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 H. Financial Provisions › Section 401.301. License and Registration Fees

Sec. 401.301.  LICENSE AND REGISTRATION FEES.  (a)  The commission and department may collect a fee for each license and registration the agency issues.
(b)  The commission and the executive commissioner each by rule shall set the fee in an amount that may not exceed the actual expenses annually incurred to:
(1)  process applications for licenses or registrations;
(2)  amend or renew licenses or registrations;
(3)  make inspections of license holders and registrants; and
(4)  enforce this chapter and rules, orders, licenses, and registrations under this chapter.
(c)  The commission and department may collect a fee, in addition to the license and registration fee, of not less than 20 percent of the amount of the license and registration fee nor more than $10,000 from each licensee or registrant who fails to pay the fees authorized by this section.
(d)  The commission and executive commissioner shall require that each person who holds a specific license issued by the commission or department pay to the applicable agency an additional five percent of the appropriate fee set under Subsection (b).  Fees collected by the department under this subsection shall be deposited to the credit of the perpetual care account.  Fees collected by the commission under this subsection shall be deposited to the environmental radiation and perpetual care account.  The fees are not refundable.  The holder of a specific license authorizing the extraction, processing, or concentration of uranium or thorium from ore is not required to pay the additional fee described by this subsection before the beginning of operations under the license.
(e)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1159, Sec. 13(3), eff. September 1, 2013.
(f)  Notwithstanding any other provision of this section, the department may not assess a fee on a local law enforcement agency for the licensing and registration of an X-ray machine that is used to screen packages or other objects the agency suspects may contain an explosive or other item that would pose a danger to the public health and safety.  Except as otherwise provided by this subsection, a local law enforcement agency is subject to the licensing and registration requirements of this chapter.
(g)  The commission may assess and collect additional fees from the applicant to recover the costs the commission incurs for administrative review, technical review, and hearings on the application.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 17.04, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.233, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 201, Sec. 1, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1367, Sec. 22, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1009, Sec. 3, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 580, Sec. 6, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1067, Sec. 15, 16, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1061 (H.B. 2285), Sec. 3, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 23, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 12.015, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 12.016, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1159 (S.B. 347), Sec. 9, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1159 (S.B. 347), Sec. 13(3), eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0919, eff. April 2, 2015.