(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.

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Terms Used In Texas Health and Safety Code 401.104

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Rule: includes regulation. See Texas Government Code 311.005

(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 § 361.188 or 361.272 for sites subject to Subchapter F, Chapter 361, or an agreement entered into under § 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.