By Chisum H.B. No. 2293
74R7604 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of sources of radiation.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 401.003(13), Health and Safety Code, is
1-5 amended to read as follows:
1-6 (13) "Person" has the meaning assigned by Section
1-7 311.005, Government Code, and includes a legal successor to or
1-8 representative, agent, or agency of any person but does not include
1-9 the commission and federal agencies the commission licenses or
1-10 exempts.
1-11 SECTION 2. Section 401.106, Health and Safety Code, is
1-12 amended to read as follows:
1-13 Sec. 401.106. Exemption From Licensing or Registration
1-14 Requirements. (a) The board by rule may exempt a source of
1-15 radiation or a kind of use or user from the licensing or
1-16 registration requirements provided by this chapter if the board
1-17 finds that the exemption of that source of radiation or kind of use
1-18 or user will not constitute a significant risk to the public health
1-19 and safety and the environment.
1-20 (b) The department, on receipt of an application or on its
1-21 own initiative, may exempt a source of radiation or a kind of use
1-22 or user from the application of a rule adopted by the board under
1-23 this chapter if the department determines that the exemption is not
1-24 prohibited by law and will not result in an undue hazard to public
2-1 health and safety, to property, or to the environment.
2-2 SECTION 3. Section 401.109, Health and Safety Code, is
2-3 amended by adding a new Subsection (c) and relettering and amending
2-4 existing Subsection (c) to read as follows:
2-5 (c) The department or commission may reevaluate every five
2-6 years the qualifications and security provided by a license holder
2-7 under Subchapter F or G. The reevaluation may coincide with
2-8 license renewal procedures if renewal and reevaluation occur in the
2-9 same year.
2-10 (d) In this section "security" includes:
2-11 (1) a cash deposit;
2-12 (2) a surety bond;
2-13 (3) a certificate of deposit;
2-14 (4) an irrevocable letter of credit;
2-15 (5) a deposit of government securities; and
2-16 (6) other security acceptable to the agency
2-17 <department>.
2-18 SECTION 4. Subchapter J, Chapter 401, Health and Safety
2-19 Code, is amended by adding Section 401.3811 to read as follows:
2-20 Sec. 401.3811. PROHIBITED ACTIVITIES. A person may not:
2-21 (1) possess, store, handle, transfer, transport,
2-22 process, or dispose of a source of radiation in violation of this
2-23 chapter, a rule adopted under this chapter, or an order, license,
2-24 or certificate of registration issued by the department or
2-25 commission under this chapter; or
2-26 (2) cause or allow the possession, storage, handling,
2-27 transfer, transportation, processing, or disposal of a source of
3-1 radiation in violation of this chapter, a rule adopted under this
3-2 chapter, or an order, license, or certificate of registration
3-3 issued by the department or commission under this chapter.
3-4 SECTION 5. Section 401.108, Health and Safety Code, is
3-5 repealed.
3-6 SECTION 6. This Act takes effect September 1, 1995.
3-7 SECTION 7. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.
3-12 COMMITTEE AMENDMENT NO. 1
3-13 Amend House Bill 2293 on page 2, line 20, by deleting the
3-14 word "A" and inserting the following in its place:
3-15 Except as provided in Section 401.415 of this chapter, a
3-16 Glaze
3-17 COMMITTEE AMENDMENT NO. 2
3-18 Amend House Bill 2293 as follows:
3-19 On page 3, beginning on Line 6, add the following new
3-20 Sections 6, 7 and 8, and renumber subsequent Sections accordingly.
3-21 SECTION 6. Section 401.208, Health and Safety Code, is
3-22 amended to read as follows:
3-23 Sec. 401.208. Limitation on Certain Radioactive Waste
3-24 Disposal. <(a)> A license holder may not accept for disposal
3-25 under a license issued by the Texas Natural Resource Conservation
3-26 Commission <department>:
3-27 (1) high-level radioactive waste as defined by Title
4-1 10, Code of Federal Regulations;
4-2 (2) irradiated reactor fuel or spent nuclear fuel; or
4-3 (3) radioactive waste that contains <10 or more
4-4 nanocuries per gram of> transuranics in concentrations greater than
4-5 those allowed by Title 10, Code of Federal Regulations.
4-6 <(b) The board by rule shall adopt special criteria for the
4-7 disposal of radioactive waste with a half-life greater than 35
4-8 years and radioactive waste that contains less than 10 nanocuries
4-9 per gram of transuranics.>
4-10 SECTION 7. Section 401.003(3)(B), Health and Safety Code, is
4-11 amended to read as follows:
4-12 (3) "By-product material" means:
4-13 (B) tailings or wastes produced by or resulting
4-14 from the extraction or concentration of uranium or thorium from ore
4-15 processed primarily for its source material content, including
4-16 discrete surface wastes resulting from uranium solution extraction
4-17 process<, and other tailings having similar radiological
4-18 characteristics>.
4-19 SECTION 8. Section 402.003(6), Health and Safety Code, is
4-20 amended to read as follows:
4-21 (6) "Low-level waste":
4-22 (A) means that radioactive material defined by
4-23 Title 10, Code of Federal Regulations, as low-level radioactive
4-24 waste and subject to:
4-25 (i) the classification and characteristics
4-26 established under Title 10, Code of Federal Regulations, and by the
4-27 department or Texas Natural Resource Conservation Commission within
5-1 its respective jurisdiction; and
5-2 (ii) the disposal criteria established
5-3 under Title 10, Code of Federal Regulations, and by the Texas
5-4 Natural Resource Conservation Commission; or
5-5 (B) naturally-occurring and accelerator produced
5-6 radioactive material and oil and gas NORM waste which is not
5-7 subject to regulation by the U.S. Nuclear Regulatory Commission
5-8 under the Atomic Energy Act of 1954, as amended, and that is
5-9 suitable for land disposal under this chapter. <that has a
5-10 half-life of 35 years or less or fewer than 10 nanocuries per gram
5-11 of transuranics, and may include radioactive material not excluded
5-12 by this subdivision with a half-life of more than 35 years if
5-13 special criteria for disposal of that waste are established by the
5-14 department.> The term does not include irradiated reactor fuel,
5-15 <and> high-level radioactive waste, or spent fuel as defined by
5-16 Title 10, Code of Federal Regulations.
5-17 Hirschi