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 C. Powers and Duties › Section 401.066. Surveillance Plans

Sec. 401.066.  SURVEILLANCE PLANS.  The department shall prepare and update emergency and environmental surveillance plans for fixed nuclear facilities in this state.
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 C. Powers and Duties › Section 401.067. Local Government Inspections

Sec. 401.067.  LOCAL GOVERNMENT INSPECTIONS.  (a)  An agent or employee of a local government may examine and copy during regular business hours records relating to activities licensed under Subchapter F.  Examinations and copying of records must be done at the local government's expense and subject to limitations in Chapter 552, Government Code.
(b)  Records copied under this section are public records unless the record's owner shows to the satisfaction of the commission that the records if made public will divulge trade secrets.  On such a showing, the commission shall consider the copied records confidential.
(c)  A local government agent or employee may not enter private property that has management in residence unless the agent or employee notifies the management, or person in charge, of the agent's or employee's presence and exhibits proper credentials.  The agent or employee shall observe the rules of the establishment being inspected relating to safety, internal security, and fire protection.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(88), 11.220, 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 401.068. Impounding Sources of Radiation

Sec. 401.068.  IMPOUNDING SOURCES OF RADIATION.  The department or commission, in an emergency relating to a substance or activity under the agency's jurisdiction, may impound or order impounded sources of radiation that are in the possession of a person who is not equipped to observe or fails to observe this chapter or the agency's rules.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.221, 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 401.069. Memorandum of Understanding

Sec. 401.069.  MEMORANDUM OF UNDERSTANDING.  The executive commissioner or commission must adopt as a rule any memorandum of understanding between the department or commission, as appropriate, and another state agency.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.221, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0908, 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 401.070. Relationship With Other Entities

Sec. 401.070.  RELATIONSHIP WITH OTHER ENTITIES.  The department shall advise, consult, and cooperate, on matters under its jurisdiction, with other state agencies, the federal government, other states, interstate agencies, local governments, and groups concerned with the control and transportation of sources of radiation.  The commission shall advise, consult, and cooperate with those entities on matters under its jurisdiction.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.221, 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 401.071. General Powers of Commission in Relation to Low-Level Radioactive Waste

Sec. 401.071.  GENERAL POWERS OF COMMISSION IN RELATION TO LOW-LEVEL RADIOACTIVE WASTE.  (a)  The commission may:
(1)  conduct, request, and participate in studies, investigations, and research relating to selection, preparation, construction, operation, maintenance, decommissioning, closing, and financing of disposal sites for and disposal of low-level radioactive waste;  and
(2)  advise, consult, and cooperate with the federal government, the state, interstate agencies, local governmental entities in this state, and private entities on matters involving the disposal of low-level radioactive waste.
(b)  In carrying out its duties under this section the commission may:
(1)  apply for, receive, accept, and administer gifts, grants, and other funds available from any source;  and
(2)  contract with the federal government, the state, interstate agencies, local governmental agencies, and private entities.
Added by Acts 2003, 78th Leg., ch. 1067, Sec. 3, eff. Sept. 1, 2003.
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 401.072. Disposal or Storage of High-Level Radioactive Waste

Sec. 401.072.  DISPOSAL OR STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE.  With the exception of storage 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, a person, including the compact waste disposal facility license holder, may not dispose of or store high-level radioactive waste in this state.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 2 (H.B. 7), Sec. 3, 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 D. Licensing and Registration › Section 401.101. License and Registration Requirement

Sec. 401.101.  LICENSE AND REGISTRATION REQUIREMENT.  A person may not use, manufacture, produce, transport, transfer, receive, acquire, own, possess, process, or dispose of a source of radiation unless that person has a license, registration, or exemption from the department or commission as provided by this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.222, 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 D. Licensing and Registration › Section 401.102. Application to Nuclear Reactor Facilities

Sec. 401.102.  APPLICATION TO NUCLEAR REACTOR FACILITIES.  Nuclear reactor facilities licensed by the federal commission are not required to be licensed or registered under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.222, 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 D. Licensing and Registration › Section 401.103. Rules and Guidelines for Licensing and Registration

Sec. 401.103.  RULES AND GUIDELINES FOR LICENSING AND REGISTRATION.  (a)  The executive commissioner shall adopt rules and guidelines that provide for licensing and registration for the transportation of sources of radiation.
(b)  The executive commissioner and commission each within the jurisdiction of that officer or agency shall adopt rules and guidelines that provide for licensing and registration for the control of sources of radiation.
(c)  In adopting rules and guidelines, the executive commissioner and commission shall consider the compatibility of those rules and guidelines with federal regulatory programs.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.222, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0909, 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 D. Licensing and Registration › Section 401.104. Licensing and Registration Rules

Sec. 401.104.  LICENSING AND REGISTRATION RULES.  (a)  Except as provided by Subsections (b) and (e), the executive commissioner by rule shall provide for the general or specific licensing of:
(1)  radioactive material; or
(2)  devices or equipment using radioactive material.
(b)  Except as provided by Subsection (e), the commission by rule shall provide for licensing for the disposal of radioactive substances.
(c)  The executive commissioner or commission shall provide in rules of the appropriate agency for the issuance, amendment, suspension, and revocation of licenses.
(d)  The executive commissioner or commission, within the jurisdiction of that officer or agency, may require the registration or licensing of other sources of radiation.
(e)  The executive commissioner or commission may not require a license for a person that is a party to an order issued under Section 361.188 or 361.272 for sites subject to Subchapter F, Chapter 361, or an agreement entered into under Section 361.606.  This subsection does not exempt the person from complying with technical standards that a holder of a license otherwise required by this chapter for the particular activity is required to meet.  The exemption granted by this subsection applies only to the assessment and remediation of the contamination at the site.
(f)  A separate commercial storage and processing license may be issued for a site also licensed for disposal under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.222, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1338, Sec. 3, eff. June 20, 1997;  Acts 1999, 76th Leg., ch. 1367, Sec. 5, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1067, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 3, eff. June 15, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0910, 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 D. Licensing and Registration › Section 401.105. Recognition of Other Licenses

Sec. 401.105.  RECOGNITION OF OTHER LICENSES.  The executive commissioner or commission, each within the jurisdiction of that officer or agency, by rule may recognize other federal or state licenses the executive commissioner or commission, as appropriate, considers desirable, subject to registration requirements the executive commissioner or commission, as appropriate, may prescribe.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.222, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0911, 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 D. Licensing and Registration › Section 401.106. Exemption From Licensing or Registration Requirements or From Application of Rule

Sec. 401.106.  EXEMPTION FROM LICENSING OR REGISTRATION REQUIREMENTS OR FROM APPLICATION OF RULE.  (a)  The executive commissioner or commission by rule may exempt a source of radiation or a kind of use or user from the licensing or registration requirements provided by this chapter and under the agency's jurisdiction if the executive commissioner or commission finds that the exemption of that source of radiation or kind of use or user will not constitute a significant risk to the public health and safety and the environment.
(b)  The department or commission, as applicable, may exempt a source of radiation or a kind of use or user from the application of a rule adopted by the executive commissioner or commission under this chapter if the department or commission, respectively, determines that the exemption:
(1)  is not prohibited by law; and
(2)  will not result in a significant risk to public health and safety and the environment.
(c)  Notwithstanding any other law, the commission may, on request or its own initiative, authorize on-site disposal of low-level radioactive waste on a specific basis at any site at which low-level radioactive waste disposal operations began before September 1, 1989, if after evaluation of the specific characteristics of the waste, the disposal site, and the method of disposal, the commission finds that the continuation of the disposal activity will not constitute a significant risk to the public health and safety and to the environment.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1367, Sec. 6, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 4, eff. June 15, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0912, 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 D. Licensing and Registration › Section 401.107. License Application

Sec. 401.107.  LICENSE APPLICATION.  (a)  An application for a specific license issued by the department or commission must be in writing and must state the information that the executive commissioner or commission, as appropriate, by rule determines to be necessary to decide the technical, insurance, and financial qualifications or any other of the applicant's qualifications the issuing agency considers reasonable or necessary to protect the occupational and public health and safety and the environment.
(b)  The issuing agency at any time after an application is filed with the agency, and if the application is for a renewal, before the expiration of the license, may require further written statements and may make inspections the agency considers necessary to determine if the license should be granted or denied or if the current license should be modified, suspended, or revoked.
(c)  The applicant or license holder shall sign each license application and each statement, and the agency may require the applicant or license holder to make the application or statement under oath.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.223, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0913, 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 D. Licensing and Registration › Section 401.108. Financial Qualifications

Sec. 401.108.  FINANCIAL QUALIFICATIONS.  (a)  Before a license is issued or renewed by the commission, the applicant shall demonstrate to the commission that the applicant is financially qualified to conduct the licensed activity, including any required decontamination, decommissioning, reclamation, and disposal, by posting security acceptable to the commission.
(b)  A license holder shall submit to the department or commission, as appropriate, at intervals required by department or commission rules or the license, proof that the license holder has updated, as appropriate, the security posted under Subsection (a).
(c)  The commission at regular intervals not to exceed five years shall reevaluate the qualifications and security provided by a license holder under Subchapter F or Subchapter G.  The reevaluation may coincide with license renewal procedures if renewal and reevaluation occur in the same year.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.223, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 1009, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 5, eff. June 15, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0914, 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 D. Licensing and Registration › Section 401.109. Security

Sec. 401.109.  SECURITY.  (a)  The executive commissioner or commission may require a holder of a license issued by the applicable agency to provide security acceptable to the applicable agency to assure performance of the license holder's obligations under this chapter.  The department shall deposit security provided to the department under this section to the credit of the perpetual care account.  The executive commissioner by rule shall provide that any evidence of security must be made payable to the credit of the perpetual care account.  The commission shall deposit security provided to the commission under this section to the credit of the environmental radiation and perpetual care account.  The commission shall provide that security must be made payable to the credit of the environmental radiation and perpetual care account.
(b)  The commission shall require a holder of a license that authorizes the disposal of radioactive substances to provide security acceptable to the commission to assure performance of the license holder's obligations under this chapter.
(c)  The amount and type of security required shall be determined under the agency's rules in accordance with criteria that include:
(1)  the need for and scope of decontamination, decommissioning, reclamation, or disposal activity reasonably required to protect the public health and safety and the environment;
(2)  reasonable estimates of the cost of decontamination, decommissioning, reclamation, and disposal as provided by Section 401.303;  and
(3)  the cost of perpetual maintenance and surveillance, if any.
(d)  In this section "security" includes:
(1)  a cash deposit;
(2)  a surety bond;
(3)  a certificate of deposit;
(4)  an irrevocable letter of credit;
(5)  a deposit of government securities;
(6)  an insurance policy, the form and content of which is acceptable to the agency;  and
(7)  other security acceptable to the agency.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.223, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 580, Sec. 3, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1067, Sec. 5, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 6, eff. June 15, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 1159 (S.B. 347), Sec. 2, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0915, 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 D. Licensing and Registration › Section 401.110. Determination on License

Sec. 401.110.  DETERMINATION ON LICENSE.  (a)  In making a determination whether to grant, deny, amend, renew, revoke, suspend, or restrict a license or registration, the commission may consider an applicant's or license holder's technical competence, financial qualifications, and compliance history under the method for using compliance history developed by the commission under Section 5.754, Water Code.
(b)  In making a determination whether to grant, deny, amend, renew, revoke, suspend, or restrict a license or registration, the department may consider the technical competence, financial qualifications, and compliance history of an applicant, license holder, or registration holder.  After an opportunity for a hearing, the department shall deny an application for a license or registration, license or registration amendment, or license or registration renewal if the applicant's compliance history reveals a recurring pattern of conduct that demonstrates a consistent disregard for the regulatory process through significant violations of this chapter or the department's rules adopted under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.223, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 965, Sec. 16.16, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1009, Sec. 2, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 414, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 4.28, eff. September 1, 2011.
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 D. Licensing and Registration › Section 401.111. Criteria for Certain Unsuitable New Sites

Sec. 401.111.  CRITERIA FOR CERTAIN UNSUITABLE NEW SITES.  (a)  The commission, in adopting rules for the issuance of licenses under the commission's jurisdiction for new sites for processing or disposal of radioactive substances from other persons, shall adopt criteria for the designation of unsuitable sites, including:
(1)  flood hazard areas;
(2)  areas with characteristics of discharge from or recharge of a groundwater aquifer system; or
(3)  areas in which soil conditions make spill cleanup impracticable.
(b)  The commission shall consult with the Texas Water Development Board, the State Soil and Water Conservation Board, the Bureau of Economic Geology, and other appropriate state agencies in developing proposed rules.  The commission by rule shall:
(1)  require selection of sites in areas in which natural conditions minimize potential contamination of surface water and groundwater; and
(2)  prohibit issuance of licenses for unsuitable sites as defined by the rules.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.223, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1367, Sec. 7, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 7, 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 D. Licensing and Registration › Section 401.113. Environmental Analysis

Sec. 401.113.  ENVIRONMENTAL ANALYSIS.  (a)  Before a hearing under Section 401.114 begins, the commission shall prepare or have prepared a written analysis of the effect on the environment of a proposed licensed activity that the commission determines has a significant effect on the human environment.
(b)  The commission shall make the analysis available to the public not later than the 31st day before the date of a hearing under Section 401.114.
(c)  The analysis must include:
(1)  an assessment of radiological and nonradiological effects of the activity on the public health;
(2)  an assessment of any effect on a waterway or groundwater resulting from the activity;
(3)  consideration of alternatives to the activities to be conducted under the license;  and
(4)  consideration of the long-term effects associated with activities, including decommissioning, decontamination, and reclamation impacts, including the management of low-level radioactive waste, to be conducted under the license.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.224, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1367, Sec. 9, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 9, 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 D. Licensing and Registration › Section 401.114. Notice and Hearing

Sec. 401.114.  NOTICE AND HEARING.  (a)  Before the commission grants or renews a license to process or dispose of low-level radioactive waste from other persons, the commission shall give notice and shall provide an opportunity for a public hearing in the manner provided by the commission's formal hearing procedure and Chapter 2001, Government Code.
(b)  In addition to other notice, the commission shall publish notice of the hearing in the manner provided by Chapter 313, Government Code, in the county in which the proposed facility is to be located.  The notice shall state the subject and the time, place, and date of the hearing.
(c)  The commission shall mail, by certified mail in the manner provided by the commission's rules, written notice to each person who owns property adjacent to the proposed site.  The notice must be mailed not later than the 31st day before the date of the hearing and must include the same information that is in the published notice.  If true, the commission or the applicant must certify that the notice was mailed as required by this subsection, and at the hearing the certificate is conclusive evidence of the mailing.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), 11.225, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1367, Sec. 10, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 10, 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 D. Licensing and Registration › Section 401.115. Licenses From Other Agencies

Sec. 401.115.  LICENSES FROM OTHER AGENCIES.  A holder of a license to operate a facility to process or dispose of low-level radioactive waste may not operate the facility until the holder has obtained all other required licenses or permits from other agencies.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1367, Sec. 11, 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 D. Licensing and Registration › Section 401.116. License Amendment

Sec. 401.116.  LICENSE AMENDMENT.  (a)  An amendment to a license to process or dispose of low-level radioactive waste from other persons may take effect immediately.
(b)  The department or commission, as appropriate, shall publish notice of the license amendment once in the Texas Register and in a newspaper of general circulation in the county in which the licensed activity is located and shall give notice to any person who has notified the agency, in advance, of the desire to receive notice of proposed amendment of the license.
(c)  Notice under this section must include:
(1)  the identity of the license holder;
(2)  identification of the license;  and
(3)  a short and plain statement of the license amendment's substance.
(d)  The agency shall give notice and provide for a hearing to be conducted to consider the license amendment if a person affected files a written complaint with the agency before the 31st day after the date on which notice is published under Subsection (b).  The agency shall give notice of the hearing as provided by Section 401.114.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.226, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1367, Sec. 12, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0916, 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 D. Licensing and Registration › Section 401.117. Construction Limitation

Sec. 401.117.  CONSTRUCTION LIMITATION.  The commission shall prohibit major construction relating to activities to be permitted under a license issued by the commission to process or dispose of low-level radioactive waste from other persons until the requirements in Sections 401.113 and 401.114 are completed.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.227, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1367, Sec. 13, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 11, 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 D. Licensing and Registration › Section 401.118. License Form and Content

Sec. 401.118.  LICENSE FORM AND CONTENT.  (a)  The department or commission shall prescribe the form and the terms for each license it issues.
(b)  Each license is subject to amendment, revision, or modification by rule or order.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.228, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0917, 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 D. Licensing and Registration › Section 401.119. License Transfer

Sec. 401.119.  LICENSE TRANSFER.  A license issued by the department or commission may be assigned only to a person qualified under rules of the issuing agency.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.229, 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 E. Management of Low-Level Radioactive Waste › Section 401.151. Compatibility With Federal Standards

Sec. 401.151.  COMPATIBILITY WITH FEDERAL STANDARDS.  The department and commission each shall assure that the management of low-level radioactive waste under their respective jurisdictions is compatible with applicable federal commission standards.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.230, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1367, Sec. 15, 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 E. Management of Low-Level Radioactive Waste › Section 401.152. Corrective Action and Measures

Sec. 401.152.  CORRECTIVE ACTION AND MEASURES.  (a)  If the department or commission, under procedures provided by Section 401.056, finds that low-level radioactive waste under its jurisdiction threatens the public health and safety and the environment and that the license holder managing the low-level radioactive waste is unable to remove the threat, the agency by order may require any action, including a corrective measure, that is necessary to remove the threat.
(b)  The department shall use the security provided by the license holder to pay the costs of actions that are taken or that are to be taken under this section.  The department shall send to the comptroller a copy of its order together with necessary written requests authorizing the comptroller to:
(1)  enforce security supplied by the license holder;
(2)  convert an amount of security into cash, as necessary; and
(3)  disburse from the security in the radiation and perpetual care account the amount necessary to pay the costs.
(c)  The commission shall use the security provided by the license holder to pay the costs of actions taken or to be taken under this section, including costs associated with the Texas Low-Level Radioactive Waste Disposal Compact Commission.  The commission shall send to the comptroller a copy of its order together with necessary written requests authorizing the comptroller to:
(1)  enforce security supplied by the license holder;
(2)  convert an amount of security to cash, as necessary; and
(3)  disburse from the security in the environmental radiation and perpetual care account the amount necessary to pay the costs.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.230, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1367, Sec. 16, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 580, Sec. 4, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1067, Sec. 6, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1159 (S.B. 347), Sec. 3, eff. September 1, 2013.
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 F. Special Provisions Concerning Low-Level Radioactive Waste Disposal › Section 401.2005. Definitions

Sec. 401.2005.  DEFINITIONS.  In this subchapter:
(1)  "Compact" means the Texas Low-Level Radioactive Waste Disposal Compact established under Section 403.006.
(1-a)  "Compact waste" means low-level radioactive waste that:
(A)  is originally generated onsite in a host state or a party state; or
(B)  is not generated in a host state or a party state but has been approved for importation to this state by the compact commission under Section 3.05 of the compact.
(1-b)  "Curie capacity" means the amount of the radioactivity of the waste that may be accepted by the compact waste disposal facility as determined by the commission in the compact waste disposal facility license.
(2)  "Compact waste disposal facility" means the low-level radioactive waste disposal facility licensed by the commission under this subchapter for the disposal of compact waste.
(3)  "Disposal facility site" means the tract of land on which is located the compact waste disposal facility and the federal facility waste disposal facility, if applicable.  The term includes the immediate area surrounding the facility or facilities.
(4)  "Federal facility waste" means low-level radioactive waste that is the responsibility of the federal government under the Low-Level Radioactive Waste Policy Act, as amended by the Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C. Sections 2021b-2021j).
(5)  "Federal facility waste disposal facility" means a facility for the disposal of federal facility waste licensed under Section 401.216.
(6)  "Host state" has the meaning assigned by Section 2.01 of the compact established under Section 403.006.
(6-a)  "Nonparty compact waste" means low-level radioactive waste imported from a state other than a party state as authorized under Section 3.05(6) of the compact.
(7)  "Party state" has the meaning assigned by Section 2.01 of the compact established under Section 403.006.
(8)  "Party state compact waste" means low-level radioactive waste generated in a party state.
(9)  "Waste of international origin" means low-level radioactive waste that originates outside of the United States or a territory of the United States, including waste subsequently stored or processed in the United States.
Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1244 (S.B. 1504), Sec. 1, eff. September 1, 2011.
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 F. Special Provisions Concerning Low-Level Radioactive Waste Disposal › Section 401.201. Regulation of Low-Level Radioactive Waste Disposal

Sec. 401.201.  REGULATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL.  The commission shall directly regulate the disposal of low-level radioactive waste in accordance with this subchapter.  The person making the disposal shall comply with this subchapter and commission rules.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.231, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1367, Sec. 19, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
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 F. Special Provisions Concerning Low-Level Radioactive Waste Disposal › Section 401.202. Licensing Authority

Sec. 401.202.  LICENSING AUTHORITY.  (a)  The commission may grant, deny, renew, revoke, suspend, or withdraw licenses for the disposal of low-level radioactive waste from other persons and for the processing of that waste.
(b)  The commission shall receive applications for and may issue not more than one license for a single compact waste disposal facility.  The commission may issue the license only for a facility that meets:
(1)  requirements for licensing provided by this subchapter and by commission rules;  and
(2)  requirements for disposal adopted by the commission that meet federal requirements for disposal.
(c)  Except as provided by Section 401.216, the commission shall provide that the compact waste disposal facility license authorizes only the disposal of compact waste.
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 1995, 74th Leg., ch. 76, Sec. 11.231, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1367, Sec. 19, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 12, 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 F. Special Provisions Concerning Low-Level Radioactive Waste Disposal › Section 401.204. Acquisition of Property

Sec. 401.204.  ACQUISITION OF PROPERTY.  (a)  An application for a compact waste disposal facility license may not be considered unless the applicant has acquired the title to and any interest in land and buildings as required by commission rule.
(b)  If an applicant for a compact waste disposal license is unsuccessful in acquiring a mineral right that the rules adopted under Subsection (a) require the applicant to acquire, the commission may allow the applicant, to the extent permissible under federal law, to enter into a surface use agreement that restricts mineral access, including slant drilling and subsurface mining, to the extent necessary to prevent intrusion into the disposal facility site.
(c)  If an applicant cannot reach a surface use agreement described by Subsection (b) with a private landowner, the attorney general shall, on request of the commission, institute condemnation proceedings as provided under Chapter 21, Property Code, to acquire fee simple interest in the mineral right.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.231, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1367, Sec. 19, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
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 F. Special Provisions Concerning Low-Level Radioactive Waste Disposal › Section 401.205. Responsibilities of Persons Licensed to Dispose of Low-Level Radioactive Waste

Sec. 401.205.  RESPONSIBILITIES OF PERSONS LICENSED TO DISPOSE OF LOW-LEVEL RADIOACTIVE WASTE.  (a)  The compact waste disposal facility license holder shall:
(1)  arrange for and pay the costs of management, control, stabilization, and disposal of compact waste and the decommissioning of the licensed activity;
(2)  convey to the state when the license is issued all required right, title, and interest in land and buildings acquired under commission rules adopted under Section 401.204, together with requisite rights of access to that property;  and
(3)  formally acknowledge before termination of the license the conveyance to the state of the right, title, and interest in compact waste located on the property conveyed.
(b)  The compact waste disposal facility license holder, if licensed under Section 401.216 to dispose of federal facility waste, shall:
(1)  arrange for and pay the costs of management, control, stabilization, and disposal of federal facility waste and the decommissioning of the licensed federal facility waste disposal activity;
(2)  on decommissioning of the licensed federal facility waste disposal activity, convey to the federal government, as provided by the federal Nuclear Waste Policy Act of 1982, Subtitle D (42 U.S.C. Section 10171 et seq. ), as amended, all required right, title, and interest in land and buildings acquired under commission rules under Section 401.204, together with requisite rights of access to that property;
(3)  formally acknowledge before termination of the license the conveyance to the federal government of the right, title, and interest in radioactive waste located on the property conveyed;  and
(4)  before accepting federal facility waste, submit to the commission a written agreement, signed by an official of the federal government, stating that the federal government will assume all required right, title, and interest in land and buildings acquired under commission rules under Section 401.204 for the disposal of federal facility waste, together with requisite rights of access to the land and buildings, in accordance with the federal Nuclear Waste Policy Act of 1982, Subtitle D (42 U.S.C. Section 10171 et seq.), as amended.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.231, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1367, Sec. 19, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
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 F. Special Provisions Concerning Low-Level Radioactive Waste Disposal › Section 401.2051. Conveyance of Waste

Sec. 401.2051.  CONVEYANCE OF WASTE.  (a)  The compact waste disposal facility license holder shall convey to the state at no cost to the state title to the compact waste delivered to the disposal facility for disposal at the time the waste is accepted at the site.  Acceptance occurs when the acceptance criteria specified in the license have been satisfied.  This section does not apply to federal facility waste accepted at a federal facility waste disposal facility.
(b)  The title and all related rights and interest in compact waste conveyed under this section are the property of the commission on the state's behalf.  The commission may administer the waste as property in the name of the state.
Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
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 F. Special Provisions Concerning Low-Level Radioactive Waste Disposal › Section 401.206. Resident Inspector

Sec. 401.206.  RESIDENT INSPECTOR.  (a)  The compact waste disposal facility license holder shall reimburse the commission for the salary and other expenses of two or more resident inspectors employed by the commission.
(b)  The commission may require that the compact waste disposal facility license holder provide facilities at the disposal site for the resident inspectors.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.231, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1367, Sec. 20, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.