Enrolled Bill Summary

            House Bill 1172 amends the Texas Radiation Control Act to revise the definition of "low-level radioactive waste" to make it consistent with provisions in the Code of Federal Regulations. The act makes conforming changes in the Texas Radiation Control Act and the Texas Low-Level Radioactive Waste Disposal Authority Act in accordance with the new definition.

            House Bill 1172 authorizes the Texas Department of Health and the Texas Natural Resource Conservation Commission (TNRCC) to exempt certain radiation sources or uses from the application of rules adopted by the agencies if the agencies determine that the exemption is not prohibited by law and will not result in a significant risk to public health and safety and the environment. The act also prohibits the Texas Board of Health or the TNRCC from requiring persons performing certain solid waste remediation activities to have a license for radioactive material or devices or equipment using radioactive material.

            Finally, House Bill 1172 prohibits the Texas Low-Level Radioactive Waste Disposal Authority from assessing planning and implementation fees before the fiscal year following the fiscal year in which the balance of the low-level radioactive waste fund falls below $4 million or at a level yielding a total amount that exceeds $3 million for any fiscal biennium, and prohibits collection of fees any time the fund balance is $9 million or more.