Issue Date:
Revised Date: 2009-09-01

Legal Cites

Object Type

Cash — Health

Origin Date

1981 by S.B. 480, S.B. 735, S.B. 1177, 67th Leg., R.S.

Description

Licenses and Application Fees
(1) TCEQ and DSHS may prescribe and collect a fee for each license and registration issued (401.301). A General License does not require an application and is to transfer, acquire, own, possess or use quantities of, or devices or equipment utilizing by-product, source, special nuclear materials or other radioactive materials. A Specific License does require an application and is to use, manufacture, produce, transfer, receive, acquire, own, possess, process or dispose of quantities of devices or equipment utilizing by-product, source, special nuclear materials or other radioactive materials.

(2) For licensees that fail to pay the required fees, the agency may collect an additional fee of 20% of amount of annual license/registration fee (not to exceed $10,000) (401.301).
 
(3) The agency may require a specific license holder to pay an additional 5% of the appropriate annual fee. The fee shall be suspended if the amount collected reaches $500,000 and reinstated if the balance is reduced to $350,000 until the balance reaches $500,000 (401.301).

(4) Compact waste disposal facility application processing fee of $500,000 plus additional needed to cover processing costs (401.229).

(5) Additional fees may be charged to cover application costs for administrative review, technical review and hearings (401.301).

Other Fees
(6) An annual fee from the operator of each nuclear reactor or other fixed nuclear facility that utilizes special nuclear material. NTE the actual expenses arising from emergency planning (401.302).
 
(7) Reimbursement of expenses by licensees for resident inspectors employed by the agency on site at a disposal facility (401.206).
 
(8) Administrative penalties may be charged for violations (401.384).
 
(9) A fee on shippers for shipments to Texas facility of radioactive waste originating in or out-of-state NTE $10 per cubic foot of shipped low-level waste. Fee shall be suspended when total collected reaches $500,000 unless the balance is reduced to $350,000, at which time the fee is reinstituted (401.052).
 
(10) May charge fees for perpetual maintenance or surveillance after license termination (401.303).
 
(11) Radioactive waste disposal facility license holder shall transfer quarterly 5% of gross receipts received from disposal of radioactive substances (401.271).

Due Date

Date determined by the Commission.

Collecting Agencies

Note

Collection of planning and implementation fees, see Revenue Code 3599.

Amended by H.B. 11 and H.B. 7, 72nd Leg., 1st C.S.

(2) Added by H.B. 11, 72nd Leg., 1st C.S.

(6) Amended by S.B. 1043, 73rd Leg., R.S.

(9) Added by H.B. 2318, 73rd Leg., R.S.

Regulation, licensing and disposal of radioactive by-product material defined in 401.003(3)(B) transferred to Department of Health by S.B. 1857, 75th Leg., R.S., effective June 20, 1997.

(2) Amended by H.B. 2170, 75th Leg., R.S.

(3) Added by H.B. 1099, 77th Leg., R.S.
 
Agency name change per H.B. 2912, 77th Leg., R.S.
 
GR Account - Perpetual Care recreated and fees amended by H.B. 1567, H.B. 1678 and H.B. 3318, 78th Leg., R.S.
 
Agency name change to Department of State Health Services (Agency 537) by H.B. 2292, 78th Leg., R.S.

(11) Added by S.B. 1604, 80th Leg., R.S..

USAS Values

Appropriation Year 12
USAS Title RADIOACTIVE MATERIAL/DEVICE OR EQUIP REG
Receipt Category 12 – Health
Receipt Type 10 – Business/Professional Fees
Object Group 30 – Revenues
USAS Status A
Rev/Exp Category 01 – LICENSES, FEES, FINES, AND PENALTIES