76R7711 MI-D
By Chisum H.B. No. 1171
Substitute the following for H.B. No. 1171:
By Allen C.S.H.B. No. 1171
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulation of radioactive materials and other sources
1-3 of radiation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 401.003(17), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (17) "Radiation" means one or more of the following:
1-8 (A) gamma-rays and X-rays, alpha and beta
1-9 particles, and other atomic or nuclear particles or rays;
1-10 (B) [stimulated] emission of radiation from an
1-11 electronic device to energy density levels that could reasonably
1-12 cause bodily harm; or
1-13 (C) sonic, ultrasonic, or infrasonic waves
1-14 emitted from an electronic device or resulting from the operation
1-15 of an electronic circuit in an electronic device in the energy
1-16 range to reasonably cause detectable bodily harm.
1-17 SECTION 2. Sections 401.106, 401.108, and 401.110, Health
1-18 and Safety Code, are amended to read as follows:
1-19 Sec. 401.106. EXEMPTION FROM LICENSING OR REGISTRATION
1-20 REQUIREMENTS OR FROM APPLICATION OF RULE. (a) The board by rule
1-21 may exempt a source of radiation or a kind of use or user from the
1-22 licensing or registration requirements provided by this chapter if
1-23 the board finds that the exemption of that source of radiation or
1-24 kind of use or user will not constitute a significant risk to the
2-1 public health and safety and the environment.
2-2 (b) The department or commission, as applicable, may exempt
2-3 a source of radiation or a kind of use or user from the application
2-4 of a rule adopted by the department or commission under this
2-5 chapter if the department or commission, respectively, determines
2-6 that the exemption:
2-7 (1) is not prohibited by law; and
2-8 (2) will not result in a significant risk to public
2-9 health and safety and the environment.
2-10 Sec. 401.108. FINANCIAL QUALIFICATIONS. (a) Before a
2-11 license is issued or renewed by the [department or] commission, the
2-12 applicant shall demonstrate to the commission [issuing agency] that
2-13 the applicant is financially qualified to conduct the licensed
2-14 activity, including any required decontamination, decommissioning,
2-15 reclamation, and disposal. The board by rule may require an
2-16 applicant to demonstrate to the department that the applicant is
2-17 financially qualified to conduct the licensed activity, including
2-18 any required decontamination, decommissioning, reclamation, and
2-19 disposal, before the department issues or renews a license.
2-20 (b) A license holder shall submit to the department or
2-21 commission, as appropriate [issuing agency], at intervals required
2-22 by board or commission [issuing agency] rules or the license, proof
2-23 of the license holder's financial qualifications.
2-24 (c) The commission shall reevaluate every five years the
2-25 qualifications and security provided by a license holder under
2-26 Subchapter F [or Subchapter G]. The reevaluation may coincide with
2-27 license renewal procedures if renewal and reevaluation occur in the
3-1 same year.
3-2 Sec. 401.110. DETERMINATION ON LICENSE. In making a
3-3 determination whether to grant, deny, amend, renew, revoke,
3-4 suspend, or restrict a license or registration, the department or
3-5 commission may consider those aspects of an applicant's or license
3-6 holder's background that bear materially on the ability to fulfill
3-7 the obligations of licensure, including technical competence,
3-8 financial qualifications, and the applicant's or license holder's
3-9 record in areas involving radiation.
3-10 SECTION 3. Section 401.305(b), Health and Safety Code, is
3-11 amended to read as follows:
3-12 (b) The department and commission each shall deposit to the
3-13 credit of the fund money and security they receive under this
3-14 chapter, including an administrative penalty collected by the
3-15 department under Sections 401.384-401.390 but excluding [other
3-16 than] fees collected under Sections 401.301 and 401.302. Interest
3-17 earned on money in the fund shall be credited to the fund.
3-18 SECTION 4. Section 401.381(a), Health and Safety Code, is
3-19 amended to read as follows:
3-20 (a) A person who causes, suffers, allows, or permits a
3-21 violation of [violates] this chapter, a department rule or order,
3-22 or a license or registration condition is subject to a civil
3-23 penalty of not less than $100 or more than $25,000 for each
3-24 violation and for each day that a continuing violation occurs.
3-25 SECTION 5. Section 401.384(a), Health and Safety Code, is
3-26 amended to read as follows:
3-27 (a) The department may assess an administrative [a civil]
4-1 penalty as provided by this section and Sections 401.385-401.390
4-2 [401.385-401.391] against a person who causes, suffers, allows, or
4-3 permits a violation of [violates] a provision of this chapter
4-4 relating to an activity under the department's jurisdiction, a rule
4-5 or order adopted by the department under this chapter, or a
4-6 condition of a license or registration issued by the department
4-7 under this chapter.
4-8 SECTION 6. Section 401.385, Health and Safety Code, is
4-9 amended to read as follows:
4-10 Sec. 401.385. PRELIMINARY REPORT OF VIOLATION. If the
4-11 department, after an investigation, concludes that a violation
4-12 relating to an activity under its jurisdiction has occurred, the
4-13 department may issue a preliminary report:
4-14 (1) stating the facts that support the conclusion;
4-15 (2) recommending that an administrative [a civil]
4-16 penalty under Section 401.384 be imposed; and
4-17 (3) recommending the amount of the penalty, which
4-18 shall be based on the seriousness of the violation as determined
4-19 from the facts surrounding the violation.
4-20 SECTION 7. Sections 401.388(d) and (f), Health and Safety
4-21 Code, are amended to read as follows:
4-22 (d) Based on the findings of fact and the recommendations of
4-23 the hearing examiner, the commissioner by order may find that a
4-24 violation has occurred and assess an administrative [a civil]
4-25 penalty or may find that no violation occurred.
4-26 (f) The commissioner shall give notice to the person charged
4-27 of the commissioner's decision, and if the commissioner finds that
5-1 a violation has occurred and an administrative [a civil] penalty
5-2 has been assessed, the commissioner shall give to the person
5-3 charged written notice of:
5-4 (1) the commissioner's findings;
5-5 (2) the amount of the penalty; and
5-6 (3) the person's right to judicial review of the
5-7 commissioner's order.
5-8 SECTION 8. (a) This Act takes effect September 1, 1999.
5-9 (b) Section 401.305(b), Health and Safety Code, as amended
5-10 by this Act, applies only to the deposit of an administrative
5-11 penalty collected under Sections 401.384-401.390, Health and Safety
5-12 Code, on or after the effective date of this Act. An
5-13 administrative penalty collected under Sections 401.384-401.390,
5-14 Health and Safety Code, before the effective date of this Act shall
5-15 be deposited as provided by the law as it existed immediately
5-16 before the effective date of this Act, and that law is continued in
5-17 effect for that purpose.
5-18 (c) Sections 401.381(a) and 401.384(a), Health and Safety
5-19 Code, as amended by this Act, apply only to a violation committed
5-20 on or after the effective date of this Act. For purposes of this
5-21 section, a violation is committed before the effective date of this
5-22 Act if any element of the violation occurs before that date.
5-23 SECTION 9. The importance of this legislation and the
5-24 crowded condition of the calendars in both houses create an
5-25 emergency and an imperative public necessity that the
5-26 constitutional rule requiring bills to be read on three several
5-27 days in each house be suspended, and this rule is hereby suspended.