| 1 | 1 | | 89R5764 JRR-F |
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| 2 | 2 | | By: Sparks S.B. No. 713 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the surcharge for the disposal, and the remittance for |
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| 10 | 10 | | the storage, of certain waste at the Texas Low-Level Radioactive |
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| 11 | 11 | | Waste Disposal Compact waste disposal facility; decreasing the |
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| 12 | 12 | | amount of the surcharge and changing how the surcharge and |
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| 13 | 13 | | remittance are distributed. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Sections 401.207(g) and (h), Health and Safety |
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| 16 | 16 | | Code, are amended to read as follows: |
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| 17 | 17 | | (g) The commission shall assess a surcharge for the disposal |
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| 18 | 18 | | of nonparty compact waste at the compact waste disposal facility. |
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| 19 | 19 | | The surcharge is 15 [20] percent of the total contracted rate under |
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| 20 | 20 | | Section 401.2456 and must be assessed in addition to the total |
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| 21 | 21 | | contracted rate under that section. |
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| 22 | 22 | | (h) Two-thirds of a [A] surcharge collected under |
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| 23 | 23 | | Subsection (g) shall be deposited to the credit of the |
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| 24 | 24 | | environmental radiation and perpetual care account and the |
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| 25 | 25 | | remainder of the surcharge collected shall be remitted to the host |
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| 26 | 26 | | county in accordance with Sections 401.244(b) and (d). |
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| 27 | 27 | | SECTION 2. Section 401.271, Health and Safety Code, is |
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| 28 | 28 | | amended by amending Subsection (c) and adding Subsection (d) to |
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| 29 | 29 | | read as follows: |
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| 30 | 30 | | (c) A holder of a license or permit issued by the commission |
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| 31 | 31 | | under this chapter or Chapter 361 that authorizes the storage, |
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| 32 | 32 | | other than disposal, of a radioactive waste or elemental mercury |
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| 33 | 33 | | from other persons shall remit each quarter [to the commission for |
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| 34 | 34 | | deposit into the general revenue fund] an amount equal to 20 percent |
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| 35 | 35 | | of the license or permit holder's gross receipts received from the |
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| 36 | 36 | | storage of the substance for any period exceeding one year as |
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| 37 | 37 | | follows: |
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| 38 | 38 | | (1) 50 percent of the amount shall be remitted to the |
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| 39 | 39 | | comptroller for deposit to the credit of the general revenue fund; |
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| 40 | 40 | | and |
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| 41 | 41 | | (2) the remainder of the amount shall be remitted to |
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| 42 | 42 | | the host county in accordance with Sections 401.244(b) and (d). |
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| 43 | 43 | | (d) Subsection (c) [This subsection] applies only to the |
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| 44 | 44 | | storage of radioactive waste or elemental mercury: |
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| 45 | 45 | | (1) [the substance] for any period exceeding one year; |
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| 46 | 46 | | and |
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| 47 | 47 | | (2) [. This subsection applies only to the storage of |
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| 48 | 48 | | radioactive waste or elemental mercury] at or adjacent to the |
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| 49 | 49 | | compact waste disposal facility. |
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| 50 | 50 | | SECTION 3. The change in law made by this Act applies only |
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| 51 | 51 | | to a surcharge collected or remittance made on or after the |
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| 52 | 52 | | effective date of this Act. A surcharge collected or remittance |
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| 53 | 53 | | made before the effective date of this Act is governed by the law in |
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| 54 | 54 | | effect immediately before that date, and the former law is |
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| 55 | 55 | | continued in effect for that purpose. |
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| 56 | 56 | | SECTION 4. This Act takes effect September 1, 2025. |
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