H.B. No. 2623
    1-1                                AN ACT
    1-2  relating to the management of radioactive materials.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 401.003, Health and Safety Code, is
    1-5  amended by amending Subdivision (18) and by adding Subdivisions
    1-6  (24) and (25) to  read as follows:
    1-7              (18)  "Radioactive waste" means radioactive material,
    1-8  other than by-product material defined by Subdivision (3)(B), <or>
    1-9  uranium ore, naturally occurring radioactive material waste, or oil
   1-10  and gas NORM waste, that:
   1-11                    (A)  is discarded or unwanted and is not exempt
   1-12  by department rule adopted under Section 401.106 of this chapter;
   1-13  or
   1-14                    (B)  would require processing before it could
   1-15  have a beneficial reuse.
   1-16              (24)  "Naturally occurring radioactive material waste"
   1-17  or "NORM waste" means solid, liquid, or gaseous material or
   1-18  combination of materials, excluding source material, special
   1-19  nuclear material, and by-product material, that:
   1-20                    (A)  in its natural physical state spontaneously
   1-21  emits radiation;
   1-22                    (B)  is discarded or unwanted; and
   1-23                    (C)  is not exempt by department rule adopted
    2-1  under Section 401.106 of this chapter.
    2-2              (25)  "Oil and gas NORM waste" means solid, liquid, or
    2-3  gaseous material or combination of materials, excluding source
    2-4  material, special nuclear material, and by-product material, that:
    2-5                    (A)  in its natural physical state spontaneously
    2-6  emits radiation;
    2-7                    (B)  is discarded or unwanted;
    2-8                    (C)  is not exempt by department rule adopted
    2-9  under Section 401.106 of this chapter; and
   2-10                    (D)  constitutes, is contained in, or has
   2-11  contaminated oil and gas waste as that term is defined in Section
   2-12  91.1011 of the Natural Resources Code.
   2-13        SECTION 2.  Chapter 401, Health and Safety Code, is amended
   2-14  by amending the heading to Subchapter K and amending Sections
   2-15  401.411 and 401.415 to read as follows:
   2-16             SUBCHAPTER K.  LICENSING AUTHORITY OF TEXAS NATURAL
   2-17                   RESOURCE CONSERVATION COMMISSION
   2-18                 AND THE RAILROAD COMMISSION OF TEXAS
   2-19        Sec. 401.411.  DEFINITION.  In this subchapter, "radioactive
   2-20  substance" includes by-product material, radioactive material,
   2-21  radioactive waste, source material, source of radiation, <and>
   2-22  special nuclear material, and naturally occurring radioactive
   2-23  material waste as those terms are defined by Section 401.003, but
   2-24  does not include oil and gas NORM waste as that term is defined by
   2-25  Section 401.003.
    3-1        Sec. 401.415.  OIL AND GAS NORM WASTE.  (a)  Notwithstanding
    3-2  any other provision of this chapter, the Railroad Commission of
    3-3  Texas has sole authority to regulate and issue licenses, permits,
    3-4  and orders for the disposal of oil and gas NORM waste.  The
    3-5  Railroad Commission of Texas may adopt any rules reasonably
    3-6  necessary to exercise its authority under this section.
    3-7        (b)  The Railroad Commission of Texas may enforce this
    3-8  section or any rule, order, license, or permit adopted or issued
    3-9  under this section in the manner and subject to the conditions
   3-10  provided in Title 3 of the Natural Resources Code, including the
   3-11  authority to seek and obtain civil penalties and injunctive relief
   3-12  as provided in that title.
   3-13        (c)  The Railroad Commission of Texas shall consult with the
   3-14  department and the Texas Natural Resource Conservation Commission
   3-15  as appropriate regarding administration of this section.  <The
   3-16  Texas Natural Resource Conservation Commission shall consult with
   3-17  the Railroad Commission of Texas before adopting any rules
   3-18  necessary to exercise its authority over the regulation of
   3-19  naturally occurring radioactive materials (NORM) that occur from
   3-20  the exploration and production of oil and gas.  The Texas Natural
   3-21  Resource Conservation Commission and the Railroad Commission of
   3-22  Texas shall adopt a memorandum of understanding defining their
   3-23  respective enforcement duties, with preference given to enforcement
   3-24  by the Railroad Commission of Texas for the enforcement of
   3-25  oil-related and gas-related NORM activities.>
    4-1        SECTION 3.  Section 401.415, Health and Safety Code, is
    4-2  amended by adding Subsection (c) to read as follows:
    4-3        (c)  To ensure that the State of Texas retains its Agreement
    4-4  Status with the U.S. Nuclear Regulatory Commission, and to ensure
    4-5  that radioactive materials are managed consistently to protect the
    4-6  public health and safety and the environment, the Railroad
    4-7  Commission of Texas shall issue rules on the management of oil and
    4-8  gas NORM by January 1, 1995, and in so doing shall consult with the
    4-9  Texas Natural Resource Conservation Commission and the Department
   4-10  of Health regarding protection of the public health and the
   4-11  environment.  The rules of the railroad commission shall provide
   4-12  protection for public health, safety, and the environment
   4-13  equivalent to the protection provided by rules applicable to
   4-14  disposal of other NORM wastes having similar properties,
   4-15  quantities, and distribution, although the approved methods and
   4-16  sites for disposing of oil and gas NORM wastes may be different
   4-17  from those approved for other NORM wastes.
   4-18        SECTION 4.  The importance of this legislation and the
   4-19  crowded condition of the calendars in both houses create an
   4-20  emergency and an imperative public necessity that the
   4-21  constitutional rule requiring bills to be read on three several
   4-22  days in each house be suspended, and this rule is hereby suspended,
   4-23  and that this Act take effect and be in force from and after its
   4-24  passage, and it is so enacted.