Texas Statutes
Subchapter G. Special Provisions Concerning By-Product Material
Section 401.263. Application; Environmental Analysis

Sec. 401.263. APPLICATION; ENVIRONMENTAL ANALYSIS. (a) If the commission is considering the issuance, renewal, or amendment of a license to process materials that produce by-product materials or a license to dispose of by-product material and the commission determines that the licensed activity will have a significant impact on the human environment, the commission shall prepare or have prepared a written environmental analysis.
(b) The analysis must include:
(1) an assessment of the radiological and nonradiological effects of the licensed activity on the public health;
(2) an assessment of any effect of the licensed activity on a waterway or groundwater;
(3) consideration of alternatives to the licensed activity, including alternative sites and engineering methods; and
(4) consideration of decommissioning, decontamination, reclamation, and other long-term effects associated with a licensed activity, including management of by-product material.
(c) The commission shall give notice of the analysis as provided by commission rule and shall make the analysis available to the public for written comment not later than the 31st day before the date of the hearing on the license.
(d) After notice is given, the commission shall provide an opportunity for written comments by persons affected.
(e) The analysis shall be included as part of the record of the commission's proceedings.
(f) The commission by rule shall prohibit major construction with respect to an activity that is to be licensed until the requirements of Subsections (a), (b), (c), and (e) are completed.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 992, Sec. 1, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1338, Sec. 6, eff. June 20, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 15, eff. June 15, 2007.

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