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.