75R11663 SMH-F
By Chisum H.B. No. 1426
Substitute the following for H.B. No. 1426:
By Jackson C.S.H.B. No. 1426
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of radioactive materials and other
1-3 sources of radiation and to the disposal of radioactive waste.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 401.106 and 401.110, Health and Safety
1-6 Code, are amended to read as follows:
1-7 Sec. 401.106. EXEMPTION FROM LICENSING OR REGISTRATION
1-8 REQUIREMENTS OR FROM APPLICATION OF RULE. (a) The board by rule
1-9 may exempt a source of radiation or a kind of use or user from the
1-10 licensing or registration requirements provided by this chapter if
1-11 the board finds that the exemption of that source of radiation or
1-12 kind of use or user will not constitute a significant risk to the
1-13 public health and safety and the environment.
1-14 (b) The department or commission, as applicable, may exempt
1-15 a source of radiation or a kind of use or user from the application
1-16 of a rule adopted by the agency under this chapter if the agency
1-17 determines that the exemption:
1-18 (1) is not prohibited by law; and
1-19 (2) will not result in an undue hazard to public
1-20 health and safety, property, or the environment.
1-21 Sec. 401.110. DETERMINATION ON LICENSE. In making a
1-22 determination whether to grant, deny, amend, revoke, suspend, or
1-23 restrict a license or registration, the department or commission
1-24 may consider those aspects of an applicant's or license holder's
2-1 background that bear materially on the ability to fulfill the
2-2 obligations of licensure, including technical competence, financial
2-3 qualifications, and the applicant's or license holder's record in
2-4 areas involving radiation.
2-5 SECTION 2. Section 401.305(b), Health and Safety Code, is
2-6 amended to read as follows:
2-7 (b) The department and commission each shall deposit to the
2-8 credit of the fund money and security they receive under this
2-9 chapter, including an administrative penalty collected under
2-10 Sections 401.384-401.390 but excluding [other than] fees collected
2-11 under Sections 401.301 and 401.302. Interest earned on money in
2-12 the fund shall be credited to the fund.
2-13 SECTION 3. Section 401.384(a), Health and Safety Code, is
2-14 amended to read as follows:
2-15 (a) The department or commission may assess an
2-16 administrative [a civil] penalty as provided by this section and
2-17 Sections 401.385-401.390 [401.385-401.391] against a person who
2-18 violates a provision of this chapter relating to an activity under
2-19 the agency's jurisdiction, a rule or order adopted by the agency
2-20 under this chapter, or a condition of a license or registration
2-21 issued by the agency under this chapter.
2-22 SECTION 4. Section 401.385, Health and Safety Code, is
2-23 amended to read as follows:
2-24 Sec. 401.385. PRELIMINARY REPORT OF VIOLATION. If the
2-25 department or commission, after an investigation, concludes that a
2-26 violation relating to an activity under its jurisdiction has
2-27 occurred, the agency may issue a preliminary report:
3-1 (1) stating the facts that support the conclusion;
3-2 (2) recommending that an administrative [a civil]
3-3 penalty under Section 401.384 be imposed; and
3-4 (3) recommending the amount of the penalty, which
3-5 shall be based on the seriousness of the violation as determined
3-6 from the facts surrounding the violation.
3-7 SECTION 5. Sections 401.388(d) and (f), Health and Safety
3-8 Code, are amended to read as follows:
3-9 (d) Based on the findings of fact and the recommendations of
3-10 the hearing examiner, the commissioner or the commission, as
3-11 appropriate, by order may find that a violation has occurred and
3-12 assess an administrative [a civil] penalty or may find that no
3-13 violation occurred.
3-14 (f) The commissioner or the commission, as appropriate,
3-15 shall give notice to the person charged of the commissioner's or
3-16 the commission's decision, and if the commissioner or the
3-17 commission, as appropriate, finds that a violation has occurred and
3-18 an administrative [a civil] penalty has been assessed, the
3-19 commissioner or the commission, as appropriate, shall give to the
3-20 person charged written notice of:
3-21 (1) the commissioner's or the commission's findings;
3-22 (2) the amount of the penalty; and
3-23 (3) the person's right to judicial review of the
3-24 commissioner's or the commission's order.
3-25 SECTION 6. Subchapter J, Chapter 401, Health and Safety
3-26 Code, is amended by adding Section 401.393 to read as follows:
3-27 Sec. 401.393. PROHIBITION ON CAUSING OR ALLOWING VIOLATION.
4-1 A person may not cause or allow a violation of this chapter, a rule
4-2 adopted under this chapter, or an order, license, or certificate of
4-3 registration issued by the department or commission under this
4-4 chapter.
4-5 SECTION 7. Section 401.108, Health and Safety Code, is
4-6 repealed.
4-7 SECTION 8. (a) Section 401.305(b), Health and Safety Code,
4-8 as amended by this Act, applies only to the deposit of an
4-9 administrative penalty collected under Sections 401.384-401.390,
4-10 Health and Safety Code, on or after the effective date of this Act.
4-11 An administrative penalty collected under Sections 401.384-401.390,
4-12 Health and Safety Code, before the effective date of this Act shall
4-13 be deposited as provided by the law as it existed immediately
4-14 before the effective date of this Act, and that law is continued in
4-15 effect for that purpose.
4-16 (b) Section 401.393, Health and Safety Code, as added by
4-17 this Act, applies only to a violation committed on or after the
4-18 effective date of this Act. For purposes of this section, a
4-19 violation is committed before the effective date of this Act if any
4-20 element of the violation occurs before that date.
4-21 SECTION 9. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended,
4-26 and that this Act take effect and be in force from and after its
4-27 passage, and it is so enacted.