1-1 AN ACT
1-2 relating to the authority of the Railroad Commission of Texas to
1-3 regulate oil and gas NORM waste.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 401.415, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 401.415. OIL AND GAS NORM WASTE. (a) Notwithstanding
1-8 any other provision of this chapter, the Railroad Commission of
1-9 Texas:
1-10 (1) has sole authority to regulate and issue licenses,
1-11 permits, and orders for the disposal of oil and gas NORM waste; and
1-12 (2) may, in order to protect public health and safety
1-13 and the environment, require the owner or operator of oil and gas
1-14 equipment used in exploration, production, or disposal to:
1-15 (A) determine whether the equipment contains or
1-16 is contaminated with oil and gas NORM waste; and
1-17 (B) identify any equipment determined to contain
1-18 or be contaminated with oil and gas NORM.
1-19 (b) The Railroad Commission of Texas may adopt any rules
1-20 reasonably necessary to exercise its authority under this section.
1-21 (c) [(b)] The Railroad Commission of Texas may enforce this
1-22 section or any rule, order, license, or permit adopted or issued
1-23 under this section in the manner and subject to the conditions
1-24 provided in Title 3 of the Natural Resources Code, including the
1-25 authority to seek and obtain civil penalties and injunctive relief
2-1 as provided in that title.
2-2 (d) [(c)] The Railroad Commission of Texas shall consult
2-3 with the department and the Texas Natural Resource Conservation
2-4 Commission as appropriate regarding administration of this section.
2-5 (e) [(d)] To ensure that the State of Texas retains its
2-6 Agreement Status with the U.S. Nuclear Regulatory Commission, and
2-7 to ensure that radioactive materials are managed consistently to
2-8 protect the public health and safety and the environment, the
2-9 Railroad Commission of Texas shall issue rules on the management of
2-10 oil and gas NORM waste [by January 1, 1995,] and in so doing shall
2-11 consult with the Texas Natural Resource Conservation Commission and
2-12 the Department of Health regarding protection of the public health
2-13 and the environment. The rules of the railroad commission shall
2-14 provide protection for public health, safety, and the environment
2-15 equivalent to the protection provided by rules applicable to
2-16 disposal of other NORM wastes having similar properties,
2-17 quantities, and distribution, although the approved methods and
2-18 sites for disposing of oil and gas NORM wastes may be different
2-19 from those approved for other NORM wastes.
2-20 SECTION 2. This Act takes effect immediately if it receives
2-21 a vote of two-thirds of all the members elected to each house, as
2-22 provided by Section 39, Article III, Texas Constitution. If this
2-23 Act does not receive the vote necessary for immediate effect, this
2-24 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1338 passed the Senate on
April 5, 2001, by the following vote: Yeas 30, Nays 0, one
present, not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1338 passed the House on
May 8, 2001, by the following vote: Yeas 147, Nays 0, two present,
not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor