 |
Texas Statutes (Last Updated: January 4, 2014) |
 |
HEALTH AND SAFETY CODE |
|
Title 5. SANITATION AND ENVIRONMENTAL QUALITY |
|
Subtitle D. NUCLEAR AND RADIOACTIVE MATERIALS |
|
Chapter 401. RADIOACTIVE MATERIALS AND OTHER SOURCES OF RADIATION |
|
Subchapter H. FINANCIAL PROVISIONS |
Sec. 401.301. LICENSE AND REGISTRATION FEES
-
(a) The commission and department may collect a fee for each license and registration the agency issues.
(b) The commission and the board each by rule shall set the fee in an amount that may not exceed the actual expenses annually incurred to:
(1) process applications for licenses or registrations;
(2) amend or renew licenses or registrations;
(3) make inspections of license holders and registrants; and
(4) enforce this chapter and rules, orders, licenses, and registrations under this chapter.
(c) The commission and department may collect a fee, in addition to the license and registration fee, of not less than 20 percent of the amount of the license and registration fee nor more than $10,000 from each licensee or registrant who fails to pay the fees authorized by this section.
(d) The commission and department may require that each person who holds a specific license issued by the agency pay to the agency an additional five percent of the appropriate fee set under Subsection (b). Fees collected under this subsection shall be deposited to the credit of the perpetual care account. The fees are not refundable.
(e) The commission and department shall suspend assessment of a fee imposed under Subsection (d) if the amount of fees collected under that subsection reaches $500,000. If the balance of fees collected subsequently is reduced to $350,000 or less, the commission and department shall reinstitute assessment of the fee until the balance reaches $500,000.
(f) Notwithstanding any other provision of this section, the department may not assess a fee on a local law enforcement agency for the licensing and registration of an X-ray machine that is used to screen packages or other objects the agency suspects may contain an explosive or other item that would pose a danger to the public health and safety. Except as otherwise provided by this subsection, a local law enforcement agency is subject to the licensing and registration requirements of this chapter.
(g) The commission may assess and collect additional fees from the applicant to recover the costs the commission incurs for administrative review, technical review, and hearings on the application.