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 G. Special Provisions Concerning By-Product Material › Section 401.264. Notice and Hearing

Sec. 401.264.  NOTICE AND HEARING.  (a)  The commission on its own motion may or on the written request of a person affected shall provide an opportunity for a public hearing on an application over which the commission has jurisdiction to determine whether to issue, renew, or amend a license to process materials that produce by-product materials or a license to dispose of by-product materials in the manner provided by Chapter 2001, Government Code, and permit appearances with or without counsel and the examination and cross-examination of witnesses under oath.
(b)  A person affected may become a party to a proceeding on a determination that the person possesses a justiciable interest in the result of the proceeding.
(c)  The commission shall make a record of the proceedings and provide a transcript of the hearing on request of, and payment for, the transcript or provision of a sufficient deposit to assure payment by any person requesting the transcript.
(d)  The commission shall provide an opportunity to obtain a written determination of action to be taken.  The determination must be based on evidence presented to the commission and include findings.  The written determination is available to the public.
(e)  The determination is subject to judicial review in a district court of Travis County.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 992, Sec. 1, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1338, Sec. 7, eff. June 20, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 16, eff. June 15, 2007.
Sec. 401.265.  CONDITIONS OF CERTAIN BY-PRODUCT MATERIAL LICENSES.  The commission shall prescribe conditions in a radioactive substances license issued, renewed, or amended for an activity that results in production of by-product material to minimize or, if possible, eliminate the need for long-term maintenance and monitoring before the termination of the license, including conditions that:
(1)  the license holder will comply with the applicable decontamination, decommissioning, reclamation, and disposal standards that are prescribed by the commission and that are compatible with the federal commission's standards for sites at which those ores were processed and at which the by-product material is deposited; and
(2)  the ownership of a disposal site, other than a disposal well covered by a permit issued under Chapter 27, Water Code, and the by-product material resulting from the licensed activity are transferred, subject to Sections 401.266-401.269, to:
(A)  the state; or
(B)  the federal government if the state declines to acquire the site, the by-product material, or both the site and the by-product material.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 992, Sec. 1, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1338, Sec. 8, eff. June 20, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 17, eff. June 15, 2007.