78R9229 JJT-F
By: Chisum H.B. No. 1678
A BILL TO BE ENTITLED
AN ACT
relating to the creation, management, and use of the radiation and
perpetual care account in the general revenue fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 401.003(11), Health and Safety Code, is
amended to read as follows:
(11) "Perpetual care account" ["Fund"] means the
radiation and perpetual care account [fund].
SECTION 2. Sections 401.052(d) and (e), Health and Safety
Code, are amended to read as follows:
(d) [(1)] Fees assessed under this section [shall]:
(1) may [(A)] not exceed $10 per cubic foot of
shipped low-level radioactive waste;
(2) shall [(B)] be collected by the department
[authority] and deposited to the credit of the [radiation and]
perpetual care account [fund]; [and]
(3) shall [(C)] be used exclusively by the
department for emergency planning for and response to
transportation accidents involving low-level radioactive waste;
and[.]
(4) [(2) Fee assessments under this section] shall be
suspended when the amount of fees collected reaches $500,000,
except that if the balance of fees collected is reduced to $350,000
or less, the assessments shall be reinstituted to bring the balance
of fees collected to $500,000.
(e) Money expended from the [radiation and] perpetual care
account [fund] to respond to accidents involving low-level
radioactive waste must be reimbursed to the [radiation and]
perpetual care account [fund] by the responsible shipper or
transporter according to rules adopted by the board.
SECTION 3. Section 401.109(a), Health and Safety Code, is
amended to read as follows:
(a) The department or commission may require a holder of a
license issued by the agency to provide security acceptable to the
agency to assure performance of the license holder's obligations
under this chapter. The department or commission shall deposit
security provided under this section to the credit of the perpetual
care account.
SECTION 4. Section 401.152(b), Health and Safety Code, is
amended to read as follows:
(b) The agency shall use the security provided by the
license holder to pay the costs of actions that are taken or that
are to be taken under this section. The agency shall send to the
comptroller a copy of its order together with necessary written
requests authorizing the comptroller to:
(1) enforce security supplied by the license holder;
(2) convert an amount of security into cash, as
necessary; and
(3) disburse from the security in the perpetual care
account [fund] the amount necessary to pay the costs.
SECTION 5. Section 401.270(e), Health and Safety Code, is
amended to read as follows:
(e) The department shall use the security provided by the
license holder to pay the costs of actions that are taken or that
are to be taken under this section. The department shall send to
the comptroller a copy of its order together with necessary written
requests authorizing the comptroller to:
(1) enforce security supplied by the licensee;
(2) convert an amount of security into cash, as
necessary; and
(3) disburse from the security in the perpetual care
account [fund] the amount necessary to pay the costs.
SECTION 6. Section 401.301(d), Health and Safety Code, is
amended to read as follows:
(d) The department may require that each person who holds a
specific license issued by the department annually pay to the
department an additional five percent of the appropriate annual fee
set under Subsection (b). Fees collected under this subsection
shall be deposited to the credit of the [radiation and] perpetual
care account [fund]. The fees are not refundable.
SECTION 7. Section 401.303(g), Health and Safety Code, is
amended to read as follows:
(g) If a license holder satisfies the obligations under this
chapter, the issuing agency shall have the comptroller promptly
refund to the license holder from the perpetual care account [fund]
the excess of the amount of all payments made by the license holder
to the issuing agency and the investment earnings of those payments
over the amount determined to be required for the continuing
maintenance and surveillance of land, buildings, and radioactive
material conveyed to the state.
SECTION 8. Section 401.305, Health and Safety Code, is
amended to read as follows:
Sec. 401.305. RADIATION AND PERPETUAL CARE ACCOUNT [FUND].
(a) The radiation and perpetual care account is an account in the
general revenue fund [is in the state treasury].
(b) The department and commission each shall deposit to the
credit of the perpetual care account [fund] money and security they
receive under this chapter, including an administrative penalty
collected by the department under Sections 401.384-401.390 but
excluding fees collected under Sections 401.301(a)-(c) and
401.302. Interest earned on money in the perpetual care account
[fund] shall be credited to the perpetual care account [fund].
(c) Money and security in the perpetual care account [fund]
may be administered by the department or commission only for the
decontamination, decommissioning, stabilization, reclamation,
maintenance, surveillance, control, storage, and disposal of
radioactive material for the protection of the public health and
safety and the environment under this chapter and for refunds under
Section 401.303.
(d) Money and security in the perpetual care account [fund]
may not be used for normal operating expenses of the department or
commission.
(e) The department may use money in the perpetual care
account [fund] to pay for measures:
(1) to prevent or mitigate the adverse effects of
abandonment of radioactive materials, default on a lawful
obligation, insolvency, or other inability by the holder of a
license issued by the department to meet the requirements of this
chapter or department rules; and
(2) to assure the protection of the public health and
safety and the environment from the adverse effects of ionizing
radiation.
(f) The department may provide, by the terms of a contract
or lease entered into between the department and any person or by
the terms of a license issued by the department to any person, for
the decontamination, closure, decommissioning, reclamation,
surveillance, or other care of a site or facility subject to
department jurisdiction under this chapter as needed to carry out
the purpose of this chapter.
(g) The existence of the [radiation and] perpetual care
account [fund] does not make the department liable for the costs of
decontamination, transfer, transportation, reclamation,
surveillance, or disposal of radioactive material arising from a
license holder's abandonment of radioactive material, default on a
lawful obligation, insolvency, or inability to meet the
requirements of this chapter or department rules.
SECTION 9. Section 401.342(b), Health and Safety Code, is
amended to read as follows:
(b) The attorney general may petition the court for:
(1) an order enjoining the act or practice or an order
directing compliance and reimbursement of the perpetual care
account [fund], if applicable;
(2) civil penalties as provided by Section 401.381; or
(3) a permanent or temporary injunction, restraining
order, or other appropriate order if the department shows that the
person engaged in or is about to engage in any of the acts or
practices.
SECTION 10. Section 401.343(a), Health and Safety Code, is
amended to read as follows:
(a) The department shall seek reimbursement, either by an
order of the department or a suit filed by the attorney general at
the department's request, of security from the perpetual care
account [fund] used by the department to pay for actions, including
corrective measures, to remedy spills or contamination by
radioactive material resulting from a violation of this chapter
relating to an activity under the department's jurisdiction or a
rule, license, registration, or order adopted or issued by the
department under this chapter.
SECTION 11. Section 402.275(f), Health and Safety Code, is
amended to read as follows:
(f) The authority may transfer money from the low-level
radioactive waste fund to the radiation and perpetual care account
[fund] to make payments required by the commission under Section
401.303.
SECTION 12. Section 7.033, Water Code, is amended to read as
follows:
Sec. 7.033. RECOVERY OF SECURITY FOR CHAPTER 401, HEALTH
AND SAFETY CODE, VIOLATION. The commission shall seek
reimbursement, either by a commission order or by a suit filed under
Subchapter D by the attorney general at the commission's request,
of security from the radiation and perpetual care account [fund]
used by the commission to pay for actions, including corrective
measures, to remedy spills or contamination by radioactive material
resulting from a violation of Chapter 401, Health and Safety Code,
relating to an activity under the commission's jurisdiction or a
rule adopted or a license, registration, or order issued by the
commission under that chapter.
SECTION 13. This Act takes effect September 1, 2003.