who adulterates or misbrands a laser or pulsed light device violates Chapter 431.  The department may investigate a person accused of adulterating or misbranding a laser or pulsed light device.
(c)  A person may only use a laser or pulsed light device approved for laser hair removal by the federal Food and Drug Administration for that purpose and may only use the device at the settings expected to safely remove hair.
Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009.
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 M. Laser Hair Removal › Section 401.515. Customer Notice; Liability

Sec. 401.515.  CUSTOMER NOTICE; LIABILITY.  (a)  A laser hair removal facility shall give each customer a written statement outlining the relevant risks associated with laser hair removal, including a warning that failure to use the eye protection provided to the customer by the laser hair removal facility may result in damage to the eyes.
(b)  The commission shall adopt rules relating to the customer notice.
(c)  Compliance with the notice requirement does not affect the liability of the laser hair removal facility operator or a manufacturer of a laser or pulsed light device.
Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.232, eff. September 1, 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 M. Laser Hair Removal › Section 401.516. Warning Signs

Sec. 401.516.  WARNING SIGNS.  (a)  A laser hair removal facility shall post a warning sign as prescribed by the commission in a conspicuous location readily visible to a person entering the facility.  The sign must provide a toll-free telephone number and e-mail address for the department and inform the customer that the customer may contact the department.
(b)  The commission shall adopt rules specifying the size, content, and design of the sign, with wording listing the potential dangers involved.
(c)  The department shall include with a license application and an application for renewal of a license a description of the design standards required for a sign under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.233, eff. September 1, 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 M. Laser Hair Removal › Section 401.517. Operational Requirements

Sec. 401.517.  OPERATIONAL REQUIREMENTS.  (a)  Except as provided by Subsection (b), a laser hair removal facility shall have a certified laser hair removal professional or a licensed health professional described by Section 401.504(c) present to supervise the laser hair removal procedures performed at the facility during the facility's operating hours.
(b)  A laser hair removal facility may continue to perform laser hair removal procedures after the facility's certified laser hair removal professional leaves the facility if a senior laser hair removal technician is present to perform or supervise each procedure.  Not later than the 45th day after the date the facility's certified laser hair removal professional leaves the facility:
(1)  the facility's senior laser hair removal technician must become certified as a laser hair removal professional under Section 401.505; or
(2)  the facility must hire a new certified laser hair removal professional.
Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2010.
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 M. Laser Hair Removal › Section 401.518. Safety

Sec. 401.518.  SAFETY.  (a)  A laser hair removal facility operator is responsible for maintaining the laser hair removal facility's compliance with the requirements of this subchapter and commission rules relating to laser and pulsed light devices.
(b)  A laser hair removal facility operator may not claim, advertise, or distribute promotional materials that claim that laser hair removal is free from risk or provides any medical benefit.
(c)  A laser hair removal facility operator may not produce false or misleading advertising regarding the services offered at the facility.
Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.234, eff. September 1, 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 M. Laser Hair Removal › Section 401.519. Consulting Physician

Sec. 401.519.  CONSULTING PHYSICIAN.  (a)  A laser hair removal facility must have a written contract with a consulting physician to:
(1)  establish proper protocols for the services provided at the facility; and
(2)  audit the laser hair removal facility's protocols and operations.
(b)  Under the rules of the commission, a laser hair removal facility must document with the department the facility's contractual relationship with the consulting physician.
(c)  The consulting physician must be available for emergency consultation with the facility as appropriate to the circumstances, including, if the physician considers it necessary, an emergency appointment with the client.  If the consulting physician is unavailable for an emergency consultation, another designated physician must be available for the consultation with the facility relating to care for the client.
(d)  This subchapter does not relieve a consulting physician or another health care professional from complying with applicable regulations prescribed by a state or federal agency.
Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.235, eff. September 1, 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 M. Laser Hair Removal › Section 401.520. Disclosure of Record Prohibited; Exception

Sec. 401.520.  DISCLOSURE OF RECORD PROHIBITED; EXCEPTION.  (a)  Except as provided by Subsection (b), an operator or other person may not disclose a customer record required to be kept by the department.
(b)  An operator or other person may disclose a customer record if:
(1)  the customer or a person authorized to act on behalf of the customer requests the record;
(2)  the department, the Texas Medical Board, a health authority, or an authorized agent requests the record;
(3)  the customer consents in writing to disclosure of the record to another person;
(4)  the customer is a victim, witness, or defendant in a criminal proceeding and the record is relevant to that proceeding;
(5)  the record is requested in a criminal or civil proceeding by court order or subpoena; or
(6)  disclosure is otherwise required by law.
Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009.