Tex. Health & Safety Code § 401.263 · Subchapter G. SPECIAL PROVISIONS CONCERNING BY-PRODUCT MATERIAL
APPLICATION; ENVIRONMENTAL ANALYSIS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 dispose of by-product material and the commission determines that the licensed activity will have a significant impact on the human environment, the commission shall prepare or have prepared a written environmental analysis.
(b) The analysis must include:
(1) an assessment of the radiological and nonradiological effects of the licensed activity on the public health;
(2) an assessment of any effect of the licensed activity on a waterway or groundwater;
(3) consideration of alternatives to the licensed activity, including alternative sites and engineering methods; and
(4) consideration of decommissioning, decontamination, reclamation, and other long-term effects associated with a licensed activity, including management of by-product material.
(c) The commission shall give notice of the analysis as provided by commission rule and shall make the analysis available to the public for written comment not later than the 31st day before the date of the hearing on the license.
(d) After notice is given, the commission shall provide an opportunity for written comments by persons affected.
(e) The analysis shall be included as part of the record of the commission's proceedings.
(f) The commission by rule shall prohibit major construction with respect to an activity that is to be licensed until the requirements of Subsections (a), (b), (c), and (e) are completed.
Notes and commentary — not statutory text
History
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 992, Sec. 1, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1338, Sec. 6, eff. June 20, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 15, eff. June 15, 2007.
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 632aba1762c2c438bd1b4e88063e8d48e175027f2ce7203fa48712bd9ff0837c
- 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
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.