Tex. Health & Safety Code § 401.245 · Subchapter F. SPECIAL PROVISIONS CONCERNING LOW-LEVEL RADIOACTIVE WASTE DISPOSAL
PARTY STATE COMPACT WASTE DISPOSAL FEES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 disposal fee to be paid by each person who delivers party state compact waste to the compact waste disposal facility for disposal.
(b) The commission by rule shall adopt and periodically revise party state compact waste disposal fees under this section according to a schedule that is based on the projected annual volume of low-level radioactive waste received, the relative hazard presented by each type of low-level radioactive waste that is generated by the users of radioactive materials, and the costs identified in Section 401.246.
(c) In determining relative hazard, the commission shall consider the radioactive, physical, and chemical properties of each type of low-level radioactive waste.
(d) Rules adopted under this section may include provisions establishing:
(1) classification of customers and services; and
(2) applicability of fees.
(e) Fees adopted under this section must be consistent with the criteria listed under Section 401.246.
(f) A rule or order adopted by the commission under this section may not conflict with a ruling of a federal regulatory body.
(g) For the purposes of a contested case involving the adoption of fees under this section, only a party state generator of low-level radioactive waste may be considered a person affected.
(h) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1159, Sec. 13(1), eff. September 1, 2013.
Notes and commentary — not statutory text
History
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 5.01, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 878, Sec. 17, eff. June 18, 1993; Acts 1999, 76th Leg., ch. 1367, Sec. 33, eff. Sept. 1, 1999. Renumbered from Health and Safety Code Sec. 402.272 and amended by Acts 2003, 78th Leg., ch. 1067, Sec. 11, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1244 (S.B. 1504), Sec. 4, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1244 (S.B. 1504), Sec. 5, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1159 (S.B. 347), Sec. 13(1), eff. September 1, 2013.
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 2372b1924efe9ddc2e4fb5cbee42d150ef457bca0570d68a391b0577cfc73ca8
- 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.
Cited by 4 provisions
Provisions in this library whose text cites Tex. Health & Safety Code § 401.245. Each shows the citation as that text prints it.
Health and Safety Code
- Tex. Health & Safety Code § 401.2455INTERIM PARTY STATE COMPACT WASTE DISPOSAL FEES.Printed as Section 401.245
- Tex. Health & Safety Code § 401.2456CONTRACTS FOR NONPARTY COMPACT WASTE DISPOSAL.Printed as Section 401.245
- Tex. Health & Safety Code § 401.246WASTE DISPOSAL FEE CRITERIA.Printed as Section 401.245
- Tex. Health & Safety Code § 401.249LOW-LEVEL RADIOACTIVE WASTE FUND.Printed as Section 401.245
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