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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 5. SANITATION AND ENVIRONMENTAL QUALITY |
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Subtitle D. NUCLEAR AND RADIOACTIVE MATERIALS |
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Chapter 401. RADIOACTIVE MATERIALS AND OTHER SOURCES OF RADIATION |
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Subchapter D. LICENSING AND REGISTRATION |
Sec. 401.109. SECURITY
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(a) The department or commission may require a holder of a license issued by the agency to provide security acceptable to the agency to assure performance of the license holder's obligations under this chapter. The department or commission shall deposit security provided under this section to the credit of the perpetual care account. The department or commission by rule shall provide that any evidence of security must be made payable to the credit of the perpetual care account.
(b) The commission shall require a holder of a license that authorizes the disposal of radioactive substances to provide security acceptable to the commission to assure performance of the license holder's obligations under this chapter.
(c) The amount and type of security required shall be determined under the agency's rules in accordance with criteria that include:
(1) the need for and scope of decontamination, decommissioning, reclamation, or disposal activity reasonably required to protect the public health and safety and the environment;
(2) reasonable estimates of the cost of decontamination, decommissioning, reclamation, and disposal as provided by Section 401.303; and
(3) the cost of perpetual maintenance and surveillance, if any.
(d) In this section "security" includes:
(1) a cash deposit;
(2) a surety bond;
(3) a certificate of deposit;
(4) an irrevocable letter of credit;
(5) a deposit of government securities;
(6) an insurance policy, the form and content of which is acceptable to the agency; and
(7) other security acceptable to the agency.