Tex. Health & Safety Code § 401.104 · Subchapter D. LICENSING AND REGISTRATION
LICENSING AND REGISTRATION RULES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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) Except as provided by Subsection (e), the commission by rule shall provide for licensing for the disposal of radioactive substances.
(c) The executive commissioner or commission shall provide in rules of the appropriate agency for the issuance, amendment, suspension, and revocation of licenses.
(d) The executive commissioner or commission, within the jurisdiction of that officer or agency, may require the registration or licensing of other sources of radiation.
(e) The executive commissioner or commission may not require a license for a person that is a party to an order issued under Section 361.188 or 361.272 for sites subject to Subchapter F, Chapter 361, or an agreement entered into under Section 361.606. This subsection does not exempt the person from complying with technical standards that a holder of a license otherwise required by this chapter for the particular activity is required to meet. The exemption granted by this subsection applies only to the assessment and remediation of the contamination at the site.
(f) A separate commercial storage and processing license may be issued for a site also licensed for disposal under this chapter.
Notes and commentary — not statutory text
History
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.222, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1338, Sec. 3, eff. June 20, 1997; Acts 1999, 76th Leg., ch. 1367, Sec. 5, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1067, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 3, eff. June 15, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0910, eff. April 2, 2015.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.401.htm
- Text hash
- sha256 8c02da02d80d22975186dd583120e571f795d497b144e839edec3a2905b24a72
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Health and Safety Code
- Tex. Health & Safety Code ch. 361, subch. FREGISTRY AND CLEANUP OF CERTAIN HAZARDOUS WASTE FACILITIESPrinted as Subchapter F, Chapter 361
- Tex. Health & Safety Code § 361.188FINAL ADMINISTRATIVE ORDER.Printed as Section 361.188 or 361.272
- Tex. Health & Safety Code § 361.272ADMINISTRATIVE ORDERS CONCERNING IMMINENT AND SUBSTANTIAL ENDANGERMENT.Printed as Section 361.188 or 361.272
- Tex. Health & Safety Code § 361.606VOLUNTARY CLEANUP AGREEMENT.Printed as Section 361.606
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.