SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 401.0005 - Short Title
This chapter may be cited as the Texas Radiation Control Act. Added by Acts 1991, 72nd Leg., ch. 14, Sec. 142, eff. Sept. 1, 1991.
- Texas Section 401.001 - Policy
In furtherance of the state's responsibility to protect occupational and public health and safety and the environment, it is the policy of the state to...
- Texas Section 401.002 - Purpose
It is the purpose of this chapter to carry out the policies stated in Section 401.001 by providing a program to: (1) ensure effective regulation...
- Texas Section 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 (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1,...
- Texas Section 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...
SUBCHAPTER B ADMINISTRATIVE PROVISIONS
- Texas Section 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...
- Texas Section 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...
- Texas Section 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....
- Texas Section 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,...
- Texas Section 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...
- Texas Section 401.015 - Radiation Advisory Board
(a) The radiation advisory board is composed of the following 18 members appointed by the governor: (1) one representative from industry who is trained in...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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,...
SUBCHAPTER C POWERS AND DUTIES
- Texas Section 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,...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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....
- Texas Section 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....
- Texas Section 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...
- Texas Section 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....
- Texas Section 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,...
SUBCHAPTER D LICENSING AND REGISTRATION
- Texas Section 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, closing, and financing...
- Texas Section 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...
- Texas Section 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,...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 401.107 - License Application
(a) An application for a specific license issued by the department or commission must be in writing and must state the information that the executive...
- Texas Section 401.108 - Financial Qualifications
(a) Before a license is issued or renewed by the commission, the applicant shall demonstrate to the commission that the applicant is financially qualified to...
- Texas Section 401.109 - Security
(a) The executive commissioner or commission may require a holder of a license issued by the applicable agency to provide security acceptable to the applicable...
- Texas Section 401.110 - Determination On License
(a) In making a determination whether to grant, deny, amend, renew, revoke, suspend, or restrict a license or registration, the commission may consider an applicant's...
- Texas Section 401.111 - Criteria For Certain Unsuitable New Sites
(a) The commission, in adopting rules for the issuance of licenses under the commission's jurisdiction for new sites for processing or disposal of radioactive substances...
- Texas Section 401.112 - Low-level Radioactive Waste Processing Or Disposal License Application And Considerations
(a) The commission, in making a licensing decision on a specific license application to process or dispose of low-level radioactive waste from other persons, shall...
- Texas Section 401.113 - Environmental Analysis
(a) Before a hearing under Section 401.114 begins, the commission shall prepare or have prepared a written analysis of the effect on the environment of...
- Texas Section 401.114 - Notice And Hearing
(a) Before the commission grants or renews a license to process or dispose of low-level radioactive waste from other persons, the commission shall give notice...
- Texas Section 401.115 - Licenses From Other Agencies
A holder of a license to operate a facility to process or dispose of low-level radioactive waste may not operate the facility until the holder...
- Texas Section 401.116 - License Amendment
(a) An amendment to a license to process or dispose of low-level radioactive waste from other persons may take effect immediately. (b) The department or...
- Texas Section 401.117 - Construction Limitation
The commission shall prohibit major construction relating to activities to be permitted under a license issued by the commission to process or dispose of low-level...
- Texas Section 401.118 - License Form And Content
(a) The department or commission shall prescribe the form and the terms for each license it issues. (b) Each license is subject to amendment, revision,...
SUBCHAPTER E MANAGEMENT OF LOW-LEVEL RADIOACTIVE WASTE
- Texas Section 401.119 - License Transfer
A license issued by the department or commission may be assigned only to a person qualified under rules of the issuing agency. Acts 1989, 71st...
- Texas Section 401.151 - Compatibility With Federal Standards
The department and commission each shall assure that the management of low-level radioactive waste under their respective jurisdictions is compatible with applicable federal commission standards....
SUBCHAPTER F SPECIAL PROVISIONS CONCERNING LOW-LEVEL RADIOACTIVE WASTE DISPOSAL
- Texas Section 401.152 - Corrective Action And Measures
(a) If the department or commission, under procedures provided by Section 401.056, finds that low-level radioactive waste under its jurisdiction threatens the public health and...
- Texas Section 401.2005 - Definitions
In this subchapter: (1) "Compact" means the Texas Low-Level Radioactive Waste Disposal Compact established under Section 403.006. (1-a) "Compact waste" means low-level radioactive waste that:...
- Texas Section 401.201 - Regulation Of Low-level Radioactive Waste Disposal
The commission shall directly regulate the disposal of low-level radioactive waste in accordance with this subchapter. The person making the disposal shall comply with this...
- Texas Section 401.202 - Licensing Authority
(a) The commission may grant, deny, renew, revoke, suspend, or withdraw licenses for the disposal of low-level radioactive waste from other persons and for the...
- Texas Section 401.204 - Acquisition Of Property
(a) An application for a compact waste disposal facility license may not be considered unless the applicant has acquired the title to and any interest...
- Texas Section 401.205 - Responsibilities Of Persons Licensed To Dispose Of Low-level Radioactive Waste
(a) The compact waste disposal facility license holder shall: (1) arrange for and pay the costs of management, control, stabilization, and disposal of compact waste...
- Texas Section 401.2051 - Conveyance Of Waste
(a) The compact waste disposal facility license holder shall convey to the state at no cost to the state title to the compact waste delivered...
- Texas Section 401.206 - Resident Inspector
(a) The compact waste disposal facility license holder shall reimburse the commission for the salary and other expenses of two or more resident inspectors employed...
- Texas Section 401.207 - Out-of-state Waste; Nonparty Compact Waste
(a) The compact waste disposal facility license holder may not accept low-level radioactive waste generated in another state for disposal under a license issued by...
- Texas Section 401.208 - Study Of Capacity
(a) The commission shall conduct a study on the available volume and curie capacity of the compact waste disposal facility for the disposal of party...
- Texas Section 401.2085 - Review Of Financial Assurance
(a) The commission shall conduct a review of the adequacy of the financial assurance mechanisms of the compact waste disposal facility license holder that were...
- Texas Section 401.209 - Acquisition And Operation Of Low-level Radioactive Waste Disposal Sites
(a) The commission may acquire the fee simple title in land, affected mineral rights, and buildings at which low-level radioactive waste can be or is...
- Texas Section 401.210 - Transfer Costs Of Property
Low-level radioactive waste and land and buildings transferred to the state or to the federal government under this chapter shall be transferred to the state...
- Texas Section 401.211 - Liability
(a) The transfer of the title to low-level radioactive waste and land and buildings to the state or to the federal government does not relieve...
- Texas Section 401.212 - Monitoring, Maintenance, And Emergency Measures
The commission may undertake monitoring, maintenance, and emergency measures that are necessary to protect the public health and safety and the environment in connection with...
- Texas Section 401.213 - Interstate Compacts
The commission shall cooperate with and encourage the use of interstate compacts, including the Southern States Energy Board, to develop regional sites that divide among...
- Texas Section 401.214 - Regional Disposal Facility Under Compact
The compact waste disposal facility licensed under this subchapter is the regional disposal facility established and operated under the compact established under Chapter 403 for...
- Texas Section 401.215 - Acceptance Of Low-level Radioactive Waste
Subject to limitations provided by Sections 401.207 and 401.248, the compact waste disposal facility shall accept for disposal all compact waste that is presented to...
- Texas Section 401.216 - Federal Facility Waste Disposal
(a) The commission may license the compact waste disposal facility license holder to dispose of federal facility waste. The commission may license federal facility waste...
- Texas Section 401.217 - Location Of Disposal Facility Site
The commission may not issue a license for a compact waste disposal facility or license the operation of a federal facility waste disposal facility if...
- Texas Section 401.218 - Disposal Of Certain Waste
(a) In this section, "Class A low-level radioactive waste," "Class B low-level radioactive waste," and "Class C low-level radioactive waste" have the meanings assigned by...
- Texas Section 401.219 - Techniques For Managing Low-level Radioactive Waste
(a) As a condition for obtaining a compact waste disposal facility license, an applicant must submit to the commission or its designee evidence relating to...
- Texas Section 401.220 - Design Of Facility
The design of a disposal facility should incorporate, to the extent practicable, safeguards against hazards resulting from local meteorological conditions, including phenomena such as hurricanes,...
- Texas Section 401.221 - Mixed Waste
(a) In this section, "mixed waste" means a combination of hazardous waste as defined by Chapter 361 and low-level radioactive waste and includes federal mixed...
- Texas Section 401.222 - Term Of License
The compact waste disposal facility license issued under this subchapter expires on the 15th anniversary of its date of issuance and may be renewed for...
- Texas Section 401.223 - Health Surveillance Survey
The commission, the department, and local public health officials shall develop a health surveillance survey for the population located in the vicinity of the disposal...
- Texas Section 401.224 - Packaging Of Radioactive Waste
The executive commissioner shall adopt rules relating to the packaging of radioactive waste. Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept....
- Texas Section 401.225 - Shipment Of Low-level Radioactive Waste
(a) On arrival of a shipment of low-level radioactive waste at the compact waste disposal facility or a federal facility waste disposal facility, the compact...
- Texas Section 401.226 - Improperly Processed Or Packaged Low-level Radioactive Waste
(a) If low-level radioactive waste that is not properly processed or packaged arrives at the compact waste disposal facility or a federal facility waste disposal...
- Texas Section 401.227 - Selection Of Application For Compact Waste Disposal Facility License
(a) In selecting an application for the compact waste disposal facility license, the commission shall: (1) issue notice of the opportunity to submit an application...
- Texas Section 401.228 - Notice To Receive Applications
Not later than January 1, 2004, the commission shall give to the secretary of state for publication in the Texas Register notice that: (1) the...
- Texas Section 401.229 - Application Processing Fee
An application for a compact waste disposal facility license must include payment to the commission of an application processing fee of $500,000. The commission may...
- Texas Section 401.230 - Receipt Of Applications
(a) For a 30-day period beginning 180 days after the date notice is published under Section 401.228, the commission shall accept applications for a compact...
- Texas Section 401.231 - Administratively Complete Application
The commission shall consider as administratively complete an application for which the commission has received the portions of the application necessary to allow the commission...
- Texas Section 401.232 - Evaluation Of Applications; Commission Selection
(a) The commission shall have prepared by commission personnel or an independent contractor a written evaluation of each administratively complete application in terms of the...
- Texas Section 401.233 - Tier 1 Criteria
(a) The commission shall consider as tier 1 criteria: (1) the natural characteristics of the disposal facility site for a proposed disposal facility or facilities;...
- Texas Section 401.234 - Tier 2 Criteria
The commission shall consider as tier 2 criteria: (1) the suitability of facilities at the site that are associated with proposed activities and the adequacy...
- Texas Section 401.235 - Tier 3 Criteria
The commission shall consider as tier 3 criteria the applicant's: (1) technical qualifications to receive, store, process, and dispose of low-level radioactive waste; (2) experience...
- Texas Section 401.236 - Tier 4 Criteria
The commission shall consider as tier 4 criteria: (1) the compatibility of uses of land near the proposed disposal facility site that could be affected...
- Texas Section 401.237 - Technical Review
(a) Immediately on the commission's selection of the application that has the highest comparative merit in accordance with Section 401.232, the commission shall begin a...
- Texas Section 401.238 - Notice Of Draft License And Opportunity For Hearing
On completion of the technical review of the selected application and preparation of the draft license, the commission shall publish, at the applicant's expense, notice...
- Texas Section 401.239 - Contested Case; Final Action On Application
(a) An administrative law judge of the State Office of Administrative Hearings shall conduct a contested case hearing on the application and draft license if...
- Texas Section 401.240 - Judicial Review
(a) Notwithstanding any other law, a person affected by an action of the commission under this subchapter may file a petition for judicial review of...
- Texas Section 401.241 - Security
(a) In determining the amount of security required of a compact waste disposal facility license holder under Section 401.109, the commission shall also consider the...
- Texas Section 401.242 - Acceptance Of Waste
(a) The commission shall require the compact waste disposal facility license holder to follow, as closely as is possible, the schedule submitted to the commission...
- Texas Section 401.243 - Compliance History
After an opportunity for a hearing, the commission shall deny an application for a license under this subchapter or an amendment or renewal for a...
- Texas Section 401.244 - Host County Public Projects
(a) The compact waste disposal facility license holder each quarter shall transfer to the commissioners court of the host county five percent of the gross...
- Texas Section 401.2445 - State Fee
The compact waste disposal facility license holder each quarter shall transfer to the state general revenue fund five percent of the gross receipts from: (1)...
- Texas Section 401.245 - Party State Compact Waste Disposal Fees
(a) A compact waste disposal facility license holder who receives party state compact waste for disposal pursuant to the compact shall have collected a waste...
- Texas Section 401.2455 - Interim Party State Compact Waste Disposal Fees
(a) The commission's executive director may establish interim party state compact waste disposal fees effective only for the period beginning on the date the compact...
- Texas Section 401.2456 - Contracts For Nonparty Compact Waste Disposal
(a) At any time after the commission has granted approval to begin operating the compact waste disposal facility, the compact waste disposal facility license holder...
- Texas Section 401.246 - Waste Disposal Fee Criteria
(a) Party state compact waste disposal fees adopted by the commission under Section 401.245 must be sufficient to: (1) allow the compact waste facility license...
- Texas Section 401.247 - Reasonable And Necessary Expenses
Fees paid under this subchapter are reasonable and necessary expenses for ratemaking purposes. Added by Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 17.03,...
- Texas Section 401.248 - Limitations On Low-level Radioactive Waste Disposal
(a) The commission by rule shall exclude from a disposal facility certain types of low-level radioactive waste that are incompatible with disposal operations. (b) The...
- Texas Section 401.249 - Low-level Radioactive Waste Fund
(a) The low-level radioactive waste fund is in the state treasury. (b) The low-level radioactive waste fund is an interest-bearing fund. Interest earned on money...
- Texas Section 401.250 - Payments By Party States
(a) Notwithstanding any other provision of law, Act of the legislature or the executive branch, or any other agreement, the initial payment of $12.5 million...
SUBCHAPTER G SPECIAL PROVISIONS CONCERNING BY-PRODUCT MATERIAL
- Texas Section 401.251 - Low-level Radioactive Waste Disposal Compact Commission Account
(a) The low-level radioactive waste disposal compact commission account is an account in the general revenue fund. (b) On the first day of each state...
- Texas Section 401.261 - Subchapter Application
In this subchapter: (1) "By-product material" does not include that by-product material defined by Section 401.003(3)(A). (2) "Processing" means the possession, use, storage, extraction of...
- Texas Section 401.262 - Management Of Certain By-product Material
The commission has sole and exclusive authority to assure that processing and disposal sites are closed and that by-product material is managed and disposed of...
- Texas Section 401.2625 - Licensing Authority
The commission has sole and exclusive authority to grant, deny, renew, revoke, suspend, amend, or withdraw licenses for source material recovery and processing or for...
- Texas Section 401.263 - Application; Environmental Analysis
(a) If the commission is considering the issuance, renewal, or amendment of a license to process materials that produce by-product materials or a license to...
- Texas Section 401.264 - Notice And Hearing
(a) The commission on its own motion may or on the written request of a person affected shall provide an opportunity for a public hearing...
- Texas Section 401.265 - Conditions Of Certain By-product Material Licenses
The commission shall prescribe conditions in a radioactive substances license issued, renewed, or amended for an activity that results in production of by-product material to...
- Texas Section 401.266 - Transfer Of Land Required
(a) The commission by rule or order may require that before a license covering land used for the disposal of by-product material is terminated, the...
- Texas Section 401.267 - Acquisition And Sale Of Certain By-product Materials And Sites
(a) The commission may acquire by-product material and fee simple title in land, affected mineral rights, and buildings at which that by-product material is disposed...
- Texas Section 401.268 - Liability
The transfer of the title to by-product material, land, and buildings under Section 401.267 does not relieve a license holder of liability for acts performed...
- Texas Section 401.269 - Monitoring, Maintenance, And Emergency Measures
(a) The commission may undertake monitoring, maintenance, and emergency measures in connection with by-product material and property for which it has assumed custody under Section...
- Texas Section 401.270 - Corrective Action And Measures
(a) If the commission finds that by-product material or the operation by which that by-product material is derived threatens the public health and safety or...
- Texas Section 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...
SUBCHAPTER H FINANCIAL PROVISIONS
- Texas Section 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....
- Texas Section 401.301 - License And Registration Fees
(a) The commission and department may collect a fee for each license and registration the agency issues. (b) The commission and the executive commissioner each...
- Texas Section 401.302 - Nuclear Reactor And Fixed Nuclear Facility Fee
(a) The executive commissioner, in coordination with the commission, by rule may set an annual fee to be collected by the department from the operator...
- Texas Section 401.303 - Payment For Maintenance, Surveillance, Or Other Care
(a) The executive commissioner or commission may require the holder of a license issued by the agency to pay annually to the issuing agency an...
- Texas Section 401.304 - Acceptance And Administration Of Funds
The department and commission each may accept and administer conditional or other loans, grants, gifts, or other funds from the federal government or other sources...
- Texas Section 401.305 - Radiation And Perpetual Care Account
(a) The radiation and perpetual care account is an account in the general revenue fund. (b) The department shall deposit to the credit of the...
- Texas Section 401.306 - Environmental Radiation And Perpetual Care Account
(a) The environmental radiation and perpetual care account is an account in the general revenue fund to support the activities of the Texas Low-Level Radioactive...
SUBCHAPTER I COURT PROCEEDINGS
- Texas Section 401.307 - Perpetual Care Account And Environmental Radiation And Perpetual Care Account Caps
(a) The fees imposed under Sections 401.052(d) and 401.301(d) are suspended when the sum of the balances of the perpetual care account and the environmental...
- Texas Section 401.341 - Judicial Review
A person who is affected by a final decision of the department and who has exhausted all administrative remedies available in the appropriate agency is...
- Texas Section 401.342 - Suit By Attorney General
(a) The attorney general, at the request of the department regarding an activity under its jurisdiction, shall institute an action in a district court in...
SUBCHAPTER J ENFORCEMENT
- Texas Section 401.343 - Recovery Of Security
(a) The department or commission shall seek reimbursement, either by an order of the department or commission or a suit filed by the attorney general...
- Texas Section 401.381 - General Civil Penalties
(a) A person who causes, suffers, allows, or permits a violation of this chapter, a department rule or order, or a license or registration condition...
- Texas Section 401.382 - General Criminal Penalty
(a) A person commits an offense if the person intentionally or knowingly violates a provision of this chapter other than the offense described by Section...
- Texas Section 401.383 - Criminal Penalty For Certain Acts Related To Low-level Radioactive Waste
(a) A person commits an offense if the person intentionally or knowingly receives, processes, concentrates, stores, transports, or disposes of low-level radioactive waste without a...
- Texas Section 401.384 - Administrative Penalty
(a) The department may assess an administrative penalty as provided by this section and Sections 401.385-401.390 against a person who causes, suffers, allows, or permits...
- Texas Section 401.385 - Preliminary Report Of Violation
If the department, after an investigation, concludes that a violation relating to an activity under its jurisdiction has occurred, the department may issue a preliminary...
- Texas Section 401.386 - Notice Of Preliminary Report
(a) The department shall give written notice of its preliminary report to the person charged with the violation not later than the 10th day after...
- Texas Section 401.387 - Consent To Penalty
(a) If the person charged with the violation consents to the penalty recommended by the department or does not respond to the notice on time,...
- Texas Section 401.388 - Hearing And Decision
(a) If the person charged requests a hearing, the department shall refer the matter to the State Office of Administrative Hearings and shall give notice...
- Texas Section 401.389 - Disposition Of Penalty; Judicial Review
(a) Not later than the 30th day after the date on which the department's order is final, the person charged with the penalty shall pay...
- Texas Section 401.390 - Remitting Penalty Payments; Releasing Bonds
(a) On the date the court's judgment that an administrative penalty against a person should be reduced or not assessed becomes final, the court shall...
SUBCHAPTER K LICENSING AUTHORITY OF TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE RAILROAD COMMISSION OF TEXAS
- Texas Section 401.393 - Commission Enforcement
The commission may enforce the provisions of this chapter under the commission's jurisdiction as provided by Chapter 7, Water Code. Added by Acts 1997, 75th...
- Texas Section 401.412 - Commission Licensing Authority
(a) Notwithstanding any other provision of this chapter and subject to Sections 401.102 and 401.415, the commission has sole and exclusive authority to directly regulate...
- Texas Section 401.413 - Commission Disposal License Required
A person required by another section of this chapter to obtain a license for the disposal of a radioactive substance is required to obtain the...
- Texas Section 401.414 - Memoranda Of Understanding
The Texas Commission on Environmental Quality, the executive commissioner for the Health and Human Services Commission, and the Railroad Commission of Texas by rule shall...
SUBCHAPTER L CERTIFICATION OF MAMMOGRAPHY SYSTEMS
- Texas Section 401.415 - Oil And Gas Norm Waste
(a) Notwithstanding any other provision of this chapter, the Railroad Commission of Texas: (1) has sole authority to regulate and issue licenses, permits, and orders...
- Texas Section 401.421 - Definitions
In this subchapter: (1) "Certification" means an authorization for the use of a mammography system. (2) "Mammography" means the use of radiation to produce an...
- Texas Section 401.422 - Certification Required
(a) A person may not perform mammography unless the mammography system used has been issued a certification under this subchapter. (b) A certification under Subsection...
- Texas Section 401.423 - Powers And Duties Of Executive Commissioner And Department
Sec. 401.423. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT. (a) The department shall: (1) prescribe application forms for original and renewal certifications; and (2)...
- Texas Section 401.424 - Mammography Certification Standards
(a) To receive a mammography certification under this subchapter, the mammography system must, at a minimum: (1) meet criteria at least as stringent as the...
- Texas Section 401.426 - Application For Certification
(a) A person who owns, leases, or uses or the agent of a person who owns, leases, or uses a mammography system must file a...
- Texas Section 401.427 - Certification Renewal; Fees
(a) A certification is valid for three years. (b) The executive commissioner by rule may adopt a system under which certifications under this subchapter expire...
- Texas Section 401.428 - Denial, Suspension, Revocation, Or Reinstatement Of Certification
(a) The department may deny, suspend, revoke, or reinstate a certification. (b) The executive commissioner shall adopt rules establishing the grounds for denial, suspension, revocation,...
- Texas Section 401.429 - Certification For Multiple Mammography Systems
(a) An applicant for certification under Section 401.426 must obtain a separate certification for each mammography system that is owned, leased, or used by the...
SUBCHAPTER M LASER HAIR REMOVAL
- Texas Section 401.430 - Inspections
(a) The department shall inspect each mammography system that has not been fully certified under the Mammography Quality Standards Act of 1992 (42 U.S.C. Section...
- Texas Section 401.501 - Definitions
In this subchapter: Text of subdivision effective until September 01, 2017 (1) "Department" means the Department of State Health Services. Text of subdivision effective on...
- Texas Section 401.5011 - General Powers And Duties
The executive director shall administer and enforce this chapter. Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.226, eff. September 1,...
- Texas Section 401.502 - Examination
The executive commissioner may adopt rules to govern the development and administration of an examination for an applicant under this subchapter. Added by Acts 2009,...
- Texas Section 401.502 - Examination
The commission may adopt rules to govern the development and administration of an examination for an applicant under this subchapter. Added by Acts 2009, 81st...
- Texas Section 401.503 - Application Process
(a) An application for a certificate or license under this subchapter must be made on a form prescribed and provided by the department. (b) The...
- Texas Section 401.503 - Application Process
(a) An application for a certificate or license under this subchapter must be submitted in the manner and on a form prescribed by the executive...
- Texas Section 401.504 - Certificate For Individuals Required
(a) A person may not perform or attempt to perform laser hair removal unless the person holds the appropriate certificate under this subchapter. (b) A...
- Texas Section 401.505 - Certified Laser Hair Removal Professional
Sec. 401.505. CERTIFIED LASER HAIR REMOVAL PROFESSIONAL. Text of subsection effective until September 01, 2017 (a) An applicant for a laser hair removal professional certificate...
- Texas Section 401.506 - Senior Laser Hair Removal Technician
(a) Except as provided by Subsection (b), an applicant for a senior laser hair removal technician certificate must: (1) meet the requirements for a laser...
- Texas Section 401.507 - Laser Hair Removal Technician
An applicant for a laser hair removal technician certificate must: (1) meet the requirements for a laser hair removal apprentice-in-training certificate under Section 401.508; and...
- Texas Section 401.508 - Laser Hair Removal Apprentice-in-training
(a) An applicant for a laser hair removal apprentice-in-training certificate must have at least 24 hours of training in safety, laser physics, skin typing, skin...
- Texas Section 401.509 - Continuing Education
The department shall recognize, prepare, or administer continuing education programs for certificate holders. A certificate holder must participate in the programs to the extent required...
- Texas Section 401.510 - Facility License Required
(a) A person may not operate a laser hair removal facility unless the person holds a license issued under this subchapter to operate the facility....
- Texas Section 401.511 - Expiration Of Certificate Or License
The executive commissioner by rule may adopt a system under which certificates and licenses expire on various dates during the year. Added by Acts 2009,...
- Texas Section 401.512 - Renewal Of Certificate Or License
(a) A certificate or license expires on the second anniversary of the date of issuance. (b) A person must renew the person's certificate or license...
- Texas Section 401.512 - Term Of Certificate Or License
(a) A certificate or license expires on the second anniversary of the date of issuance and may be renewed. (b) Repealed by Acts 2015, 84th...
- Texas Section 401.513 - Display Of License Or Certificate
A person holding a license or certificate under this subchapter shall display the person's license or certificate in an open public area of the laser...
- Texas Section 401.514 - Laser Or Pulsed Light Device
(a) A laser or pulsed light device used for laser hair removal in a laser hair removal facility must comply with all applicable federal and...
- Texas Section 401.515 - Customer Notice; Liability
(a) A laser hair removal facility shall give each customer a written statement outlining the relevant risks associated with laser hair removal, including a warning...
- Texas Section 401.516 - Warning Signs
Sec. 401.516. WARNING SIGNS. Text of subsection effective until September 01, 2017 (a) A laser hair removal facility shall post a warning sign as prescribed...
- Texas Section 401.517 - Operational Requirements
(a) Except as provided by Subsection (b), a laser hair removal facility shall have a certified laser hair removal professional or a licensed health professional...
- Texas Section 401.518 - Safety
Sec. 401.518. SAFETY. Text of subsection effective until September 01, 2017 (a) A laser hair removal facility operator is responsible for maintaining the laser hair...
- Texas Section 401.519 - Consulting Physician
(a) A laser hair removal facility must have a written contract with a consulting physician to: (1) establish proper protocols for the services provided at...
- Texas Section 401.520 - Disclosure Of Record Prohibited; Exception
(a) Except as provided by Subsection (b), an operator or other person may not disclose a customer record required to be kept by the department....
- Texas Section 401.521 - Prohibited Practice
(a) A person may not operate a laser or pulsed light device with the intent to treat an illness, disease, injury, or physical defect or...
- Texas Section 401.522 - Enforcement; Penalties
Sec. 401.522. ENFORCEMENT; PENALTIES. (a) Expired. (b) Expired. (c) Expired. Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September...
- Texas Section 401.522 - Amount Of Administrative Penalty
(a) The amount of an administrative penalty imposed for a violation of this subchapter or a rule adopted or order issued under this subchapter may...