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.