Title HS, Health and Safety Code

Sec. 401.003. DEFINITIONS. In this chapter, unless otherwise specifically provided: (1) "Advisory board" means the radiation advisory board. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(74), eff. April 2, 2015. (3) "By-product material" means: (A) a radioactive …

Sec. 401.004. LOW-LEVEL RADIOACTIVE WASTE DEFINED. (a) Except as provided by Subsection (b), "low-level radioactive waste" means radioactive material that: (1) is discarded or unwanted and is not exempt by department rule adopted under Section 401.106; (2) is waste, as that term …

Sec. 401.005. CODE OF FEDERAL REGULATIONS REFERENCES. A reference in this chapter to the "C.F.R." or the "Code of Federal Regulations" means the Code of Federal Regulations as it existed on September 1, 1999. Added by Acts 1999, 76th Leg., ch. 1367, Sec. 2, eff. Sept. 1, 1999. SU…

Sec. 401.011. RADIATION CONTROL AGENCY. (a) The department is the Texas Radiation Control Agency. The department has jurisdiction over activities and substances regulated under this chapter except as provided by Subsection (b) and Subchapters E, F, G, and K. (b) The commission ha…

Sec. 401.012. DESIGNATION OF DIRECTOR. The commissioner shall designate the director of the radiation control program under the department's jurisdiction. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.209, eff. Sept. 1…

Sec. 401.013. DUTIES OF DIRECTOR. The director or the director's designee shall perform the department's functions under this chapter. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 143, eff. Sept. 1, 1991; Acts 1991, 72nd…

Sec. 401.014. EMPLOYEES. The department and commission each within its jurisdiction may employ, compensate, and prescribe the powers and duties of persons as necessary to carry out this chapter. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th…

Sec. 401.015. RADIATION ADVISORY BOARD. (a) The radiation advisory board is composed of the following 19 members appointed by the governor: (1) one representative from industry who is trained in nuclear physics, science, or nuclear engineering; (2) one representative from labor; …

Sec. 401.0151. TRAINING FOR ADVISORY BOARD MEMBERS. (a) A person who is appointed to and qualifies for office as a member of the advisory board may not vote, deliberate, or be counted as a member in attendance at a meeting of the advisory board until the person completes a traini…

Sec. 401.0152. INFORMATION ABOUT STANDARDS OF CONDUCT. The department shall provide to members of the advisory board, as often as necessary, information regarding the requirements for office under this subchapter, including information regarding a person's responsibilities under …

Sec. 401.0153. GROUNDS FOR REMOVAL. (a) It is a ground for removal from the advisory board that a member: (1) does not have at the time of taking office the qualifications required by Section 401.015(a); (2) does not maintain during service on the advisory board the qualification…

Sec. 401.016. OFFICERS. (a) The governor shall designate a member of the advisory board as the advisory board chairman to serve in that capacity at the will of the governor. (b) The advisory board shall elect from its members a vice-chairman and secretary. Acts 1989, 71st Leg., c…

Sec. 401.017. SALARY; EXPENSES. A member of the advisory board is not entitled to receive a salary for service on the advisory board but may be reimbursed for actual expenses incurred in attending advisory board meetings or for engaging in authorized advisory board business. Acts…

Sec. 401.018. MEETINGS. (a) The advisory board shall meet quarterly on dates set by the advisory board. (b) The advisory board shall hold special meetings that may be called by the advisory board chairman or by five advisory board members. (c) Advisory board meetings may be held …

Sec. 401.0181. PUBLIC TESTIMONY. The advisory board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the advisory board and to speak on any issue under the jurisdiction of the advisory board. Added by Acts 1999, 76th Leg.…

Sec. 401.019. ADVISORY BOARD DUTIES. The advisory board shall: (1) review and evaluate state radiation policies and programs; (2) make recommendations and furnish technical advice to the department, the commission, the Railroad Commission of Texas, and other state agencies that m…

Sec. 401.020. DUTY OF AGENCIES WITH RADIATION-RELATED PROGRAMS. A state agency shall: (1) consider the recommendations and advice of the advisory board that concern the agency's policies or programs related to the development, use, or regulation of a source of radiation; and (2) …

Sec. 401.051. ADOPTION OF RULES AND GUIDELINES. The executive commissioner and commission each within the jurisdiction of that officer or agency may adopt rules and guidelines relating to control of sources of radiation. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. …

Sec. 401.052. RULES FOR TRANSPORTATION AND ROUTING. (a) The executive commissioner shall adopt rules that provide for transportation and routing of radioactive material and waste in this state. (b) Rules adopted under this section for low-level radioactive waste must: (1) to the …

Sec. 401.0525. GROUNDWATER PROTECTION STANDARDS. (a) The commission shall adopt and enforce groundwater protection standards compatible with federal standards adopted under the Atomic Energy Act of 1954 (42 U.S.C. Section 2011 et seq.). (b) In adopting any standards relating to n…

Sec. 401.053. CLASSIFICATION SYSTEM FOR LOW-LEVEL RADIOACTIVE WASTE. The department may establish a classification system for low-level radioactive waste that is based on radiological, chemical, and biological characteristics and on physical state so that low-level radioactive wa…

Sec. 401.054. NOTICE AND HEARING. (a) The department 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, on written request of a person affected by any of the foll…

Sec. 401.055. ORDERS. The department or commission shall issue and modify necessary orders in connection with proceedings conducted by the agency under this chapter on matters under the agency's jurisdiction. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by A…

Sec. 401.056. EMERGENCY ORDERS. (a) If the department or commission finds an emergency exists as a result of a matter under its jurisdiction that requires immediate action to protect the public health and safety and the environment, the agency, without notice or hearing, may issu…

Sec. 401.057. RECORDS. (a) The department or commission, within its jurisdiction, shall require each person who possesses or uses a source of radiation to maintain: (1) records relating to the use, receipt, storage, transfer, or disposal of that source of radiation; (2) appropria…

Sec. 401.058. INFORMATION. (a) The department shall collect and disseminate information relating to the transportation of sources of radiation. The department and the commission each within its jurisdiction shall collect and disseminate information relating to the control of sour…

Sec. 401.059. PROGRAM DEVELOPMENT. (a) The department shall develop programs to evaluate hazards associated with the use of sources of radiation. (b) The department and commission shall develop programs within their respective jurisdictions with due regard for compatibility with …

Sec. 401.060. STUDIES, INVESTIGATIONS, ETC. The department and commission each within its jurisdiction shall encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to the control of sources of radiation. Acts 1989, 71st Leg.…

Sec. 401.061. LOW-LEVEL RADIOACTIVE WASTE STUDIES. The department and commission each within its jurisdiction shall conduct studies of the need for low-level radioactive waste processing and disposal facilities and technologies as the agency considers necessary for minimizing the…

Sec. 401.062. TRAINING PROGRAMS. (a) The department and commission each may institute training programs to qualify their personnel to carry out this chapter. (b) The department and commission each may make those personnel available to participate in a program of the federal gover…

Sec. 401.063. GENERAL INSPECTION AUTHORITY. (a) The department or commission or the agency's representative may enter public or private property at reasonable times to determine whether, in a matter under the agency's jurisdiction, there is compliance with this chapter and the ag…

Sec. 401.064. INSPECTION OF X-RAY EQUIPMENT. (a) The executive commissioner shall adopt rules relating to the frequency of department inspections of electronic products. (b) In adopting the rules, the executive commissioner shall consider the threat to human health and safety tha…

Sec. 401.065. INSPECTION AGREEMENTS. The department or commission, in matters under its jurisdiction, with the approval of the governor, may enter into an agreement with the federal government, another state, or an interstate agency under which the state, in cooperation with the …

Sec. 401.066. SURVEILLANCE PLANS. The department shall prepare and update emergency and environmental surveillance plans for fixed nuclear facilities in this state. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 401.067. LOCAL GOVERNMENT INSPECTIONS. (a) An agent or employee of a local government may examine and copy during regular business hours records relating to activities licensed under Subchapter F. Examinations and copying of records must be done at the local government's exp…

Sec. 401.068. IMPOUNDING SOURCES OF RADIATION. The department or commission, in an emergency relating to a substance or activity under the agency's jurisdiction, may impound or order impounded sources of radiation that are in the possession of a person who is not equipped to obse…

Sec. 401.069. MEMORANDUM OF UNDERSTANDING. The executive commissioner or commission must adopt as a rule any memorandum of understanding between the department or commission, as appropriate, and another state agency. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amen…

Sec. 401.070. RELATIONSHIP WITH OTHER ENTITIES. The department shall advise, consult, and cooperate, on matters under its jurisdiction, with other state agencies, the federal government, other states, interstate agencies, local governments, and groups concerned with the control a…

Sec. 401.071. GENERAL POWERS OF COMMISSION IN RELATION TO LOW-LEVEL RADIOACTIVE WASTE. (a) The commission may: (1) conduct, request, and participate in studies, investigations, and research relating to selection, preparation, construction, operation, maintenance, decommissioning,…

Sec. 401.072. DISPOSAL OR STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE. With the exception of storage at the site of nuclear power reactors and nuclear research and test reactors operated by a university, at which the waste originated, a person, including the compact waste disposal fa…

Sec. 401.101. LICENSE AND REGISTRATION REQUIREMENT. A person may not use, manufacture, produce, transport, transfer, receive, acquire, own, possess, process, or dispose of a source of radiation unless that person has a license, registration, or exemption from the department or co…

Sec. 401.102. APPLICATION TO NUCLEAR REACTOR FACILITIES. Nuclear reactor facilities licensed by the federal commission are not required to be licensed or registered under this chapter. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch.…

Sec. 401.103. RULES AND GUIDELINES FOR LICENSING AND REGISTRATION. (a) The executive commissioner shall adopt rules and guidelines that provide for licensing and registration for the transportation of sources of radiation. (b) The executive commissioner and commission each within…

Sec. 401.104. LICENSING AND REGISTRATION RULES. (a) Except as provided by Subsections (b) and (e), the executive commissioner by rule shall provide for the general or specific licensing of: (1) radioactive material; or (2) devices or equipment using radioactive material. (b) Exce…

Sec. 401.105. RECOGNITION OF OTHER LICENSES. The executive commissioner or commission, each within the jurisdiction of that officer or agency, by rule may recognize other federal or state licenses the executive commissioner or commission, as appropriate, considers desirable, subj…

Sec. 401.106. EXEMPTION FROM LICENSING OR REGISTRATION REQUIREMENTS OR FROM APPLICATION OF RULE. (a) The executive commissioner or commission by rule may exempt a source of radiation or a kind of use or user from the licensing or registration requirements provided by this chapter…