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.
    1-4        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