CHAPTER 401. RADIOACTIVE MATERIALS AND OTHER SOURCES OF RADIATION

Statutes > Texas Statutes > HEALTH AND SAFETY CODE > TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY > CHAPTER 401. RADIOACTIVE MATERIALS AND OTHER SOURCES OF RADIATION

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 A. GENERAL PROVISIONS

Sec. 401.0005. SHORT TITLE. This chapter may be cited as the

Texas Radiation Control Act.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 142, eff. Sept. 1,

1991.

Sec. 401.001. POLICY. In furtherance of the state's

responsibility to protect occupational and public health and

safety and the environment, it is the policy of the state to

institute and maintain:

(1) a regulatory program for sources of radiation that provides

for:

(A) compatibility with federal standards and regulatory

programs;

(B) a single, effective regulatory system in the state; and

compatible with other states' systems; and

(2) a program that permits development and use of sources of

radiation for peaceful purposes consistent with public health and

safety and environmental protection.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 401.002. PURPOSE. It is the purpose of this chapter to

carry out the policies stated in Section 401.001 by providing a

program to:

(1) ensure effective regulation of sources of radiation for

protection of the occupational and public health and safety and

the environment;

(2) promote an orderly regulatory pattern in the state, among

the states, and between the federal government and the state, and

facilitate intergovernmental cooperation with respect to use and

regulation of sources of radiation to minimize regulatory

duplication;

(3) establish procedures for assumption and performance of

certain regulatory responsibilities with respect to sources of

radiation; and

(4) permit maximum use of sources of radiation consistent with

public health and safety and environmental protection.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 401.003. DEFINITIONS. In this chapter, unless otherwise

specifically provided:

(1) "Advisory board" means the radiation advisory board.

(2) "Board" means the executive commissioner of the Health and

Human Services Commission.

(3) "By-product material" means:

(A) a radioactive material, other than special nuclear material,

that is produced in or made radioactive by exposure to radiation

incident to the process of producing or using special nuclear

material; and

(B) tailings or wastes produced by or resulting from the

extraction or concentration of uranium or thorium from ore

processed primarily for its source material content, including

discrete surface wastes resulting from uranium solution

extraction processes.

(4) "Commission" means the Texas Commission on Environmental

Quality.

(5) "Commissioner" means the commissioner of state health

services.

(6) "Department" means the Department of State Health Services

or other department designated by the executive commissioner of

the Health and Human Services Commission.

(7) "Director" means the director of the radiation control

program under the department's jurisdiction.

(8) "Disposal" means, with regard to low-level radioactive

waste, isolation or removal of low-level radioactive waste from

mankind and mankind's environment without intent to retrieve that

low-level radioactive waste later. The term does not include

emissions and discharges under department rules.

(9) "Electronic product" means a manufactured product or device

or component part of a manufactured product or device that has an

electronic circuit that during operation can generate or emit a

physical field of radiation.

(10) "Federal commission" means the United States Nuclear

Regulatory Commission.

(11) "Perpetual care account" means the radiation and perpetual

care account.

(12) "General license" means a license issued under department

rules for which an application is not required to be filed to

transfer, acquire, own, possess, or use quantities of or devices

or equipment that make use of by-product, source, special

nuclear, or other radioactive material.

(12-a) "Gross receipts" includes, with respect to an entity or

affiliated members, owners, shareholders, or limited or general

partners, all receipts from the entity's disposal operations in

Texas licensed under this chapter including any bonus,

commission, or similar payment received by the entity from a

customer, contractor, subcontractor, or other person doing

business with the entity or affiliated members, owners,

shareholders, or limited or general partners. This term does not

include receipts from the entity's operations in Texas, or

affiliated members, owners, shareholders, or limited or general

partners, for capital reimbursements, bona fide storage and

processing, and federal or state taxes or fees on waste received

uniquely required to meet the specifications of a license or

contract. The commission may promulgate rules in establishing

the criteria for determining gross receipts consistent with the

parameters of this definition.

(13) "Local government" means a municipality, county, special

district, or other political subdivision of the state.

(14) "Person" includes a legal successor to or representative,

agent, or agency of any person but does not include the federal

commission and federal agencies the federal commission licenses

or exempts.

(15) "Person affected" means a person who demonstrates that the

person has suffered or will suffer actual injury or economic

damage and, if the person is not a local government:

(A) is a resident of a county, or a county adjacent to that

county, in which nuclear or radioactive material is or will be

located; or

(B) is doing business or has a legal interest in land in the

county or adjacent county.

(16) "Processing" means the storage, extraction of material,

transfer, volume reduction, compaction, or other separation and

preparation of low-level radioactive waste for reuse or disposal,

including a treatment or activity that renders the waste less

hazardous, safer for transport, or amenable to recovery, storage,

or disposal.

(17) "Radiation" means one or more of the following:

(A) gamma-rays and X-rays, alpha and beta particles, and other

atomic or nuclear particles or rays;

(B) emission of radiation from an electronic device to energy

density levels that could reasonably cause bodily harm; or

electronic device or resulting from the operation of an

electronic circuit in an electronic device in the energy range to

reasonably cause detectable bodily harm.

(18) "Radioactive material" means a naturally occurring or

artificially produced solid, liquid, or gas that emits radiation

spontaneously.

(19) "Radioactive substance" includes:

(A) by-product material;

(B) naturally occurring radioactive material waste, excluding

oil and gas NORM waste;

(D) low-level radioactive waste;

(E) source material;

(F) source of radiation; and

(G) special nuclear material.

(20) Repealed by Acts 1999, 76th Leg., ch. 1367, Sec. 39, eff.

Sept. 1, 1999.

(21) "Registration" includes:

(A) notice to the department of the service or use of an

electronic product; and

(B) registration under Section 401.105.

(22) "Source material" means:

(A) uranium, thorium, or other material that the governor by

order declares to be source material after the federal commission

has determined the material to be source material; or

(B) ore that contains one or more of the materials listed in

Subdivision (A) to the degree of concentration that the governor

by order declares to be source material after the federal

commission has determined the material to be of a degree of

concentration to be source material.

(23) "Source of radiation" means radioactive material or a

device or equipment that emits or is capable of producing

radiation intentionally or incidentally.

(24) "Special nuclear material" means:

(A) plutonium, uranium 233, uranium enriched in the isotope 233

or the isotope 235, and any other material other than source

material that the governor by order declares to be special

nuclear material after the federal commission determines the

material to be special nuclear material; or

(B) material other than source material that is artificially

enriched by any of the materials listed in Subdivision (A).

(25) "Specific license" means a license, issued pursuant to an

application, to use, manufacture, produce, transfer, receive,

acquire, own, possess, process, or dispose of quantities of or

devices or equipment using by-product, source, special nuclear,

or other radioactive material.

(26) "Naturally occurring radioactive material waste" or "NORM

waste" means solid, liquid, or gaseous material or combination of

materials, excluding source material, special nuclear material,

and by-product material, that:

(A) in its natural physical state spontaneously emits radiation;

(B) is discarded or unwanted; and

401.106.

(27) "Oil and gas NORM waste" means solid, liquid, or gaseous

material or combination of materials, excluding source material,

special nuclear material, and by-product material, that:

(A) in its natural physical state spontaneously emits radiation;

(B) is discarded or unwanted;

401.106; and

(D) constitutes, is contained in, or has contaminated oil and

gas waste as that term is defined in Section 91.1011 of the

Natural Resources Code.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 810, Sec. 1, eff. Aug. 30,

1993; Acts 1995, 74th Leg., ch. 76, Sec. 11.208, eff. Sept. 1,

1995; Acts 1997, 75th Leg., ch. 1338, Sec. 1, eff. June 20, 1997;

Acts 1999, 76th Leg., ch. 1367, Sec. 1, 39, eff. Sept. 1, 1999;

Acts 2001, 77th Leg., ch. 1009, Sec. 1, eff. Sept. 1, 2001; Acts

2003, 78th Leg., ch. 580, Sec. 1, eff. Sept. 1, 2003; Acts 2003,

78th Leg., ch. 1067, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1332, Sec. 1, eff. June 15, 2007.

Sec. 401.004. LOW-LEVEL RADIOACTIVE WASTE DEFINED. (a) Except

as provided by Subsection (b), "low-level radioactive waste"

means radioactive material that:

(1) is discarded or unwanted and is not exempt by board rule

adopted under Section 401.106;

(2) is waste, as that term is defined by 10 C.F.R. Section 61.2;

and

(3) is subject to:

(A) concentration limits established under 10 C.F.R. Section

61.55, or compatible rules established by the department or

commission, as applicable; and

(B) disposal criteria established under Title 10, Code of

Federal Regulations, or established by the department or

commission, as applicable.

(b) "Low-level radioactive waste" does not include:

(1) high-level radioactive waste as defined by 10 C.F.R. Section

60.2;

(2) spent nuclear fuel as defined by 10 C.F.R. Section 72.3;

(3) by-product material described by Section 401.003(3)(B);

(4) naturally occurring radioactive material waste that is not

oil and gas NORM waste; or

(5) oil and gas NORM waste.

Added by Acts 1999, 76th Leg., ch. 1367, Sec. 2, eff. Sept. 1,

1999.

Sec. 401.005. CODE OF FEDERAL REGULATIONS REFERENCES. A

reference in this chapter to the "C.F.R." or the "Code of Federal

Regulations" means the Code of Federal Regulations as it existed

on September 1, 1999.

Added by Acts 1999, 76th Leg., ch. 1367, Sec. 2, eff. Sept. 1,

1999.

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS

Sec. 401.011. RADIATION CONTROL AGENCY. (a) The department is

the Texas Radiation Control Agency. The department has

jurisdiction over activities and substances regulated under this

chapter except as provided by Subsection (b) and Subchapters E,

F, G, and K.

(b) The commission has jurisdiction to regulate and license:

(1) the disposal of radioactive substances;

(2) the processing or storage of low-level radioactive waste or

naturally occurring radioactive material waste received from

other persons, except oil and gas NORM;

(3) the recovery or processing of source material in accordance

with Subchapter G;

(4) the processing of by-product material as defined by Section

401.003(3)(B); and

(5) sites for the disposal of:

(A) low-level radioactive waste;

(B) by-product material; or

respective powers and duties under this chapter for the

protection of the occupational health and safety and the

environment.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.209, eff. Sept.

1, 1995; Acts 1997, 75th Leg., ch. 1338, Sec. 2, eff. June 20,

1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1332, Sec. 2, eff. June 15, 2007.

Sec. 401.012. DESIGNATION OF DIRECTOR. The commissioner shall

designate the director of the radiation control program under the

department's jurisdiction.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.209, eff. Sept.

1, 1995.

Sec. 401.013. DUTIES OF DIRECTOR. The director or the

director's designee shall perform the department's functions

under this chapter.

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 1991, 72nd Leg., ch. 448, Sec. 1, eff. Sept. 1, 1991;

Acts 1995, 74th Leg., ch. 76, Sec. 11.209, eff. Sept. 1, 1995.

Sec. 401.014. EMPLOYEES. The department and commission each

within its jurisdiction may employ, compensate, and prescribe the

powers and duties of persons as necessary to carry out this

chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.209, eff. Sept.

1, 1995.

Sec. 401.015. RADIATION ADVISORY BOARD. (a) The radiation

advisory board is composed of the following 18 members appointed

by the governor:

(1) one representative from industry who is trained in nuclear

physics, science, or nuclear engineering;

(2) one representative from labor;

(3) one representative from agriculture;

(4) one representative from the insurance industry;

(5) one individual who is engaged in the use and application of

nuclear physics in medicine and is certified by the American

Board of Radiology or licensed by the Texas Board of Licensure

for Professional Medical Physicists;

(6) one hospital administrator;

(7) one individual licensed by the Texas State Board of Medical

Examiners who specializes in nuclear medicine;

(8) one individual licensed by the Texas State Board of Medical

Examiners who specializes in pathology;

(9) one individual licensed by the Texas State Board of Medical

Examiners who specializes in radiology;

(10) one representative from the nuclear utility industry;

(11) one representative from the radioactive waste industry;

(12) one representative from the petroleum industry;

(13) one health physicist certified by the American Board of

Health Physics;

(14) one individual licensed by the State Board of Dental

Examiners;

(15) one representative from the uranium mining industry; and

(16) three representatives of the public.

(b) Advisory board members serve for staggered six-year terms.

of the public on the advisory board if that person or that

person's spouse is:

(1) engaged in an occupation in the health care field; or

(2) employed by, participates in the management of, or has a

financial interest, other than as a consumer, in part of the

nuclear utility industry or in a business entity or other

organization that is licensed under Subchapter F or Subchapter G.

(d) In this subsection, "Texas trade association" means a

cooperative and voluntarily joined association of business or

professional competitors in this state designed to assist its

members and its industry or profession in dealing with mutual

business or professional problems and in promoting their common

interest. A person may not be a member of the advisory board if:

(1) the person is an officer, employee, or paid consultant of a

Texas trade association in the field of health physics or

radiological health; or

(2) the person's spouse is an officer, manager, or paid

consultant of a Texas trade association in the field of health

physics or radiological health.

(e) A person may not be a member of the advisory board or act as

the general counsel to the advisory board if the person is

required to register as a lobbyist under Chapter 305, Government

Code, because of the person's activities for compensation on

behalf of a profession related to the operation of the advisory

board.

(f) Appointments to the advisory board shall be made without

regard to the race, color, disability, sex, religion, age, or

national origin of the appointees.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 554, Sec. 1, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 1411, Sec. 9.01, eff. Sept. 1,

1999.

Sec. 401.0151. TRAINING FOR ADVISORY BOARD MEMBERS. (a) A

person who is appointed to and qualifies for office as a member

of the advisory board may not vote, deliberate, or be counted as

a member in attendance at a meeting of the advisory board until

the person completes a training program that complies with this

section.

(b) The training program must provide the person with

information regarding:

(1) the legislation that created the advisory board;

(2) the role and functions of the advisory board;

(3) the rules of the advisory board and applicable rules of the

department, with an emphasis on the rules that relate to

disciplinary and investigatory authority;

(4) the requirements of:

(A) the open meetings law, Chapter 551, Government Code;

(B) the public information law, Chapter 552, Government Code;

Code; and

(D) other laws relating to public officials, including

conflict-of-interest laws; and

(5) any applicable ethics policies adopted by the advisory board

or the Texas Ethics Commission.

reimbursement, as provided by the General Appropriations Act, for

the travel expenses incurred in attending the training program

regardless of whether the attendance at the program occurs before

or after the person qualifies for office.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 9.02, eff. Sept. 1,

1999.

Sec. 401.0152. INFORMATION ABOUT STANDARDS OF CONDUCT. The

commissioner or the commissioner's designee shall provide to

members of the advisory board, as often as necessary, information

regarding the requirements for office under this subchapter,

including information regarding a person's responsibilities under

applicable laws relating to standards of conduct for state

officers.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 9.02, eff. Sept. 1,

1999.

Sec. 401.0153. GROUNDS FOR REMOVAL. (a) It is a ground for

removal from the advisory board that a member:

(1) does not have at the time of taking office the

qualifications required by Section 401.015(a);

(2) does not maintain during service on the advisory board the

qualifications required by Section 401.015(a);

(3) is ineligible for membership under Section 401.015(c), (d),

or (e);

(4) cannot, because of illness or disability, discharge the

member's duties for a substantial part of the member's term; or

(5) is absent from more than half of the regularly scheduled

advisory board meetings that the member is eligible to attend

during a calendar year without an excuse approved by a majority

vote of the advisory board.

(b) The validity of an action of the advisory board is not

affected by the fact that it is taken when a ground for removal

of an advisory board member exists.

for removal exists, the commissioner shall notify the advisory

board chairman of the potential ground. The advisory board

chairman shall then notify the governor and the attorney general

that a potential ground for removal exists. If the potential

ground for removal involves the advisory board chairman, the

commissioner shall notify the next highest ranking officer of the

advisory board, who shall then notify the governor and the

attorney general that a potential ground for removal exists.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 9.02, eff. Sept. 1,

1999.

Sec. 401.016. OFFICERS. (a) The governor shall designate a

member of the advisory board as the advisory board chairman to

serve in that capacity at the will of the governor.

(b) The advisory board shall elect from its members a

vice-chairman and secretary.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 1411, Sec. 9.03, eff. Sept.

1, 1999.

Sec. 401.017. SALARY; EXPENSES. A member of the advisory board

is not entitled to receive a salary for service on the advisory

board but may be reimbursed for actual expenses incurred in

attending advisory board meetings or for engaging in authorized

advisory board business.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 401.018. MEETINGS. (a) The advisory board shall meet

quarterly on dates set by the advisory board.

(b) The advisory board shall hold special meetings that may be

called by the advisory board chairman or by five advisory board

members.

in the state determined by the advisory board chairman to best

serve the purpose for which the meeting is called.

(d) Each member of the advisory board shall be given timely

notice of each advisory board meeting.

(e) A record must be kept of each advisory board meeting.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 554, Sec. 2, eff. Sept. 1,

1997.

Sec. 401.0181. PUBLIC TESTIMONY. The advisory board shall

develop and implement policies that provide the public with a

reasonable opportunity to appear before the advisory board and to

speak on any issue under the jurisdiction of the advisory board.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 9.04, eff. Sept. 1,

1999.

Sec. 401.019. ADVISORY BOARD DUTIES. The advisory board shall:

(1) review and evaluate state radiation policies and programs;

Text of subd. (2) as amended by Acts 1997, 75th Leg., ch. 553,

Sec. 1

(2) make recommendations and furnish technical advice that may

be required on matters relating to development, use, and

regulation of sources of radiation to the department, the Texas

Natural Resource Conservation Commission, the Railroad Commission

of Texas, and other state agencies; and

Text of subd. (2) as amended by Acts 1997, 75th Leg., ch. 554,

Sec. 3

(2) make recommendations and furnish technical advice to the

department, the commission, the Railroad Commission of Texas, and

other state agencies that may be required on matters relating to

development, use, and regulation of sources of radiation; and

(3) review proposed rules and guidelines of any state agency

relating to regulation of sources of radiation and recommend

changes in proposed or existing rules and guidelines relating to

those matters.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 553, Sec. 1, eff. Sept. 1,

1997; Acts 1997, 75th Leg., ch. 554, Sec. 3, eff. June 2, 1997.

Sec. 401.020. DUTY OF AGENCIES WITH RADIATION-RELATED PROGRAMS.

A state agency shall:

(1) consider the recommendations and advice of the advisory

board that concern the agency's policies or programs related to

the development, use, or regulation of a source of radiation; and

(2) provide the advisory board a written response to the

recommendations or advice.

Added by Acts 1997, 75th Leg., ch. 553, Sec. 2, eff. June 2,

1997.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 401.051. ADOPTION OF RULES AND GUIDELINES. The board and

commission each within its jurisdiction may adopt rules and

guidelines relating to control of sources of radiation.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.210, eff. Sept.

1, 1995.

Sec. 401.052. RULES FOR TRANSPORTATION AND ROUTING. (a) The

board shall adopt rules that provide for transportation and

routing of radioactive material and waste in this state.

(b) Rules adopted under this section for low-level radioactive

waste must:

(1) to the extent practicable, be compatible with United States

Department of Transportation and United States Nuclear Regulatory

Commission regulations relating to the transportation of

low-level radioactive waste;

(2) require each shipper and transporter of low-level

radioactive waste to adopt an emergency plan approved by the

department for responding to transportation accidents;

(3) require the notification and reporting of accidents to the

department and to local emergency planning committees in the

county where the accident occurs;

(4) require each shipper to adopt a quality control program

approved by the department to verify that shipping containers are

suitable for shipment to a licensed disposal facility;

(5) assess a fee on shippers for shipments to a Texas low-level

radioactive waste disposal facility of low-level radioactive

waste originating in Texas or out-of-state; and

(6) require a transporter to carry liability insurance in an

amount the board determines is sufficient to cover damages likely

to be caused by a shipping accident in accordance with

regulations imposed by the United States Department of

Transportation and the United States Nuclear Regulatory

Commission.

consult with the advisory board and the commission.

Text of subsec. (d) as amended by Acts 2003, 78th Leg., ch. 580,

Sec. 2

(d) Fees assessed under this section:

(1) may not exceed $10 per cubic foot of shipped low-level

radioactive waste;

(2) shall be collected by the department and deposited to the

credit of the perpetual care account;

(3) shall be used exclusively by the department for emergency

planning for and response to transportation accidents involving

low-level radioactive waste; and

(4) shall be suspended when the amount of fees collected reaches

$500,000, except that if the balance of fees collected is reduced

to $350,000 or less, the assessments shall be reinstituted to

bring the balance of fees collected to $500,000.

Text of subsec. (d) as amended by Acts 2003, 78th Leg., ch. 1067,

Sec. 2

(d)(1) Fees assessed under the rules adopted under Subsection

(b)(5):

(A) may not exceed $10 per cubic foot of shipped low-level

radioactive waste;

(B) shall be collected by the compact waste disposal facility

license holder under Subchapter F and remitted to the commission

for deposit to the credit of the perpetual care account; and

for and response to transportation accidents involving low-level

radioactive waste.

(2) Fee assessments under the rules adopted under Subsection

(b)(5) shall be suspended when the amount of fees collected

reaches $500,000, except that if the balance of fees collected is

reduced to $350,000 or less, the assessments shall be

reinstituted to bring the balance of fees collected to $500,000.

(e) Money expended from the perpetual care account to respond to

accidents involving low-level radioactive waste must be

reimbursed to the perpetual care account by the responsible

shipper or transporter according to rules adopted by the board.

(f) In this section, "shipper" means a person who generates

low-level radioactive waste and ships or arranges with others to

ship the waste to a disposal site.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 878, Sec. 23, eff. June 18,

1993; Acts 1995, 74th Leg., ch. 76, Sec. 11.211, eff. Sept. 1,

1995; Acts 1999, 76th Leg., ch. 1367, Sec. 3, eff. Sept. 1, 1999;

Acts 2003, 78th Leg., ch. 580, Sec. 2, eff. Sept. 1, 2003; Acts

2003, 78th Leg., ch. 1067, Sec. 2, eff. Sept. 1, 2003.

Sec. 401.0525. GROUNDWATER PROTECTION STANDARDS. (a) The

commission shall adopt and enforce groundwater protection

standards compatible with federal standards adopted under the

Atomic Energy Act of 1954 (42 U.S.C. Section 2011 et seq.).

(b) In adopting any standards relating to nonradioactive

constituents the commission shall consider the compatibility of

those standards with the commission's groundwater protection

standards adopted under other programs.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 144, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.212, eff.

Sept. 1, 1995.

Sec. 401.053. CLASSIFICATION SYSTEM FOR LOW-LEVEL RADIOACTIVE

WASTE. The department may establish a classification system for

low-level radioactive waste that is based on radiological,

chemical, and biological characteristics and on physical state so

that low-level radioactive waste can be managed safely and

compatibly.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 1367, Sec. 4, eff. Sept. 1,

1999.

Sec. 401.054. NOTICE AND HEARING. (a) The department shall

provide notice and an opportunity for a hearing on a matter under

its jurisdiction as provided by its formal hearing procedures and

Chapter 2001, Government Code, on written request of a person

affected by any of the following procedures:

(1) the denial, suspension, or revocation by the department of a

license or registration;

(2) the determination by the department of compliance with or

the grant of exemptions from a department rule or order; or

(3) the grant or amendment by the department of a specific

license.

(b) This section does not apply to license or registration

activities for which other notice and hearing procedures are

required by this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), 11.213,

eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1072, Sec. 46, eff.

Sept. 1, 1997.

Sec. 401.055. ORDERS. The department or commission shall issue

and modify necessary orders in connection with proceedings

conducted by the agency under this chapter on matters under the

agency's jurisdiction.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.214, eff. Sept.

1, 1995.

Sec. 401.056. EMERGENCY ORDERS. (a) If the department or

commission finds an emergency exists as a result of a matter

under its jurisdiction that requires immediate action to protect

the public health and safety and the environment, the agency,

without notice or hearing, may issue an order stating the

existence of the emergency and requiring that action be taken at

the agency's direction to meet the emergency.

(b) The emergency order is effective immediately.

immediately with that order.

(d) The agency shall provide a person to whom an emergency order

is directed an opportunity for a hearing on written application

to the agency not later than the 30th day following the date of

the emergency order.

(e) The agency shall hold a requested hearing not earlier than

the 11th day and not later than the 20th day following the date

of receipt of the hearing application.

(f) The agency shall continue, modify, or revoke an emergency

order based on the hearing.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.215, eff. Sept.

1, 1995.

Sec. 401.057. RECORDS. (a) The department or commission,

within its jurisdiction, shall require each person who possesses

or uses a source of radiation to maintain:

(1) records relating to the use, receipt, storage, transfer, or

disposal of that source of radiation;

(2) appropriate records that show the radiation exposure of each

individual for whom personnel monitoring is required by the

agency's rules, licenses, registrations, and orders; and

(3) other records the agency requires.

(b) The board or commission by rule may provide exemptions to

the records requirements under Subsections (a)(1) and (3).

(a) shall be submitted to the agency on request.

(d) A person who possesses or uses a source of radiation shall

furnish to each employee for whom personnel monitoring is

required a copy of the employee's personal exposure record at any

time the employee has received exposure that exceeds the maximum

permissible levels provided by the agency's rules and on

termination of employment. The person shall furnish to an

employee on request a copy of the employee's annual exposure

record.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.216, eff. Sept.

1, 1995.

Sec. 401.058. INFORMATION. (a) The department shall collect

and disseminate information relating to the transportation of

sources of radiation. The department and the commission each

within its jurisdiction shall collect and disseminate information

relating to the control of sources of radiation.

(b) The department and commission each, as part of the

collection and dissemination of information, shall maintain:

(1) a file of license applications, issuances, denials,

amendments, transfers, renewals, modifications, suspensions, and

revocations;

(2) a file of registrants possessing sources of radiation

requiring registration under this chapter and any administrative

or judicial action relating to those registrants; and

(3) a file of pending and adopted rules and guidelines relating

to regulation of sources of radiation and proceedings relating to

those rules and guidelines.

of information, shall maintain a file of:

(1) known locations in this state at which radioactive material

has been disposed of and at which soil and facilities are

contaminated; and

(2) information on inspection reports relating to the

radioactive material disposed of and radiation levels at those

locations.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.216, eff. Sept.

1, 1995.

Sec. 401.059. PROGRAM DEVELOPMENT. (a) The department shall

develop programs to evaluate hazards associated with the use of

sources of radiation.

(b) The department and commission shall develop programs within

their respective jurisdictions with due regard for compatibility

with federal programs for the regulation of sources of radiation.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.217, eff. Sept.

1, 1995.

Sec. 401.060. STUDIES, INVESTIGATIONS, ETC. The department and

commission each within its jurisdiction shall encourage,

participate in, or conduct studies, investigations, training,

research, and demonstrations relating to the control of sources

of radiation.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.218, eff. Sept.

1, 1995.

Sec. 401.061. LOW-LEVEL RADIOACTIVE WASTE STUDIES. The

department and commission each within its jurisdiction shall

conduct studies of the need for low-level radioactive waste

processing and disposal facilities and technologies as the agency

considers necessary for minimizing the risks to the public and

the environment from low-level radioactive waste management.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.218, eff. Sept.

1, 1995; Acts 1999, 76th Leg., ch. 1367, Sec. 4, eff. Sept. 1,

1999.

Sec. 401.062. TRAINING PROGRAMS. (a) The department and

commission each may institute training programs to qualify their

personnel to carry out this chapter.

(b) The department and commission each may make those personnel

available to participate in a program of the federal government,

another state, or an interstate agency to carry out this

chapter's purposes.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.218, eff. Sept.

1, 1995.

Sec. 401.063. GENERAL INSPECTION AUTHORITY. (a) The department

or commission or the agency's representative may enter public or

private property at reasonable times to determine whether, in a

matter under the agency's jurisdiction, there is compliance with

this chapter and the agency's rules, licenses, registrations, and

orders under this chapter.

(b) The department or commission or the agency's representative

may enter an area under the jurisdiction of the federal

government only with the concurrence of the federal government or

its designated representative.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.218, eff. Sept.

1, 1995.

Sec. 401.064. INSPECTION OF X-RAY EQUIPMENT. (a) The board

shall adopt rules relating to the frequency of department

inspections of electronic products.

(b) In adopting the rules, the board shall consider the threat

to human health and safety that the electronic products may

present.

for routine inspections of electronic products that present a

minimal threat to human health and safety.

(d) The board by rule shall require a person who inspects

medical, podiatric medical, dental, veterinary, or chiropractic

electronic products to have special training in the design and

uses of the products.

(e) The department shall conduct inspections of medical,

podiatric medical, dental, veterinary, and chiropractic

electronic products in a manner designed to cause as little

disruption of a medical, podiatric medical, dental, veterinary,

or chiropractic practice as is practicable.

(f) In adopting rules under this section relating to the

inspection of medical, podiatric medical, dental, veterinary, and

chiropractic electronic products, the board shall solicit and

follow the recommendations of the State Board of Dental Examiners

for the inspections of dental electronic products, the Texas

State Board of Podiatric Medical Examiners for the inspection of

podiatric medical electronic products, the Texas State Board of

Medical Examiners for the inspection of medical electronic

products, the Texas State Board of Veterinary Medical Examiners

for the inspection of medical electronic products used in the

practice of veterinary medicine, and the State Board of

Chiropractic Examiners for the inspection of chiropractic

electronic products, unless in conflict with federal statutes or

federal rules.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 207, Sec. 1, eff. May 19,

1993; Acts 1995, 74th Leg., ch. 965, Sec. 80, eff. Sept. 1, 1995.

Sec. 401.065. INSPECTION AGREEMENTS. The department or

commission, in matters under its jurisdiction, with the approval

of the governor, may enter into an agreement with the federal

government, another state, or an interstate agency under which

the state, in cooperation with the other parties to the

agreement, performs inspections or other functions relating to

the control of sources of radiation.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.219, eff. Sept.

1, 1995.

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.

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.

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.

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.

Sec. 401.069. MEMORANDUM OF UNDERSTANDING. The board 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.

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.

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.

SUBCHAPTER D. LICENSING AND REGISTRATION

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.

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.

Sec. 401.103. RULES AND GUIDELINES FOR LICENSING AND

REGISTRATION. (a) The board shall adopt rules and guidelines

that provide for licensing and registration for the

transportation of sources of radiation.

(b) The board and commission each within its jurisdiction shall

adopt rules and guidelines that provide for licensing and

registration for the control of sources of radiation.

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.

Sec. 401.104. LICENSING AND REGISTRATION RULES. (a) Except as

provided by Subsections (b) and (e), the board 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.

issuance, amendment, suspension, and revocation of licenses.

(d) The board or commission, within its jurisdiction, may

require the registration or licensing of other sources of

radiation.

(e) The board 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, Sec. 3, eff. June 15, 2007.

Sec. 401.105. RECOGNITION OF OTHER LICENSES. The board or

commission, within its jurisdiction, by rule may recognize other

federal or state licenses the board or commission, as

appropriate, considers desirable, subject to registration

requirements the board 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.

Sec. 401.106. EXEMPTION FROM LICENSING OR REGISTRATION

REQUIREMENTS OR FROM APPLICATION OF RULE. (a) The board 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 board 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 department 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.

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, Sec. 4, eff. June 15, 2007.

Sec. 401.107. LICENSE APPLICATION. (a) An application for a

specific license issued by the board or commission must be in

writing and must state the information that the board 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.

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.

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 board or

commission rules or the license, proof that the license holder

has updated, as appropriate, the security posted under Subsection

(a).

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, Sec. 5, eff. June 15, 2007.

Sec. 401.109. SECURITY. (a) The department or commission may

require a holder of a license issued by the agency to provide

security acceptable to the agency to assure performance of the

license holder's obligations under this chapter. The department

or commission shall deposit security provided under this section

to the credit of the perpetual care account. The department or

commission by rule shall provide that any evidence of security

must be made payable to the credit of the 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.

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, Sec. 6, eff. June 15, 2007.

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 evaluation of 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.

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, Sec. 7, eff. June 15, 2007.

Sec. 401.112. LOW-LEVEL RADIOACTIVE WASTE PROCESSING OR DISPOSAL

LICENSE APPLICATION AND CONSIDERATIONS. (a) The commission, in

making a licensing decision on a specific license application to

process or dispose of low-level radioactive waste from other

persons, shall consider:

(1) site suitability, geological, hydrological, and

meteorological factors, and natural hazards;

(2) compatibility with present uses of land near the site;

(3) socioeconomic effects on surrounding communities of

operation of the licensed activity and of associated

transportation of low-level radioactive waste;

(4) the need for and alternatives to the proposed activity,

including an alternative siting analysis prepared by the

applicant;

(5) the applicant's qualifications, including:

(A) financial and technical qualifications and compliance

history under the method for evaluation of compliance history

developed by the commission under Section 5.754, Water Code, for

an application to the commission; and

(B) the demonstration of financial qualifications under Section

401.108;

(6) background monitoring plans for the proposed site;

(7) suitability of facilities associated with the proposed

activities;

(8) chemical, radiological, and biological characteristics of

the low-level radioactive waste and waste classification under

Section 401.053;

(9) adequate insurance of the applicant to cover potential

injury to any property or person, including potential injury from

risks relating to transportation;

(10) training programs for the applicant's employees;

(11) a monitoring, record-keeping, and reporting program;

(12) spill detection and cleanup plans for the licensed site and

related to associated transportation of low-level radioactive

waste;

(13) decommissioning and postclosure care plans;

(14) security plans;

(15) worker monitoring and protection plans;

(16) emergency plans; and

(17) a monitoring program for applicants that includes

prelicense and postlicense monitoring of background radioactive

and chemical characteristics of the soils, groundwater, and

vegetation.

(b) An applicant for the specific license must submit with the

application information necessary for the commission to consider

the factors under Subsection (a).

the different types of licensed low-level radioactive waste

activities for the listed factors and may include additional

factors and criteria that the commission determines necessary for

full consideration of a license.

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. 8, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 965, Sec. 16.17, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 414, Sec. 2, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1332, Sec. 8, eff. June 15, 2007.

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

Find Legal Information

Texas Codes and Statutes

CHAPTER 401. RADIOACTIVE MATERIALS AND OTHER SOURCES OF RADIATION