Issue Date:
Revised Date: 2021-03-25

Legal Cites

Object Type

Cash — Health

Origin Date

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


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(c)).

(3) The agency may require a specific license holder to pay an additional 5% of the appropriate annual fee. The fee on licensed uranium or thorium ore processors is suspended if the amount collected and deposited to GR Account 5158 reaches $2 million and reinstated if the balance is reduced to $1.5 million until the balance reaches $2 million (401.301(d)). This fee is deposited to GR Account 5158 - Environmental Radiation and Perpetual Care if collected by TCEQ and to GR Account - Perpetual Care (5096) if collected by DSHS. 

(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. Fee may not exceed 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). Collected under Revenue Object 3770.

(9) A fee on shippers for shipments to Texas facility of radioactive waste originating in or out-of-state up to $10 per cubic foot of shipped low-level waste. Fee is 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).

Due Date

Date determined by the commission.


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.

GR Account - Perpetual Care recreated and fees amended by H.B. 1567, H.B. 1678 and H.B. 3318, 78th Leg., R.S.

Transferred from the Department of Health (501) to Department of State Health Services (537) by H.B. 2292, 78th Leg., R.S.

S.B. 347, 83rd Leg., R.S. increased limit under (3) and added a cumulative $100 million cap on fees collected under 401.301(d) and 401.052 (items 3 and 9). The bill attempted to create a new account for deposit of 401.301(d) fee collected by TCEQ, however the account was not exempted in the funds consolidation bill, therefore the fee is deposited to General Revenue.

H.B. 6, 84th Leg., R.S. created GR Account 5158 - Environmental Radiation and Perpetual Care originally added in statute by S.B. 347, 83rd Leg., R.S. Deposit of 5% fee changed from GR to GR Account 5158.

USAS Values

Appropriation Year 24
Receipt Category 12 – Health
Receipt Type 10 – Business/Professional Fees
Object Group 30 – Revenues
USAS Status A