Sec. 401.052. RULES FOR TRANSPORTATION AND ROUTING

(a) The board shall adopt rules that provide for transportation and routing of radioactive material and waste in this state.

(b) Rules adopted under this section for low-level radioactive waste must:

(1) to the extent practicable, be compatible with United States Department of Transportation and United States Nuclear Regulatory Commission regulations relating to the transportation of low-level radioactive waste;

(2) require each shipper and transporter of low-level radioactive waste to adopt an emergency plan approved by the department for responding to transportation accidents;

(3) require the notification and reporting of accidents to the department and to local emergency planning committees in the county where the accident occurs;

(4) require each shipper to adopt a quality control program approved by the department to verify that shipping containers are suitable for shipment to a licensed disposal facility;

(5) assess a fee on shippers for shipments to a Texas low-level radioactive waste disposal facility of low-level radioactive waste originating in Texas or out-of-state; and

(6) require a transporter to carry liability insurance in an amount the board determines is sufficient to cover damages likely to be caused by a shipping accident in accordance with regulations imposed by the United States Department of Transportation and the United States Nuclear Regulatory Commission.

(c) In adopting rules under this section, the board shall consult with the advisory board and the commission.

Text of subsec. (d) as amended by Acts 2003, 78th Leg., ch. 580, Sec. 2

(d) Fees assessed under this section:

(1) may not exceed $10 per cubic foot of shipped low-level radioactive waste;

(2) shall be collected by the department and deposited to the credit of the perpetual care account;

(3) shall be used exclusively by the department for emergency planning for and response to transportation accidents involving low-level radioactive waste; and

(4) shall be suspended when the amount of fees collected reaches $500,000, except that if the balance of fees collected is reduced to $350,000 or less, the assessments shall be reinstituted to bring the balance of fees collected to $500,000.

Text of subsec. (d) as amended by Acts 2003, 78th Leg., ch. 1067, Sec. 2

(d)(1) Fees assessed under the rules adopted under Subsection (b)(5):

(A) may not exceed $10 per cubic foot of shipped low-level radioactive waste;

(B) shall be collected by the compact waste disposal facility license holder under Subchapter F and remitted to the commission for deposit to the credit of the perpetual care account; and

(C) may be used only by the department for emergency planning for and response to transportation accidents involving low-level radioactive waste.

(2) Fee assessments under the rules adopted under Subsection (b)(5) shall be suspended when the amount of fees collected reaches $500,000, except that if the balance of fees collected is reduced to $350,000 or less, the assessments shall be reinstituted to bring the balance of fees collected to $500,000.

(e) Money expended from the perpetual care account to respond to accidents involving low-level radioactive waste must be reimbursed to the perpetual care account by the responsible shipper or transporter according to rules adopted by the board.

(f) In this section, "shipper" means a person who generates low-level radioactive waste and ships or arranges with others to ship the waste to a disposal site.

Text of subsec. (d) as amended by Acts 2003, 78th Leg., ch. 580, Sec. 2 (d) Fees assessed under this section: (1) may not exceed $10 per cubic foot of shipped low-level radioactive waste; (2) shall be collected by the department and deposited to the credit of the perpetual care account; (3) shall be used exclusively by the department for emergency planning for and response to transportation accidents involving low-level radioactive waste; and (4) shall be suspended when the amount of fees collected reaches $500,000, except that if the balance of fees collected is reduced to $350,000 or less, the assessments shall be reinstituted to bring the balance of fees collected to $500,000. Text of subsec. (d) as amended by Acts 2003, 78th Leg., ch. 1067, Sec. 2 (d)(1) Fees assessed under the rules adopted under Subsection (b)(5): (A) may not exceed $10 per cubic foot of shipped low-level radioactive waste; (B) shall be collected by the compact waste disposal facility license holder under Subchapter F and remitted to the commission for deposit to the credit of the perpetual care account; and (C) may be used only by the department for emergency planning for and response to transportation accidents involving low-level radioactive waste. (2) Fee assessments under the rules adopted under Subsection (b)(5) shall be suspended when the amount of fees collected reaches $500,000, except that if the balance of fees collected is reduced to $350,000 or less, the assessments shall be reinstituted to bring the balance of fees collected to $500,000. (e) Money expended from the perpetual care account to respond to accidents involving low-level radioactive waste must be reimbursed to the perpetual care account by the responsible shipper or transporter according to rules adopted by the board. (f) In this section, "shipper" means a person who generates low-level radioactive waste and ships or arranges with others to ship the waste to a disposal site. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 878, Sec. 23, eff. June 18, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 11.211, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1367, Sec. 3, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 580, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1067, Sec. 2, eff. Sept. 1, 2003.