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 F. Special Provisions Concerning Low-Level Radioactive Waste Disposal › Section 401.244. Host County Public Projects

Sec. 401.244.  HOST COUNTY PUBLIC PROJECTS.  (a)  The compact waste disposal facility license holder each quarter shall transfer to the commissioners court of the host county five percent of the gross receipts from:
(1)  compact waste received at the compact waste disposal facility;  and
(2)  any federal facility waste received at a federal facility waste disposal facility licensed under Section 401.216.
(b)  The commissioners court of the host county may:
(1)  spend the money for public projects in the host county;  or
(2)  disburse the money to other local entities or to public nonprofit corporations to be spent for local public projects.
(c)  Money received from the compact waste disposal facility license holder under this section may be spent only for public projects in the host county that are for the use and benefit of the public at large.
(d)  Money received by the commissioners court of the host county under this section is not a loan or grant-in-aid subject to review by a regional planning commission under Chapter 391, Local Government Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 878, Sec. 16, eff. June 18, 1993;  Acts 1999, 76th Leg., ch. 1367, Sec. 32, eff. Sept. 1, 1999.  Renumbered from Health and Safety Code Sec. 402.252 and amended by Acts 2003, 78th Leg., ch. 1067, Sec. 8, 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 401.2445. State Fee

Sec. 401.2445.  STATE FEE.  The compact waste disposal facility license holder each quarter shall transfer to the state general revenue fund five percent of the gross receipts from:
(1)  compact waste received at the compact waste disposal facility;  and
(2)  any federal facility waste received at a federal facility waste disposal facility licensed under Section 401.216.
Added by Acts 2017, 85th Leg., R.S., Ch. 790 (H.B. 2662), Sec. 3(b), 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 F. Special Provisions Concerning Low-Level Radioactive Waste Disposal › Section 401.245. Party State Compact Waste Disposal Fees

Sec. 401.245.  PARTY STATE COMPACT WASTE DISPOSAL FEES.  (a)  A compact waste disposal facility license holder who receives party state compact waste for disposal pursuant to the compact shall have collected a waste disposal fee to be paid by each person who delivers party state compact waste to the compact waste disposal facility for disposal.
(b)  The commission by rule shall adopt and periodically revise party state compact waste disposal fees under this section according to a schedule that is based on the projected annual volume of low-level radioactive waste received, the relative hazard presented by each type of low-level radioactive waste that is generated by the users of radioactive materials, and the costs identified in Section 401.246.
(c)  In determining relative hazard, the commission shall consider the radioactive, physical, and chemical properties of each type of low-level radioactive waste.
(d)  Rules adopted under this section may include provisions establishing:
(1)  classification of customers and services;  and
(2)  applicability of fees.
(e)  Fees adopted under this section must be consistent with the criteria listed under Section 401.246.
(f)  A rule or order adopted by the commission under this section may not conflict with a ruling of a federal regulatory body.
(g)  For the purposes of a contested case involving the adoption of fees under this section, only a party state generator of low-level radioactive waste may be considered a person affected.
(h)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1159, Sec. 13(1), eff. September 1, 2013.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 5.01, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 878, Sec. 17, eff. June 18, 1993;  Acts 1999, 76th Leg., ch. 1367, Sec. 33, eff. Sept. 1, 1999.  Renumbered from Health and Safety Code Sec. 402.272 and amended by Acts 2003, 78th Leg., ch. 1067, Sec. 11, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1244 (S.B. 1504), Sec. 4, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1244 (S.B. 1504), Sec. 5, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1159 (S.B. 347), Sec. 13(1), 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 401.2455. Interim Party State Compact Waste Disposal Fees

Sec. 401.2455.  INTERIM PARTY STATE COMPACT WASTE DISPOSAL FEES.  (a)  The commission's executive director may establish interim party state compact waste disposal fees effective only for the period beginning on the date the compact waste disposal facility license holder is approved to accept waste at the disposal facility and ending on the effective date of the rules establishing the fees under Section 401.245.  A generator is not entitled to a refund, and may not be charged a surcharge, for the disposal of waste under interim fees once the final fees have been adopted.
(b)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1159, Sec. 13(2), eff. September 1, 2013.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1244 (S.B. 1504), Sec. 6, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1159 (S.B. 347), Sec. 13(2), 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 401.2456. Contracts for Nonparty Compact Waste Disposal

Sec. 401.2456.  CONTRACTS FOR NONPARTY COMPACT WASTE DISPOSAL.  (a)  At any time after the commission has granted approval to begin operating the compact waste disposal facility, the compact waste disposal facility license holder may contract rates with nonparty compact waste generators for the disposal of nonparty compact waste at the facility in accordance with the compact waste disposal facility license.
(b)  Rates and contract terms negotiated under this section are subject to review and approval by the commission's executive director to ensure they meet all of the requirements of this section.
(c)  Rates negotiated under this section must be set both by a price per curie and a price per cubic foot.  Fees resulting from the negotiated rates must be greater than, as applicable:
(1)  the compact waste disposal fees under Section 401.245 as set by the commission that are in effect at the time the rates are negotiated; or
(2)  the interim compact waste disposal fees under Section 401.2455 as set by the commission's executive director that are in effect at the time the rates are negotiated.
(d)  A contract under this section must:
(1)  be negotiated in good faith;
(2)  conform to applicable antitrust statutes and regulations; and
(3)  be nondiscriminatory.
(e)  Rates set under this section must generate fees sufficient to meet the criteria for party state compact waste under Sections 401.246(a) and (c).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1244 (S.B. 1504), Sec. 6, 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 401.246. Waste Disposal Fee Criteria

Sec. 401.246.  WASTE DISPOSAL FEE CRITERIA.  (a)  Party state compact waste disposal fees adopted by the commission under Section 401.245 must be sufficient to:
(1)  allow the compact waste facility license holder to recover costs of operating and maintaining the compact waste disposal facility and a reasonable profit on the operation of that facility;
(2)  provide an amount necessary to meet future costs of decommissioning, closing, and postclosure maintenance and surveillance of the compact waste disposal facility and the compact waste disposal facility portion of the disposal facility site;
(3)  provide an amount to fund local public projects under Section 401.244;
(4)  provide a reasonable rate of return on capital investment in the facilities used for management or disposal of compact waste at the compact waste disposal facility;
(5)  provide an amount necessary to pay compact waste disposal facility licensing fees, to pay compact waste disposal facility fees set by rule or statute, and to provide security for the compact waste disposal facility as required by the commission under law and commission rules; and
(6)  provide an amount necessary to support the activities of the Texas Low-Level Radioactive Waste Disposal Compact Commission.
(b)  To the extent practicable, the commission shall use the methods used by the Public Utility Commission of Texas under Sections 36.051, 36.052, and 36.053, Utilities Code, when establishing overall revenues, reasonable return, and invested capital for the purpose of setting fees under Subsection (a).
(c)  In determining compact waste disposal fees, the commission shall only consider capital investment in property by the compact waste disposal facility license holder that is used and useful to the compact waste disposal facility as authorized under this chapter.  The commission may not consider the capital investment costs or related costs incurred before September 1, 2003, in determining disposal fees.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 804, Sec. 6, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 449, Sec. 34, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 878, Sec. 19, eff. June 18, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 17.01(30), eff. Sept. 1, 1995.  Renumbered from Health and Safety Code Sec. 402.273 and amended by Acts 2003, 78th Leg., ch. 1067, Sec. 11, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 6.01, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1244 (S.B. 1504), Sec. 7, 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 401.247. Reasonable and Necessary Expenses

Sec. 401.247.  REASONABLE AND NECESSARY EXPENSES.  Fees paid under this subchapter are reasonable and necessary expenses for ratemaking purposes.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 17.03, eff. Sept. 1, 1991.  Renumbered from Health and Safety Code Sec. 402.276 and amended by Acts 2003, 78th Leg., ch. 1067, Sec. 11, 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 401.249. Low-Level Radioactive Waste Fund

Sec. 401.249.  LOW-LEVEL RADIOACTIVE WASTE FUND.  (a)  The low-level radioactive waste fund is in the state treasury.
(b)  The low-level radioactive waste fund is an interest-bearing fund.  Interest earned on money in the fund shall be deposited to the credit of the fund.
(c)  Except as otherwise provided by this chapter, money collected by the commission, including fees collected under Section 401.229, any additional fees collected to recover costs of processing a license application, annual fees, and any other fees necessary to administer this subchapter shall be deposited to the credit of the low-level radioactive waste fund.
(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(74), eff. April 2, 2015.
(e)  The commission may transfer money from the low-level radioactive waste fund to the environmental radiation and perpetual care account to make payments required by the commission under Section 401.303.  The commission shall notify the Texas Low-Level Radioactive Waste Disposal Compact Commission of an action the commission takes under this subsection.
(f)  The commission shall deposit in the fund the portion of the fee collected under Section 401.245 that is calculated in accordance with Section 401.246(a) to support the activities of the Texas Low-Level Radioactive Waste Disposal Compact Commission, as required by Section 4.04(4), Texas Low-Level Radioactive Waste Disposal Compact (Section 403.006 of this code).  The fee shall be assessed for party state compact waste and nonparty compact waste.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 148, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 804, Sec. 7, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 878, Sec. 20, eff. June 18, 1993;  Acts 1999, 76th Leg., ch. 1367, Sec. 35, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 580, Sec. 11, eff. Sept. 1, 2003.  Renumbered from Health and Safety Code Sec. 402.275 and amended by Acts 2003, 78th Leg., ch. 1067, Sec. 12, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1159 (S.B. 347), Sec. 7, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(74), eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 598 (S.B. 1330), Sec. 1, 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 F. Special Provisions Concerning Low-Level Radioactive Waste Disposal › Section 401.250. Payments by Party States

Sec. 401.250.  PAYMENTS BY PARTY STATES.  (a)  Notwithstanding any other provision of law, Act of the legislature or the executive branch, or any other agreement, the initial payment of $12.5 million due from each nonhost party state under Section 5.01 of the compact established under Section 403.006 is due not later than November 1, 2003.  In accordance with Section 7.01 of the compact, the host state establishes the following terms and conditions for a state to become a party state to the compact after January 1, 2011:
(1)  the state must make an initial payment of half of the total amount due to the host state under Subsection (b) on the later of September 1, 2011, or the date the state becomes a party state; and
(2)  the state must pay the remainder of the amount owed under Subsection (b) on the later of the date of the opening of the compact waste disposal facility or the date the facility first accepts waste from the state.
(b)  Each state that becomes a party state:
(1)  after January 1, 2011, and before September 1, 2018, shall contribute a total of $30 million to the host state, including the initial payment under Subsection (a)(1); and
(2)  on or after September 1, 2018, and before September 1, 2023, shall contribute $50 million to the host state, including the initial payment under Subsection (a)(1).
(c)  The requirements of this section apply to a state that becomes a party state after January 1, 2011, regardless of whether the state had previously been a party to the compact.  A state that has withdrawn as a party state shall pay the previously committed fee of $25 million in addition to the fees set in Subsection (b).
(d)  A payment made under this section may not be refunded, even if a party state withdraws from the compact.
(e)  For the purposes of calculating the amount of a payment required under Section 4.05(5) of the compact, the amount of a payment under this section is considered to be a payment under Article V of the compact.
(f)  This section prevails over any other law or agreement in conflict or inconsistent with this section.
Added by Acts 2003, 78th Leg., ch. 1067, Sec. 13, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1244 (S.B. 1504), Sec. 9, 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 401.251. Low-Level Radioactive Waste Disposal Compact Commission Account

Sec. 401.251.  LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT COMMISSION ACCOUNT.  (a)  The low-level radioactive waste disposal compact commission account is an account in the general revenue fund.
(b)  On the first day of each state fiscal year, the comptroller shall transfer from the low-level radioactive waste fund to the low-level radioactive waste disposal compact commission account an amount equal to the amount appropriated for that state fiscal year.  On September 30 of each fiscal year, the comptroller shall transfer the unexpended and unencumbered money from the previous fiscal year in the low-level radioactive waste disposal compact commission account to the low-level radioactive waste fund.
(c)  Money in the low-level radioactive waste disposal compact commission account may be used only to support the operations of the Texas Low-Level Radioactive Waste Disposal Compact Commission.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 6.02, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1159 (S.B. 347), Sec. 8, 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 G. Special Provisions Concerning By-Product Material › Section 401.261. Subchapter Application

Sec. 401.261.  SUBCHAPTER APPLICATION.  In this subchapter:
(1)  "By-product material" does not include that by-product material defined by Section 401.003(3)(A).
(2)  "Processing" means the possession, use, storage, extraction of material, transfer, volume reduction, compaction, or other separation incidental to recovery of source 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 1995, 74th Leg., ch. 76, Sec. 11.232, 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 G. Special Provisions Concerning By-Product Material › Section 401.262. Management of Certain By-Product Material

Sec. 401.262.  MANAGEMENT OF CERTAIN BY-PRODUCT MATERIAL.  The commission has sole and exclusive authority to assure that processing and disposal sites are closed and that by-product material is managed and disposed of in compliance with:
(1)  the federal commission's applicable standards; and
(2)  closure criteria the federal commission and the United States Environmental Protection Agency have determined are protective of human health and safety and the environment.
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. 4, eff. June 20, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 13, 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 G. Special Provisions Concerning By-Product Material › Section 401.2625. Licensing Authority

Sec. 401.2625.  LICENSING AUTHORITY.  The commission has sole and exclusive authority to grant, deny, renew, revoke, suspend, amend, or withdraw licenses for source material recovery and processing or for storage, processing, or disposal of by-product material.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 143, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 992, Sec. 1, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1338, Sec. 5, eff. June 20, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 14, 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 G. Special Provisions Concerning By-Product Material › Section 401.263. Application; Environmental Analysis

Sec. 401.263.  APPLICATION;  ENVIRONMENTAL ANALYSIS.  (a)  If the commission is considering the issuance, renewal, or amendment of a license to process materials that produce by-product materials or a license to dispose of by-product material and the commission determines that the licensed activity will have a significant impact on the human environment, the commission shall prepare or have prepared a written environmental analysis.
(b)  The analysis must include:
(1)  an assessment of the radiological and nonradiological effects of the licensed activity on the public health;
(2)  an assessment of any effect of the licensed activity on a waterway or groundwater;
(3)  consideration of alternatives to the licensed activity, including alternative sites and engineering methods;  and
(4)  consideration of decommissioning, decontamination, reclamation, and other long-term effects associated with a licensed activity, including management of by-product material.
(c)  The commission shall give notice of the analysis as provided by commission rule and shall make the analysis available to the public for written comment not later than the 31st day before the date of the hearing on the license.
(d)  After notice is given, the commission shall provide an opportunity for written comments by persons affected.
(e)  The analysis shall be included as part of the record of the commission's proceedings.
(f)  The commission by rule shall prohibit major construction with respect to an activity that is to be licensed until the requirements of Subsections (a), (b), (c), and (e) are completed.
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. 6, eff. June 20, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 15, 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 G. Special Provisions Concerning By-Product Material › Section 401.266. Transfer of Land Required

Sec. 401.266.  TRANSFER OF LAND REQUIRED.  (a)  The commission by rule or order may require that before a license covering land used for the disposal of by-product material is terminated, the land, including any affected interests in the land, must be transferred to the federal government or to the state unless:
(1)  the federal commission determines before the license terminates that the transfer of title to the land and the by-product material is unnecessary to protect the public health, safety, or welfare or to minimize danger to life or property; or
(2)  the land is held in trust by the federal government for an Indian tribe, is owned by an Indian tribe subject to a restriction against alienation imposed by the federal government, is owned by the federal government, or is owned by the state.
(b)  By-product material transferred to the state under this section shall be transferred without cost to the state.
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. 9, eff. June 20, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 18, 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 G. Special Provisions Concerning By-Product Material › Section 401.267. Acquisition and Sale of Certain By-Product Materials and Sites

Sec. 401.267.  ACQUISITION AND SALE OF CERTAIN BY-PRODUCT MATERIALS AND SITES.  (a)  The commission may acquire by-product material and fee simple title in land, affected mineral rights, and buildings at which that by-product material is disposed of and abandoned so that the by-product material and property can be managed in a manner consistent with protecting public health, safety, and the environment.
(b)  The commission may sell land acquired under this section at the land's fair market value after the commission has taken corrective action to restore the land to a condition that does not compromise the public health or safety or the environment.  The General Land Office shall negotiate and close a transaction under this subsection on behalf of the commission using procedures under Section 31.158(c), Natural Resources Code.  Proceeds from the transaction shall be deposited in the Texas capital trust fund.
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. 10, eff. June 20, 1997;  Acts 1999, 76th Leg., ch. 244, Sec. 1, eff. Aug. 30, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 19, 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 G. Special Provisions Concerning By-Product Material › Section 401.268. Liability

Sec. 401.268.  LIABILITY.  The transfer of the title to by-product material, land, and buildings under Section 401.267 does not relieve a license holder of liability for acts performed before the transfer.
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.
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 401.269. Monitoring, Maintenance, and Emergency Measures

Sec. 401.269.  MONITORING, MAINTENANCE, AND EMERGENCY MEASURES.  (a)  The commission may undertake monitoring, maintenance, and emergency measures in connection with by-product material and property for which it has assumed custody under Section 401.267 that are necessary to protect the public health and safety and the environment.
(b)  The commission shall maintain the by-product material and property transferred to it in a manner that will protect the public health and safety and the environment.
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. 11, eff. June 20, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 20, 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 G. Special Provisions Concerning By-Product Material › Section 401.271. State Fee on Radioactive Substances

Sec. 401.271.  STATE FEE ON RADIOACTIVE SUBSTANCES.  (a)  A holder of a license issued by the commission under this chapter that authorizes the disposal of a radioactive substance from other persons shall remit each quarter an amount equal to 10 percent of the license holder's gross receipts received from disposal operations under a license issued under this chapter that occur after the effective date of the Act enacting this section as follows:
(1)  five percent shall be remitted to the comptroller for deposit to the credit of the general revenue fund; and
(2)  five percent shall be remitted to the host county in accordance with Sections 401.244(b) and (d).
(b)  Subsection (a) does not apply to compact waste or federal facility waste as defined by Section 401.2005 or industrial solid waste as defined by Section 361.003.
(c)  A holder of a license or permit issued by the commission under this chapter or Chapter 361 that authorizes the storage, other than disposal, of a radioactive waste or elemental mercury from other persons shall remit each quarter to the commission for deposit into the general revenue fund an amount equal to 20 percent of the license or permit holder's gross receipts received from the storage of the substance for any period exceeding one year.  This subsection applies only to the storage of the substance for any period exceeding one year. This subsection applies only to the storage of radioactive waste or elemental mercury at or adjacent to the compact waste disposal facility.
Added by Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 22, eff. June 15, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1244 (S.B. 1504), Sec. 10, 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 G. Special Provisions Concerning By-Product Material › Section 401.272. Audit Authority

Sec. 401.272.  AUDIT AUTHORITY.  The commission may audit a license holder's financial records and waste manifest information to ensure that the fees imposed under this chapter are accurately paid.  The license holder shall comply with the commission's audit-related requests for information.
Added by Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 22, 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 H. Financial Provisions › Section 401.302. Nuclear Reactor and Fixed Nuclear Facility Fee

Sec. 401.302.  NUCLEAR REACTOR AND FIXED NUCLEAR FACILITY FEE.  (a)  The executive commissioner, in coordination with the commission, by rule may set an annual fee to be collected by the department from the operator of each nuclear reactor or other fixed nuclear facility in the state that uses special nuclear material.
(b)  The amount of fees collected may not exceed the actual expenses that arise from emergency planning and implementation and environmental surveillance activities.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 24, eff. June 15, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0920, 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 H. Financial Provisions › Section 401.303. Payment for Maintenance, Surveillance, or Other Care

Sec. 401.303.  PAYMENT FOR MAINTENANCE, SURVEILLANCE, OR OTHER CARE.  (a)  The executive commissioner or commission may require the holder of a license issued by the agency to pay annually to the issuing agency an amount determined by the issuing agency if continuing or perpetual maintenance, surveillance, or other care is required after termination of a licensed activity.
(b)  The issuing agency annually shall review the license holder's payments under this section to determine if the payment schedule is adequate for the maintenance and surveillance that the licensed activity requires or may require in the future.
(c)  The issuing agency may review estimates of costs that are required to be incurred under this chapter in accordance with the need, nature, and cost of decontamination, stabilization, decommissioning, reclamation, and disposal activity and the maintenance and surveillance required for public health and safety and the environment.
(d)  The issuing agency shall set the charges for maintenance and perpetual care at amounts consistent with existing technology.
(e)  The issuing agency may not impose charges that exceed the amount that the issuing agency projects to be required for maintenance, surveillance, and other necessary care required after the licensed activity is terminated.
(f)  An increase in costs may not be applied retroactively but may apply to increases in subsequent annual payments.
(g)  If a license holder satisfies the obligations under this chapter, the issuing agency shall have the comptroller promptly refund to the license holder from the perpetual care account or the environmental radiation and perpetual care account, as applicable, the excess of the amount of all payments made by the license holder to the issuing agency and the investment earnings of those payments over the amount determined to be required for the continuing maintenance and surveillance of land, buildings, and radioactive material conveyed to the state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.234, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 580, Sec. 7, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1067, Sec. 17, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1159 (S.B. 347), Sec. 10, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0921, 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 H. Financial Provisions › Section 401.304. Acceptance and Administration of Funds

Sec. 401.304.  ACCEPTANCE AND ADMINISTRATION OF FUNDS.  The department and commission each may accept and administer conditional or other loans, grants, gifts, or other funds from the federal government or other sources to carry out their respective functions.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.234, 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 H. Financial Provisions › Section 401.306. Environmental Radiation and Perpetual Care Account

Sec. 401.306.  ENVIRONMENTAL RADIATION AND PERPETUAL CARE ACCOUNT.  (a)  The environmental radiation and perpetual care account is an account in the general revenue fund to support the activities of the Texas Low-Level Radioactive Waste Disposal Compact Commission.
(b)  The commission shall deposit to the credit of the environmental radiation and perpetual care account money and security it receives under this chapter, including fees collected under Section 401.301(d).  Interest earned on money in the environmental radiation and perpetual care account shall be credited to the environmental radiation and perpetual care account.
(c)  Money and security in the environmental radiation and perpetual care account may be administered by the commission only for the decontamination, decommissioning, stabilization, reclamation, maintenance, surveillance, control, storage, and disposal of radioactive substances for the protection of the public health and safety and the environment under this chapter and for refunds under Section 401.303.
(d)  Money and security in the environmental radiation and perpetual care account may not be used for normal operating expenses of the commission.
(e)  The commission may use money in the environmental radiation and perpetual care account to pay for measures:
(1)  to prevent or mitigate the adverse effects of abandonment of radioactive substances, default on a lawful obligation, insolvency, or other inability by the holder of a license issued by the commission to meet the requirements of this chapter or of commission rules; and
(2)  to ensure the protection of the public health and safety and the environment.
(f)  The commission may provide, by the terms of a contract or lease entered into between the commission and any person, or by the terms of a license issued to any person, for the decontamination, closure, decommissioning, reclamation, surveillance, or other care of a site or facility subject to commission jurisdiction under this chapter as needed to carry out the purposes of this chapter.
(g)  The existence of the environmental radiation and perpetual care account does not make the commission liable for the costs of decontamination, transfer, transportation, reclamation, surveillance, or disposal of radioactive substances arising from a license holder's abandonment of radioactive substances, default on a lawful obligation, insolvency, or inability to meet the requirements of this chapter or of commission rules.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1159 (S.B. 347), Sec. 12, 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 H. Financial Provisions › Section 401.307. Perpetual Care Account and Environmental Radiation and Perpetual Care Account Caps

Sec. 401.307.  PERPETUAL CARE ACCOUNT AND ENVIRONMENTAL RADIATION AND PERPETUAL CARE ACCOUNT CAPS.  (a)  The fees imposed under Sections 401.052(d) and 401.301(d) are suspended when the sum of the balances of the perpetual care account and the environmental radiation and perpetual care account reaches $100 million.  The fees are reinstated when the sum of the balances of the perpetual care account and the environmental radiation and perpetual care account falls to $50 million or less.
(b)  The surcharge collected under Section 401.207(g) is collected without regard to the balances of the perpetual care account and the environmental radiation and perpetual care account.
(c)  Notwithstanding Subsection (a), a fee imposed by the commission under Section 401.301(d) on the holder of a license authorizing the extraction, processing, or concentration of uranium or thorium from ore is suspended when the amount in the environmental radiation and perpetual care account attributable to those fees reaches $2 million.  If the amount in that account attributable to those fees is reduced to $1.5 million or less, the fee is reinstated until the amount reaches $2 million.
(d)  Notwithstanding Subsection (a), a fee imposed under Section 401.052(d) is suspended from imposition against a party state compact waste generator when the amount in the perpetual care account attributable to those fees reaches $500,000.  If the amount in that account attributable to those fees is reduced to $350,000 or less, the fee is reinstated until the amount reaches $500,000.
(e)  This section does not relieve a generator from liability for a transportation accident involving low-level radioactive waste.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1159 (S.B. 347), Sec. 12, 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 I. Court Proceedings › Section 401.341. Judicial Review

Sec. 401.341.  JUDICIAL REVIEW.  A person who is affected by a final decision of the department and who has exhausted all administrative remedies available in the appropriate agency is entitled to judicial review under 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(49), 11.236, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 48, 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 I. Court Proceedings › Section 401.342. Suit by Attorney General

Sec. 401.342.  SUIT BY ATTORNEY GENERAL.  (a)  The attorney general, at the request of the department regarding an activity under its jurisdiction, shall institute an action in a district court in Travis County or in any county in which a violation occurs or is about to occur if in the department's judgment a person has engaged in or is about to engage in an act or practice that violates or will violate this chapter, a rule adopted by the executive commissioner under this chapter, or a license, registration, or order issued by the department under this chapter.  The attorney general may determine the court in which suit will be instituted.
(b)  The attorney general may petition the court for:
(1)  an order enjoining the act or practice or an order directing compliance and reimbursement of the perpetual care account, if applicable;
(2)  civil penalties as provided by Section 401.381;  or
(3)  a permanent or temporary injunction, restraining order, or other appropriate order if the department shows that the person engaged in or is about to engage in any of the acts or practices.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.236, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 49, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 580, Sec. 9, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1067, Sec. 19, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0922, 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 I. Court Proceedings › Section 401.343. Recovery of Security

Sec. 401.343.  RECOVERY OF SECURITY.  (a)  The department or commission shall seek reimbursement, either by an order of the department or commission or a suit filed by the attorney general at the request of the department or commission, of security from the perpetual care account used by the department or commission to pay for actions, including corrective measures, to remedy spills or contamination by radioactive substances resulting from a violation of this chapter relating to an activity under the jurisdiction of the department or commission, a violation of a rule adopted under this chapter, or a violation of a license, registration, or order issued by the department or commission under this chapter.
(b)  On request by the department or commission, the attorney general shall file suit to recover security under this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.236, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 50, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 580, Sec. 10, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1067, Sec. 20, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 26, eff. June 15, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0923, 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 401.381. General Civil Penalties

Sec. 401.381.  GENERAL CIVIL PENALTIES.  (a)  A person who causes, suffers, allows, or permits a violation of this chapter, a department rule or order, or a license or registration condition is subject to a civil penalty of not less than $100 or more than $25,000 for each violation and for each day that a continuing violation occurs.
(b)  The attorney general may file suit to recover a civil penalty under this section in a district court in Travis County or in the county in which the violation occurred.  If the attorney general seeks to recover civil penalties for violations that have occurred in more than one county, the attorney general may join all of the violations in one suit and may file the suit either in a district court in Travis County or in a district court in a county in which at least one of the violations occurred.
(c)  The civil penalty provided by this section is cumulative of any other remedy provided by law.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.237, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 51, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1009, Sec. 5, 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 401.382. General Criminal Penalty

Sec. 401.382.  GENERAL CRIMINAL PENALTY.  (a)  A person commits an offense if the person intentionally or knowingly violates a provision of this chapter other than the offense described by Section 401.383.
(b)  An offense under this section is a Class B misdemeanor, unless it is shown on the trial of the person that the person has been previously convicted of an offense under this section, in which event the offense is a Class A misdemeanor.
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 J. Enforcement › Section 401.383. Criminal Penalty for Certain Acts Related to Low-Level Radioactive Waste

Sec. 401.383.  CRIMINAL PENALTY FOR CERTAIN ACTS RELATED TO LOW-LEVEL RADIOACTIVE WASTE.  (a)  A person commits an offense if the person intentionally or knowingly receives, processes, concentrates, stores, transports, or disposes of low-level radioactive waste without a license issued under this chapter.
(b)  An offense under this section is a Class A misdemeanor, unless it is shown at the trial of the person that the person has been previously convicted of an offense under this section, in which event the offense is punishable by a fine of not less than $2,000 or more than $100,000, confinement in the county jail for not more than one year, or both.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1367, Sec. 37, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 10.003, eff. Sept. 1, 2001.