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.