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.