By Chisum H.B. No. 1099
77R3652 MI-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 401.108 and 401.110, Health and Safety
1-18 Code, are amended to read as follows:
1-19 Sec. 401.108. FINANCIAL QUALIFICATIONS. (a) Before a
1-20 license is issued or renewed by the [department or] commission, the
1-21 applicant shall demonstrate to the commission [issuing agency] that
1-22 the applicant is financially qualified to conduct the licensed
1-23 activity, including any required decontamination, decommissioning,
1-24 reclamation, and disposal. The board by rule may require an
2-1 applicant to demonstrate to the department that the applicant is
2-2 financially qualified to conduct the licensed activity, including
2-3 any required decontamination, decommissioning, reclamation, and
2-4 disposal, before the department issues or renews a license.
2-5 (b) A license holder shall submit to the department or
2-6 commission, as appropriate [issuing agency], at intervals required
2-7 by board or commission [issuing agency] rules or the license, proof
2-8 of the license holder's financial qualifications.
2-9 (c) The commission shall reevaluate every five years the
2-10 qualifications and security provided by a license holder under
2-11 Subchapter F [or Subchapter G]. The reevaluation may coincide with
2-12 license renewal procedures if renewal and reevaluation occur in the
2-13 same year.
2-14 Sec. 401.110. DETERMINATION ON LICENSE. In making a
2-15 determination whether to grant, deny, amend, renew, revoke,
2-16 suspend, or restrict a license or registration, the department or
2-17 commission may consider those aspects of an applicant's or license
2-18 holder's background that bear materially on the ability to fulfill
2-19 the obligations of licensure, including technical competence,
2-20 financial qualifications, and the applicant's or license holder's
2-21 record in areas involving radiation.
2-22 SECTION 3. Section 401.301, Health and Safety Code, is
2-23 amended by adding Subsections (d) and (e) to read as follows:
2-24 (d) The department may require that each person who holds a
2-25 specific license issued by the department annually pay to the
2-26 department an additional five percent of the appropriate annual fee
2-27 set under Subsection (b). Fees collected under this subsection
3-1 shall be deposited to the credit of the radiation and perpetual
3-2 care fund. The fees are not refundable.
3-3 (e) The department shall suspend assessment of a fee imposed
3-4 under Subsection (b) if the amount of fees collected under that
3-5 subsection reaches $500,000. If the balance of fees collected
3-6 subsequently is reduced to $350,000 or less, the department shall
3-7 reinstitute assessment of the fee until the balance reaches
3-8 $500,000.
3-9 SECTION 4. Section 401.305, Health and Safety Code, is
3-10 amended by amending Subsection (b) and adding Subsections (e), (f),
3-11 and (g) 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(a)-(c) [401.301] and
3-17 401.302. Interest earned on money in the fund shall be credited to
3-18 the fund.
3-19 (e) The department may use money in the fund to pay for
3-20 measures:
3-21 (1) to prevent or mitigate the adverse effects of
3-22 abandonment of radioactive materials, default on a lawful
3-23 obligation, insolvency, or other inability by the holder of a
3-24 license issued by the department to meet the requirements of this
3-25 chapter or department rules; and
3-26 (2) to assure the protection of the public health and
3-27 safety and the environment from the adverse effects of ionizing
4-1 radiation.
4-2 (f) The department may provide, by the terms of a contract
4-3 or lease entered into between the department and any person or by
4-4 the terms of a license issued by the department to any person, for
4-5 the decontamination, closure, decommissioning, reclamation,
4-6 surveillance, or other care of a site or facility subject to
4-7 department jurisdiction under this chapter as needed to carry out
4-8 the purpose of this chapter.
4-9 (g) The existence of the radiation and perpetual care fund
4-10 does not make the department liable for the costs of
4-11 decontamination, transfer, transportation, reclamation,
4-12 surveillance, or disposal of radioactive material arising from a
4-13 license holder's abandonment of radioactive material, default on a
4-14 lawful obligation, insolvency, or inability to meet the
4-15 requirements of this chapter or department rules.
4-16 SECTION 5. Section 401.381(a), Health and Safety Code, is
4-17 amended to read as follows:
4-18 (a) A person who causes, suffers, allows, or permits a
4-19 violation of [violates] this chapter, a department rule or order,
4-20 or a license or registration condition is subject to a civil
4-21 penalty of not less than $100 or more than $25,000 for each
4-22 violation and for each day that a continuing violation occurs.
4-23 SECTION 6. Section 401.384(a), Health and Safety Code, is
4-24 amended to read as follows:
4-25 (a) The department may assess an administrative [a civil]
4-26 penalty as provided by this section and Sections 401.385-401.390
4-27 [401.385-401.391] against a person who causes, suffers, allows, or
5-1 permits a violation of [violates] a provision of this chapter
5-2 relating to an activity under the department's jurisdiction, a rule
5-3 or order adopted by the department under this chapter, or a
5-4 condition of a license or registration issued by the department
5-5 under this chapter.
5-6 SECTION 7. Section 401.385, Health and Safety Code, is
5-7 amended to read as follows:
5-8 Sec. 401.385. PRELIMINARY REPORT OF VIOLATION. If the
5-9 department, after an investigation, concludes that a violation
5-10 relating to an activity under its jurisdiction has occurred, the
5-11 department may issue a preliminary report:
5-12 (1) stating the facts that support the conclusion;
5-13 (2) recommending that an administrative [a civil]
5-14 penalty under Section 401.384 be imposed; and
5-15 (3) recommending the amount of the penalty, which
5-16 shall be based on the seriousness of the violation as determined
5-17 from the facts surrounding the violation.
5-18 SECTION 8. Sections 401.388(d) and (f), Health and Safety
5-19 Code, are amended to read as follows:
5-20 (d) Based on the findings of fact and the recommendations of
5-21 the hearing examiner, the commissioner by order may find that a
5-22 violation has occurred and assess an administrative [a civil]
5-23 penalty or may find that no violation occurred.
5-24 (f) The commissioner shall give notice to the person charged
5-25 of the commissioner's decision, and if the commissioner finds that
5-26 a violation has occurred and an administrative [a civil] penalty
5-27 has been assessed, the commissioner shall give to the person
6-1 charged written notice of:
6-2 (1) the commissioner's findings;
6-3 (2) the amount of the penalty; and
6-4 (3) the person's right to judicial review of the
6-5 commissioner's order.
6-6 SECTION 9. Section 401.430, Health and Safety Code, is
6-7 amended to read as follows:
6-8 Sec. 401.430. INSPECTIONS. (a) The department shall
6-9 inspect each mammography system that has not been fully certified
6-10 under the Mammography Quality Standards Act of 1992 (42 U.S.C.
6-11 Section 263b) not later than the 60th day after the date the
6-12 certification under this subchapter is issued.
6-13 (b) The board by rule shall establish the routine inspection
6-14 frequency for mammography systems that receive [department shall
6-15 inspect, at least once annually, each mammography system that
6-16 receives a] certification under this subchapter.
6-17 (c) [To protect the public health, the department may
6-18 conduct more frequent inspections than required under this section.]
6-19 [(d)] The department shall make reasonable attempts to
6-20 coordinate inspections under this section with other inspections
6-21 required under this chapter for the facility where the mammography
6-22 system is used.
6-23 (d) [(e)] After each satisfactory inspection, the department
6-24 shall issue a certificate of inspection for each mammography system
6-25 inspected. The certificate of inspection must be posted at a
6-26 conspicuous place on or near the place where the mammography system
6-27 is used. The certificate of inspection shall:
7-1 (1) specifically identify the mammography system
7-2 inspected;
7-3 (2) state the name and address of the facility where
7-4 the mammography system was used at the time of the inspection; and
7-5 (3) state the date of the inspection.
7-6 (e) [(f)] A notice of a mammography system's failure to
7-7 satisfy department standards shall be posted:
7-8 (1) on the mammography system at a conspicuous place
7-9 if the system is a machine; or
7-10 (2) near the place where the mammography system
7-11 practices if the system is an individual.
7-12 (f) [(g)] If a facility's mammography system fails to meet
7-13 the department's certification standards and the failure is a
7-14 Severity Level I violation under the department's rules, the
7-15 facility shall notify each patient on whom the facility performed a
7-16 mammography during the 30 days preceding the date of the inspection
7-17 that revealed the failure. The facility shall:
7-18 (1) inform the patient that the mammography system
7-19 failed to satisfy the department's certification standards;
7-20 (2) recommend that the patient have another mammogram
7-21 performed at a facility with a certified mammography system; and
7-22 (3) list the three facilities closest to the original
7-23 testing facility that have a certified mammography system.
7-24 (g) [(h)] In addition to the requirement of Subsection (f)
7-25 [(g)], the department may require a facility to notify a patient of
7-26 any other failure of the facility's mammography system to meet the
7-27 department's certification standards.
8-1 (h) [(i)] To protect the public health, the board may adopt
8-2 rules concerning the grounds for posting a failure notice and the
8-3 placement and size of the failure notice, and for patient
8-4 notification under Subsections (f) [(g)] and (g) [(h)], as
8-5 appropriate.
8-6 SECTION 10. (a) This Act takes effect September 1, 2001.
8-7 (b) Section 401.305(b), Health and Safety Code, as amended
8-8 by this Act, applies only to the deposit of an administrative
8-9 penalty collected under Sections 401.384-401.390, Health and Safety
8-10 Code, on or after the effective date of this Act. An
8-11 administrative penalty collected under Sections 401.384-401.390,
8-12 Health and Safety Code, before the effective date of this Act shall
8-13 be deposited as provided by the law as it existed immediately
8-14 before the effective date of this Act, and that law is continued in
8-15 effect for that purpose.
8-16 (c) Sections 401.381(a) and 401.384(a), Health and Safety
8-17 Code, as amended by this Act, apply only to a violation committed
8-18 on or after the effective date of this Act. For purposes of this
8-19 section, a violation is committed before the effective date of this
8-20 Act if any element of the violation occurs before that date.
8-21 (d) The Texas Department of Health may not collect the fee
8-22 authorized by Section 401.301(d), Health and Safety Code, as added
8-23 by this Act, as part of a fee any part of which was due before the
8-24 effective date of this Act.