Amend CSSB 1667 as follows:                                                  
	(1)  On page 1, line 15, strike "amended by amending 
Subdivisions (2), (4), (5), and (6)" and substitute the following:  
"amended by amending Subdivisions (2), (4), (5), (6), and (15)"
	(2)  On page 1, lines 26-30, strike Subdivision (12-1) and 
substitute the following:
		"(12-1) "Gross receipts includes with respect to an 
entity or affiliated members, owners, shareholders, limited or 
general partners, all receipts from the entity's operations in 
Texas related to disposal 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, and limited or general 
partners.  This term does not include receipts from the entity's 
operations in Texas or affiliated members, owners, shareholders, 
and limited or general partners, for extraordinary capital 
reimbursements, bona fide storage and processing, 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.
	(3)  On page 1, line 31, before SECTION 2, insert the 
following:             
		(15)  "Person affected" means a person who demonstrates 
that the person has suffered or will suffer actual injury or 
economic damage and, if the person is not a local government:
			(A)  is a resident of a county, or a county 
adjacent to that county, in which a nuclear or radioactive material
substance is or will be located;  or
			(B)  is doing business or has a legal interest in 
land in the county or adjacent county.
	(4)  On page 1, line 42, between "persons" and ";" insert ", 
except oil and gas NORM".
	(5)  On page 1, line 43, between "material" and ";" insert 
"in accordance with Subchapter G".
	(6)  On page 1, line 51, insert new section as follows and 
renumber the subsequent sections accordingly:
	Section 401.054, Health and Safety Code, is amended as 
follows:              
	SECTION ___.  Sec. 401.054.  NOTICE AND HEARING.  (a)  The 
department or commission shall provide notice and an opportunity 
for a hearing on a matter under its jurisdiction as provided by its 
formal hearing procedures and Chapter 2001, Government Code, unless 
otherwise required by this chapter, on written request of a person 
affected by any of the following procedures:
		(1)  the denial, suspension, or revocation by the 
department or commission of a license or registration;
		(2)  the determination by the department or commission
of compliance with or the grant of exemptions from a department or 
commission rule or order;  or
		(3)  the grant or amendment by the department or 
commission of a specific license.
	(b)  A contested case hearing shall be conducted according to 
Section 401.239 of this chapter.This section does not apply to 
license or registration activities for which other notice and 
hearing procedures are required by this chapter.
	(c)  The commission may hold a contested case hearing on an 
application for the renewal of a license issued under this chapter 
provided that the change being requested would  constitute a major 
change to the license.
	(7)  On page 1, line 52, strike "Subsection (b),"                              
	(8)  On page 1, line 59, insert "(f) A separate commercial 
storage and processing license may be issued at a site also licensed 
for disposal under this chapter.
	(9)  On page 4, line 30, strike "shall" and substitute "may".           
	(10)  On page 4, line 34, strike "shall" and substitute 
"may".        
	(11)  On page 6, line 13, between "," and "and" insert 
"licensed on site waste disposal associated with a licensed in situ 
leach uranium recovery facility,"
	(12)  On page 7, line 32, insert new section as follows and 
renumber the subsequent sections accordingly:
	SECTION __.  Sec. 401.271 STATE FEE ON RADIOACTIVE 
SUBSTANCES.  (a) A holder of a license issued by the commission 
under this chapter that authorizes the disposal of a radioactive 
substance from other persons shall transfer to the state general 
revenue fund each quarter an amount equal to 10 percent of the 
license holder's gross receipts received from operations under the 
license for disposal occurring after the effective date of this 
Act.
	(b)  Subsection (a) does not apply to compact waste as 
defined by Section 401.2005(1) or federal facility waste as defined 
in Section 401.2005(4).
	Sec. 401.453.  AUDIT AUTHORITY.  The commission may audit a 
license holder's financial records and waste manifest information 
to ensure that the fee imposed under this chapter is accurately 
paid.  The license holder shall comply with the commission's audit 
related requests for information.
	(13)  On page 9, lines 29-32, strike subsection (1) and 
substitute with the following subsection:
		(1)  has sole authority to regulate and issue licenses, 
permits, and orders, and establish fees to pay for costs to regulate 
the processing, storage, and disposal of oil and gas NORM waste and 
the decontamination and maintenance of oil field equipment; and
	(14)  On page 9, line 50, strike "disposal of the waste and 
decontamination and maintenance of equipment." and substitute 
"disposal of the waste, decontamination and maintenance of oil 
field equipment, and fees established pursuant to subsection (a) of 
this section."
	(15)  On page 9, line 63, insert new subsection as follows:                    
	(f)  In adopting a fee structure, the railroad commission may 
consider any factors necessary to provide for the equitable 
allocation among NORM operators of the costs of administering the 
railroad commission's oil and gas NORM program under this section.  
The total amount of fees estimated to be collected under rules 
adopted by the railroad commission under this section may not 
exceed the estimated costs of administering the railroad 
commission's oil and gas NORM program under this section.
	(16)  On page 9, lines 63-69 and page 10, lines 1-48, strike 
SECTION 34 and renumber the subsequent sections accordingly.
	(17)  On page 10, line 65, strike "related" and substitute 
"oil field".      
	(18)  On page 11, strike lines 5-8 and substitute the 
following: "the permit holder to conduct minor in situ mining in the 
production area.  The commission shall by rule define the 
difference between major and minor in situ mining.  Notwithstanding 
any other provision in this act, authorization to mine or resume 
mining in a production area under an existing injection well permit 
that does not amend a previously approved restoration table, shall 
not be considered a major amendment."
	(19)  On page 11, lines 9-13, strike subsection (b) and 
substitute new subsection (b) as follows:
	(b)  A rule or provision of a permit or order of the 
commission that requires additional approval of the commission or 
an additional hearing for the permit holder to conduct minor in situ 
mining in the production area specified in an injection well 
permit, shall no longer be required after the effective date of this 
act.  Notwithstanding any provision of this code or a commission 
rule or order, an application for minor in situ authorization is not 
subject to a contested case hearing, regardless of when the 
application is submitted.
	(20)  On page 11, line 24, after ".", insert "An 
administrative law judge presiding over a licensure proceeding 
under this section shall expedite the procedures necessary to 
complete the hearing in a timely manner."
	(21)  On page 12, lines 3-7, strike subsection (c).                            
	(22)  On page 13, line 11, after "possible." insert the 
following:  "The commission shall utilize progress made on any 
technical review or environmental analysis conducted by the 
department prior to the effective date of this act."
	(23)  On page 13, strike lines 14-15 and substitute the 
following: "associated by-product material that is pending with the 
Department of State Health Services, and was received prior to 
January 1, 2005, on the earlier of the 31st day after the"
	(24)  On page 13, line 47, insert new subsections (n) and (o) 
as follows:    
	(n)  Notwithstanding the changes to Chapter 401, Health and 
Safety Code, made by this Act, the department shall retain 
jurisdiction over, and render a final decision on, an application 
for an amended license to store or process radioactive substances 
that was filed with the department on or before January 1, 2005 and 
that has been referred to the State Office of Administrative 
Hearings by the department before the effective date of this Act.  A 
license application subject to this subsection shall be governed 
only by the laws of the state and the rules and regulations of the 
department effective at the time such application was filed.  Once a 
final decision is rendered by the department, jurisdiction over any 
licensed issued shall be transferred to the commission.
	(o)  An application for a new license to dispose of 
by-product material that is filed with the department on or before 
January 1, 2005 and that has not been referred to the State Office 
of Administrative Hearings by the department before the effective 
date of this Act shall be processed by the commission following the 
effective date of this Act as follows:
		(1)  A license application subject to this subsection 
shall be governed only by the rules and regulations of the 
department effective at the time such application was filed;
		(2)  If this Act takes effect immediately, the 
commission shall complete any technical review of a license 
application subject to this subsection and issue a draft permit no 
later than March 1, 2006.  If this Act takes effect on September 1, 
2005, the commission shall complete any technical review of a 
license application subject to this subsection and issue a draft 
permit no later than June 1, 2006.  The commission shall utilize 
progress made on any technical review or environmental analysis 
conducted by the department prior to the effective date of this Act.  
In order to meet the applicable deadline above, the commission may 
contract with the department or other entities for completion of 
any portion of the technical review that has not been completed upon 
the effective date of this Act.  The commission may assess and 
collect additional fees from the applicant to recover the costs the 
commission incurs for technical review of a license application 
subject to this subsection;
		(3)  If this Act takes effect immediately, the 
commission shall render a final decision on a license application 
subject to this subsection no later than March 1, 2007.  If this Act 
takes effect on September 1, 2005, the commission shall render a 
final decision on a license application subject to this subsection 
no later than June 1, 2007; and
		(4)  A contested case hearing held on a license 
application subject to this subsection that was filed with the 
department on or before January 1, 2005, shall not exceed one year 
in duration, measured from the date of referral by the commission of 
the application to the State Office of Administrative Hearings 
until the commission makes a final decision on the application.  
Discovery in such a hearing shall be limited to not more than sixty 
days in order to meet this limitation. Notice of hearing shall be 
provided to the applicant, the office of public interest counsel, 
the executive director and the person who timely requested a 
contested case hearing by mail at least ten days in advance of the 
hearing.
	(25)  On page 14, lines 15-24, strike SECTION 40 and renumber 
the subsequent sections accordingly.
	(26)  On page 14, lines 25-47, Strike SECTION 41 and 
substitute with the new section as follows:
	SECTION ___. (a) Notwithstanding other law or any rule on the 
subject of timeliness of an applicant proving information 
pertaining to an application for a license from the commission, the 
applicant for a license shall assist the commission in meeting any 
deadlines imposed by Chapter 401, Health and Safety Code, by 
submitting to the commission any information the commission 
requires regarding the application in a prompt and timely manner.