By Chisum H.B. No. 1171
76R2644 MXM-F
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 and 401.110, Health and Safety
1-18 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 determines that the
2-6 exemption:
2-7 (1) is not prohibited by law; and
2-8 (2) will not result in an undue hazard to public
2-9 health and safety, property, or the environment.
2-10 Sec. 401.110. DETERMINATION ON LICENSE. In making a
2-11 determination whether to grant, deny, amend, revoke, suspend, or
2-12 restrict a license or registration, the department or commission
2-13 may consider those aspects of an applicant's or license holder's
2-14 background that bear materially on the ability to fulfill the
2-15 obligations of licensure, including technical competence, financial
2-16 qualifications, and the applicant's or license holder's record in
2-17 areas involving radiation.
2-18 SECTION 3. Section 401.305(b), Health and Safety Code, is
2-19 amended to read as follows:
2-20 (b) The department and commission each shall deposit to the
2-21 credit of the fund money and security they receive under this
2-22 chapter, including an administrative penalty collected under
2-23 Sections 401.384-401.390 but excluding [other than] fees collected
2-24 under Sections 401.301 and 401.302. Interest earned on money in
2-25 the fund shall be credited to the fund.
2-26 SECTION 4. Section 401.381(a), Health and Safety Code, is
2-27 amended to read as follows:
3-1 (a) A person who causes, suffers, allows, or permits a
3-2 violation of [violates] this chapter, a department rule or order,
3-3 or a license or registration condition is subject to a civil
3-4 penalty of not less than $100 or more than $25,000 for each
3-5 violation and for each day that a continuing violation occurs.
3-6 SECTION 5. Section 401.384(a), Health and Safety Code, is
3-7 amended to read as follows:
3-8 (a) The department may assess an administrative [a civil]
3-9 penalty as provided by this section and Sections 401.385-401.390
3-10 [401.385-401.391] against a person who causes, suffers, allows, or
3-11 permits a violation of [violates] a provision of this chapter
3-12 relating to an activity under the department's jurisdiction, a rule
3-13 or order adopted by the department under this chapter, or a
3-14 condition of a license or registration issued by the department
3-15 under this chapter.
3-16 SECTION 6. Section 401.385, Health and Safety Code, is
3-17 amended to read as follows:
3-18 Sec. 401.385. PRELIMINARY REPORT OF VIOLATION. If the
3-19 department, after an investigation, concludes that a violation
3-20 relating to an activity under its jurisdiction has occurred, the
3-21 department may issue a preliminary report:
3-22 (1) stating the facts that support the conclusion;
3-23 (2) recommending that an administrative [a civil]
3-24 penalty under Section 401.384 be imposed; and
3-25 (3) recommending the amount of the penalty, which
3-26 shall be based on the seriousness of the violation as determined
3-27 from the facts surrounding the violation.
4-1 SECTION 7. Sections 401.388(d) and (f), Health and Safety
4-2 Code, are amended to read as follows:
4-3 (d) Based on the findings of fact and the recommendations of
4-4 the hearing examiner, the commissioner by order may find that a
4-5 violation has occurred and assess an administrative [a civil]
4-6 penalty or may find that no violation occurred.
4-7 (f) The commissioner shall give notice to the person charged
4-8 of the commissioner's decision, and if the commissioner finds that
4-9 a violation has occurred and an administrative [a civil] penalty
4-10 has been assessed, the commissioner shall give to the person
4-11 charged written notice of:
4-12 (1) the commissioner's findings;
4-13 (2) the amount of the penalty; and
4-14 (3) the person's right to judicial review of the
4-15 commissioner's order.
4-16 SECTION 8. Section 401.108, Health and Safety Code, is
4-17 repealed.
4-18 SECTION 9. (a) This Act takes effect September 1, 1999.
4-19 (b) Section 401.305(b), Health and Safety Code, as amended
4-20 by this Act, applies only to the deposit of an administrative
4-21 penalty collected under Sections 401.384-401.390, Health and Safety
4-22 Code, on or after the effective date of this Act. An
4-23 administrative penalty collected under Sections 401.384-401.390,
4-24 Health and Safety Code, before the effective date of this Act shall
4-25 be deposited as provided by the law as it existed immediately
4-26 before the effective date of this Act, and that law is continued in
4-27 effect for that purpose.
5-1 (c) Sections 401.381(a) and 401.384(a), Health and Safety
5-2 Code, as amended by this Act, apply only to a violation committed
5-3 on or after the effective date of this Act. For purposes of this
5-4 section, a violation is committed before the effective date of this
5-5 Act if any element of the violation occurs before that date.
5-6 SECTION 10. The importance of this legislation and the
5-7 crowded condition of the calendars in both houses create an
5-8 emergency and an imperative public necessity that the
5-9 constitutional rule requiring bills to be read on three several
5-10 days in each house be suspended, and this rule is hereby suspended.