By Earley                                             H.B. No. 2623
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation 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 Subdivisions (3) and (18) and by adding
    1-7  Subdivision (24) to read as follows:
    1-8              (3)  "By-product material" means:
    1-9                    (A)  a radioactive material, other than special
   1-10  nuclear material, that is produced in or made radioactive by
   1-11  exposure to radiation incident to the process of producing or using
   1-12  special nuclear material; and
   1-13                    (B)  tailings or wastes produced by or resulting
   1-14  from the extraction or concentration of uranium or thorium from ore
   1-15  processed primarily for its source material content, including
   1-16  discrete surface wastes resulting from uranium solution extraction
   1-17  processes<, and other tailings having similar radiological
   1-18  characteristics>.
   1-19              (18)  "Radioactive waste" means radioactive material,
   1-20  other than by-product material defined by Subdivision (3)(B), <or>
   1-21  uranium ore, or naturally occurring radioactive material having
   1-22  similar radiological characteristics to by-product material defined
   1-23  by Subdivision (3)(B), that:
    2-1                    (A)  is discarded or unwanted and is not exempt
    2-2  by department rule adopted under Section 401.106; or
    2-3                    (B)  would require processing before it could
    2-4  have a beneficial reuse.
    2-5              (24)  "Naturally occurring radioactive material" means
    2-6  a solid, liquid, or gaseous material or combination of materials,
    2-7  excluding source material, special nuclear material, and by-product
    2-8  material, that in its natural physical state spontaneously emits
    2-9  radiation.
   2-10        SECTION 2.  Chapter 401, Health and Safety Code, is amended
   2-11  by adding Section 401.416 to read as follows:
   2-12        Section 401.416.  OIL AND GAS NORM WASTE DISPOSAL.  Disposal
   2-13  of NORM waste, generated during the exploration or production of
   2-14  oil, gas, or other minerals, is subject to all requirements of
   2-15  Section G applicable to disposal of by-product material, except
   2-16  that disposal of such NORM by persons owning or operating a site
   2-17  that has or is generating NORM shall not be subject to the
   2-18  requirements of Section G if that NORM is disposed at properties
   2-19  owned or operated by that person.  Disposal on such properties
   2-20  shall be subject to regulations established by the Texas Water
   2-21  Commission and applicable to disposal of NORM on properties or in
   2-22  wells owned or operated by that person.
   2-23        SECTION 3.  EMERGENCY.  The importance of this legislation
   2-24  and the crowded condition of the calendars in both houses create an
   2-25  emergency and an imperative public necessity that the
    3-1  constitutional rule requiring bills to be read on three several
    3-2  days in each house be suspended, and this rule is hereby suspended.