By Saunders H.B. No. 2430
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of radioactive source material recovery,
1-3 processing, and disposal activities; establishing fees; providing
1-4 penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter G, Chapter 401, Health and Safety
1-7 Code, is amended to read as follows:
1-8 Sec. 401.261. Subchapter Application. In <A reference in>
1-9 this subchapter:
1-10 (1) "By-product material" does not include <to
1-11 by-product material includes only> that by-product material defined
1-12 by Section 401.003(3)(A) <Section 401.003(3)(B)>.
1-13 (2) "Commission" means the Texas Natural Resource
1-14 Conservation Commission.
1-15 (3) "Federal commission" means the United States
1-16 Nuclear Regulatory Commission.
1-17 (4) "Processing" means the storage, extraction of
1-18 material, transfer, volume reduction, compaction, or other
1-19 separation incidental to recovery of source material.
1-20 Sec. 401.262. Management of Certain By-Product Material.
1-21 The commission <department> shall assure that by-product material
1-22 is managed in compliance with the federal commission's applicable
1-23 standards.
2-1 Sec. 401.2625. Licensing Authority. The commission
2-2 commission's <department's> proceedings.
2-3 (f) The commission <department> shall prohibit major
2-4 construction with respect to an activity that is to be licensed
2-5 until the requirements of Subsections (a), (b), (c), and (e) are
2-6 completed.
2-7 Sec. 401.264. Notice and Hearing. (a) The commission
2-8 <department> on its own motion may, or on the written request of a
2-9 person affected shall, provide an opportunity for a public hearing
2-10 on an application over which the commission has jurisdiction
2-11 <environmental analysis> to determine whether to issue, <or> renew,
2-12 or amend a license to process materials that produce by-product
2-13 materials in the manner provided by the Administrative Procedure
2-14 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
2-15 Statutes), and permit appearances with or without counsel and the
2-16 examination and cross-examination of witnesses under oath.
2-17 (b) A person affected may become a party to a proceeding on
2-18 a determination that the person possesses a justiciable interest in
2-19 the result of the proceeding.
2-20 (c) The commission <department> shall make a record of the
2-21 proceedings and provide a transcript of the hearing on request of,
2-22 and payment for, the transcript or provision of a sufficient
2-23 deposit to assure payment by any person requesting the transcript.
2-24 (d) The commission <department> shall provide an opportunity
2-25 to obtain a written determination of action to be taken. The
3-1 determination must be based on evidence presented to the commission
3-2 and include findings. The written determination is available to
3-3 the public.
3-4 (e) The determination is subject to judicial review in the
3-5 (1) the federal commission determines before the
3-6 license terminates that the transfer of title to the land and the
3-7 by-product material is unnecessary to protect public health,
3-8 safety, or welfare or to minimize the danger to life or property;
3-9 or
3-10 (2) the land is held in trust by the federal
3-11 government for an Indian tribe, is owned by an Indian tribe subject
3-12 to restriction against alienation imposed by the federal
3-13 government, is owned by the federal government, or is owned by the
3-14 state.
3-15 (b) By-product material transferred to the state under this
3-16 section shall be transferred without cost to the state<, other than
3-17 administrative and legal costs incurred in making the transfer>.
3-18 Sec. 401.267. Acquisition of Certain By-Product Materials
3-19 and Sites. The commission <department> may acquire by-product
3-20 material and fee simple title in land, affected mineral rights, and
3-21 buildings at which that by-product material is disposed of and
3-22 abandoned so that the by-product material and property can be
3-23 managed in a manner consistent with protecting public health,
3-24 safety, and the environment.
3-25 Sec. 401.268. Liability. The transfer of the title to
4-1 by-product material, land, and buildings under Section 401.267 does
4-2 not relieve a license holder of liability for <fraudulent or
4-3 negligent> acts performed before the transfer.
4-4 Sec. 401.269. Monitoring, Maintenance, and Emergency
4-5 Measures. (a) The commission <department> may undertake
4-6 monitoring, maintenance, and emergency measures in connection with
4-7 by-product material and property for which it has assumed custody
4-8 under Section 401.267 that are necessary to protect the public
4-9 health and safety
4-10 (d) An emergency order issued under Subsection (b) shall:
4-11 (1) be delivered to the person identified by the order
4-12 by certified mail, return receipt requested;
4-13 (2) be delivered by hand delivery to the person
4-14 identified by the order; or
4-15 (3) on failure of delivery of the order by certified
4-16 mail or hand delivery, be served on the person by publication:
4-17 (A) once in the Texas Register; and
4-18 (B) once in a newspaper of general circulation
4-19 in each county in which a person identified by the order had the
4-20 person's last known address.
4-21 (e) The commission <department> shall use the security
4-22 provided by the license holder to pay the costs of actions that are
4-23 taken or that are to be taken under this section. The commission
4-24 <department> shall send to the comptroller a copy of its order
4-25 together with necessary written requests authorizing the
5-1 comptroller to:
5-2 (1) enforce security provided by the licensee;
5-3 (2) convert an amount of security into cash, as
5-4 necessary; and
5-5 (3) disburse from the security in the fund the amount
5-6 necessary to pay the costs.
5-7 SECTION 2. Section 401.412, Health and Safety Code, is
5-8 amended to read as follows:
5-9 Sec. 401.412. Commission Licensing Authority.
5-10 (a) Notwithstanding any other provision of this chapter and
5-11 subject to Section 401.102, the Texas Natural Resource Conservation
5-12 Commission has sole authority to directly regulate, and to grant,
5-13 deny, renew, for use by the commission for expenses incurred by the
5-14 commission in administering the provisions of this chapter.
5-15 SECTION 3. EFFECTIVE DATE. This Act takes effect on
5-16 September 1, 1993.
5-17 SECTION 4. TRANSFER OF AUTHORITY; TRANSITION. (a) On
5-18 September 1, 1993, the powers, duties, obligations, functions, and
5-19 activities of the Texas Board of Health and the Texas Department of
5-20 Health or the officers or employees of those agencies assigned by
5-21 Chapter 401, Health and Safety Code, as it relates to the licensing
5-22 and regulation of source material recovery and processing are
5-23 transferred to the Texas Natural Resource Conservation Commission.
5-24 (b) All personnel, equipment, data, documents, facilities,
5-25 and other items of the Texas Department of Health pertaining to the
6-1 licensing and regulation of source material recovery and processing
6-2 are transferred to the Texas Natural Resource Conservation
6-3 Commission.
6-4 (c) All appropriations to the Texas Department of Health
6-5 pertaining to the licensing and regulation of source material
6-6 recovery and processing are automatically transferred to the Texas
6-7 Natural Resource Conservation Commission.
6-8 (d) The Texas Natural Resource Conservation Commission is
6-9 the successor to the Texas Department of Health for the enforcement
6-10 of laws pertaining to the licensing and regulation of source
6-11 material recovery and processing and shall carry out those duties,
6-12 responsibilities, functions, and activities as provided by law,
6-13 including Acts of the 73rd Legislature.
6-14 (e) The transfer of duties from the Texas Board of Health
6-15 and