By Earley H.B. No. 2623
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the definition of by-product materials and naturally
1-3 occurring radioactive materials.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 401.003, Health and Safety Code, is
1-6 amended by amending Subdivision (18) and by adding Subdivisions
1-7 (24) and (25) to read as follows:
1-8 (18) "Radioactive waste" means radioactive material,
1-9 other than by-product material defined by Subdivision (3)(B), <or>
1-10 uranium ore, naturally occurring radioactive material waste, or oil
1-11 and gas NORM waste, that:
1-12 (A) is discarded or unwanted and is not exempt
1-13 by department rule adopted under Section 401.106 of this chapter;
1-14 or
1-15 (B) would require processing before it could
1-16 have a beneficial reuse.
1-17 (24) "Naturally occurring radioactive material waste"
1-18 or "NORM waste" means solid, liquid, or gaseous material or
1-19 combination of materials, excluding source material, special
1-20 nuclear material, and by-product material, that:
1-21 (A) in its natural physical state spontaneously
1-22 emits radiation;
1-23 (B) is discarded or unwanted; and
2-1 (C) is not exempt by department rule adopted
2-2 under Section 401.106 of this chapter.
2-3 (25) "Oil and gas NORM waste" means solid, liquid, or
2-4 gaseous material or combination of materials, excluding source
2-5 material, special nuclear material, and by-product material, that:
2-6 (A) in its natural physical state spontaneously
2-7 emits radiation;
2-8 (B) is discarded or unwanted;
2-9 (C) is not exempt by department rule adopted
2-10 under Section 401.106 of this chapter; and
2-11 (D) constitutes, is contained in, or has
2-12 contaminated oil and gas waste as that term is defined in Section
2-13 91.1011 of the Natural Resources Code.
2-14 SECTION 2. Chapter 401, Health and Safety Code, is amended
2-15 by amending the heading to Subchapter K and amending Sections
2-16 401.411 and 401.415 to read as follows:
2-17 SUBCHAPTER K. LICENSING AUTHORITY OF TEXAS NATURAL
2-18 RESOURCE CONSERVATION COMMISSION
2-19 AND THE RAILROAD COMMISSION OF TEXAS
2-20 Sec. 401.411. DEFINITION. In this subchapter, "radioactive
2-21 substance" includes by-product material, radioactive material,
2-22 radioactive waste, source material, source of radiation, <and>
2-23 special nuclear material, and naturally occurring radioactive
2-24 material waste as those terms are defined by Section 401.003, but
2-25 does not include oil and gas NORM waste as that term is defined by
3-1 Section 401.003.
3-2 Sec. 401.415. OIL AND GAS NORM WASTE. (a) Notwithstanding
3-3 any other provision of this chapter, the Railroad Commission of
3-4 Texas has sole authority to regulate and issue licenses, permits,
3-5 and orders for the disposal of oil and gas NORM waste. The
3-6 Railroad Commission of Texas may adopt any rules reasonably
3-7 necessary to exercise its authority under this section.
3-8 (b) The Railroad Commission of Texas may enforce this
3-9 section or any rule, order, license, or permit adopted or issued
3-10 under this section in the manner and subject to the conditions
3-11 provided in Title 3 of the Natural Resources Code, including the
3-12 authority to seek and obtain civil penalties and injunctive relief
3-13 as provided in that title.
3-14 (c) The Railroad Commission of Texas shall consult with the
3-15 department and the Texas Natural Resource Conservation Commission
3-16 as appropriate regarding administration of this section. <The
3-17 Texas Natural Resource Conservation Commission shall consult with
3-18 the Railroad Commission of Texas before adopting any rules
3-19 necessary to exercise its authority over the regulation of
3-20 naturally occurring radioactive materials (NORM) that occur from
3-21 the exploration and production of oil and gas. The Texas Natural
3-22 Resource Conservation Commission and the Railroad Commission of
3-23 Texas shall adopt a memorandum of understanding defining their
3-24 respective enforcement duties, with preference given to enforcement
3-25 by the Railroad Commission of Texas for the enforcement of
4-1 oil-related and gas-related NORM activities.>
4-2 SECTION 3. The importance of this legislation and the
4-3 crowded condition of the calendars in both houses create an
4-4 emergency and an imperative public necessity that the
4-5 constitutional rule requiring bills to be read on three several
4-6 days in each house be suspended, and this rule is hereby suspended,
4-7 and that this Act take effect and be in force from and after its
4-8 passage, and it is so enacted.