| Issue Date: | 2003-09-01 |
|---|---|
| Revised Date: | 2015-07-27 |
Legal Cites
- Health and Safety Code sec. 401.003(11), sec. 401.109, sec. 401.305, sec. 401.307
Origin:
2003 by H.B. 1567, H.B. 1678 and H.B. 3318, 78th Leg., R.S.
Purpose
Account in General Revenue to receive most fees and administrative penalties relating to radioactive waste under Health and Safety Ch. 401. Licensing and registration fees under 401.301 (a-c) and nuclear reactor facility fees under 401.302 are deposited to General Revenue Fund 0001.
The account receives fees for shipment of low-level radioactive waste up to $10 per cubic foot of shipped waste. These fees are suspended when collections reach $500,000. When collections decrease to $350,000, the fee is reinstated to bring the balance back to $500,000.
A $100 million cap is also imposed on the sum of this account and certain fees collected by TCEQ deposited to GR Account 5158 - Environmental Radiation and Perpetual Care. Fees collected under §§ 401.052(d) and 401.301(d) are suspended when the cumulative $100 million cap is reached (see description of revenue code 3589).
Used to mitigate abandoned radioactive materials, default on lawful obligations by a license holder and protection of public health from radiation effects. May receive transfer from GR Account -- Low Level Radioactive Waste (0088) to pay refunds under § 401.303. Also used to hold securities relating to nuclear and radioactive materials regulation. Securities may include cash, surety bond, certificate of deposit, letter of credit, government or other acceptable security.
| Classification | Group 01: General State Operating and Disbursing Funds [?] |
|---|---|
| Depository Interest | Deposited to General Revenue Fund 0001. |
| Disposition of Balance | Accumulative |
| Appropriation Technique | General Appropriations Act |
Administering Agencies
Note
Securities previously deposited to the Radiation Perpetual Care Security and Asbestos Penalty Escrow Trust Account through 8-31-03.
Name change from Texas Department of Health (501) to Department of State Health Services (537) by H.B. 2292, 78th Leg., R.S.
Amended and primary duties transferred to Agency 582 by S.B. 1604, 80th Leg., R.S.
H.B. 7, 83rd Leg., R.S. requires interest be deposited to General Revenue (0001).
S.B. 347, 83rd Leg., R.S. added $100 million cap and changed deposit of the fee collected under § 401.301(d) to a new account. The new account was not exempted in the funds consolidation bill, therefore the fee goes to General Revenue.
H.B. 6, 84th Leg., R.S. created GR Account 5158 - Environmental Radiation and Perpetual Care originally added to statute by S.B. 347, 83rd Leg., R.S.
USAS Values
| USAS Title | GR ACCT - PERPETUAL CARE |
|---|---|
| Consolidated Fund | 0001 |
| State Fund Group | 01 - GENERAL STATE OPERATING & DISBURSING FDS |
| USAS Status | A |