By Earley                                             H.B. No. 2623
          Substitute the following for H.B. No. 2623:
          By Earley                                         C.S.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, other
    1-9  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 by
   1-13  department rule adopted under Section 401.106 of this chapter; or
   1-14              (B)  would require processing before it could have a
   1-15  beneficial reuse.
   1-16        (24)  "Naturally occurring radioactive material waste" or
   1-17  "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 emits
   1-21  radiation;
   1-22              (B)  is discarded or unwanted; and
   1-23              (C)  is not exempt by department rule adopted under
    2-1  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 emits
    2-6  radiation;
    2-7              (B)  is discarded or unwanted;
    2-8              (C)  is not exempt by department rule adopted under
    2-9  Section 401.106 of this chapter; and
   2-10              (D)  constitutes, is contained in, or has contaminated
   2-11  oil and gas waste as that term is defined in Section 91.1011 of the
   2-12  Natural Resources Code.
   2-13        SECTION 2.  Chapter 401, Health and Safety Code, is amended
   2-14  by amending the caption of Subchapter K and amending Sections
   2-15  401.411 and 401.415 to read as follows:
   2-16        SUBCHAPTER K.  LICENSING AUTHORITY OF THE TEXAS NATURAL
   2-17  RESOURCE CONSERVATION COMMISSION AND THE RAILROAD COMMISSION OF
   2-18  TEXAS.
   2-19        Sec. 401.411.  Definition.  In this subchapter:
   2-20        (1)  "Radioactive substance" includes by-product material,
   2-21  radioactive material, radioactive waste, source material, source of
   2-22  radiation, <and> special nuclear material, and naturally occurring
   2-23  radioactive material waste as those terms are defined by Section
   2-24  401.003, but does not include oil and gas NORM waste as that term
   2-25  is defined by Section 401.003.
    3-1        Sect. 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.  The importance of this legislation and the
    4-2  crowded condition of the calendars in both houses create an
    4-3  emergency and an imperative public necessity that the
    4-4  constitutional rule requiring bills to be read on three several
    4-5  days in each house be suspended, and this rule is hereby suspended,
    4-6  and that this Act take effect and be in force from and after its
    4-7  passage, and it is so enacted.