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Amend CSHB 3 (Senate committee report) by inserting the 

following provisions where appropriate and renumbering 

accordingly:

	(1)  Amend Section 401.003, Health and Safety Code by adding 

Subdivision (12-a) to read as follows:

		(12-a)  "Gross receipts" includes, with respect to an 

entity or affiliated members, owners, shareholders, or limited or 

general partners, all receipts from the entity's storage or 

disposal operations in Texas licensed under this chapter including 

any bonus, commission, or similar payment received by the entity 

from a customer, contractor, subcontractor, or other person doing 

business with the entity or affiliated members, owners, 

shareholders, or limited or general partners.  This term does not 

include receipts from the entity's operations in Texas, or 

affiliated members, owners, shareholders, or limited or general 

partners, for capital reimbursements, and federal or state taxes or 

fees on waste received uniquely required to meet the specifications 

of a license or contract.  The commission may promulgate rules in 

establishing the criteria for determining gross receipts 

consistent with the parameters of this definition.

	(2)  Subchapter G, Chapter 401, Health and Safety Code, is 

amended by adding Sections 401.271 and 401.272 to read as follows:

	Sec. 401.271.  STATE FEE ON RADIOACTIVE SUBSTANCES.  (a)  A 

holder of a license issued by the commission under this chapter that 

authorizes the storage or disposal of a radioactive substance from 

other persons shall remit each quarter an amount equal to 10 percent 

of the license holder's gross receipts received from storage or 

disposal operations under a license issued under this chapter as 

follows:

		(1)  eight percent shall be remitted to the comptroller 

for deposit into the general revenue fund; and

		(2)  two percent shall be remitted to the host county in 

accordance with Sections 401.244(b) and (d).

	(b)  Subsection (a) does not apply to compact waste or 

federal facility waste as defined by Section 401.2005, or 

industrial solid waste as defined by Section 361.003.

	Sec. 401.272.  AUDIT AUTHORITY.  The commission may audit a 

license holder's financial records and waste manifest information 

to ensure that the fees imposed under this chapter are accurately 

paid.  The license holder shall comply with the commissions's 

audit-related requests for information.







DUNCAN                                                                      



ARMBRISTER