Amend HB 1172 by adding a new SECTION 5 and a new SECTION 6
to read as follows and renumbering the subsequent sections
appropriately:
      SECTION 5.  Section 401.104, Health and Safety Code, is
amended by amending Subsection (a) and (b) and adding Subsection
(e) to read as follows:
      (a)  Except as provided by Subsections <Subsection> (b) and
(e), the board by rule shall provide for the general or specific
licensing of:
            (1)  radioactive material; or
            (2)  devices or equipment using radioactive material.
      (b)  Except as provided by Subsection (e), the <The>
commission by rule shall provide for licensing for the disposal of
radioactive material except by-product material defined by Section
401.003(3)(B).  The department by rule shall provide for licensing
the disposal of by-product material defined by Section
401.003(3)(B).
      (e)  The board or commission may not require a license for a
person that is a party to an order issued under Section 361.188 or
361.272 for sites subject to Subchapter F, Chapter 361, or an
agreement entered into under Section 361.606.  This subsection does
not exempt the person from complying with technical standards that
a holder of a license otherwise required by this chapter for the
particular activity is required to meet.  The exemption granted by
this subsection applies only to the assessment and remediation of
the contamination at the site.
      SECTION 6.  Section 401.106, Health and Safety Code, is
amended to read as follows:
      Sec. 401.106.  EXEMPTION FROM LICENSING OR REGISTRATION
REQUIREMENTS OR FROM APPLICATION OF RULE.  (a)  The board by rule
may exempt a source of radiation or a kind of use or user from the
licensing or registration requirements provided by this chapter if
the board finds that the exemption of that source of radiation or
kind of use or user will not constitute a significant risk to the
public health and safety and the environment.
      (b)  The department or commission, as applicable, may exempt
a source of radiation or a kind of use or user from the application
of a rule adopted by the department or commission under this
chapter if the department or commission, respectively, determines
that the exemption:
            (1)  is not prohibited by law; and
            (2)  will not result in a significant risk to public
health and safety and the environment.
      (c)  Notwithstanding any other law, the commission may, on
request or its own initiative, authorize on-site disposal of
low-level radioactive waste on a specific basis at any site at
which low-level radioactive waste disposal operations began before
September 1, 1989, if after evaluation of the specific
characteristics of the waste, the disposal site, and the method of
disposal, the commission finds that the continuation of the
disposal activity will not constitute a significant risk to the
public health and safety and to the environment.