PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 289. RADIATION CONTROL
SUBCHAPTER F. LICENSE REGULATIONS
The Executive Commissioner of the Health and Human Services Commission (commission), on behalf of the Department of State Health Services (department), adopts the repeal of §289.254, concerning licensing of radioactive waste processing and storage facilities, and §289.260, concerning licensing of uranium recovery and byproduct material disposal facilities, without changes to the proposal as published in the January 16, 2009, issue of the Texas Register (34 TexReg 321) and, therefore, the sections will not be republished.
BACKGROUND AND PURPOSE
The repeal of §289.254 and §289.260 is necessary as the result of Senate Bill 1604, 80th Legislative Session, 2007, that amended Health and Safety Code, §401.011, and transferred the regulatory authority for licensing and inspection of low-level waste processing and uranium recovery and disposal from the department to the Texas Commission on Environmental Quality (TCEQ).
SECTION-BY-SECTION SUMMARY
Section 289.254 and §289.260 are repealed in their entirety in order to be consistent with legislation, which transferred all regulatory authority from the department to the TCEQ and, therefore, the rules are unnecessary.
COMMENTS
A public hearing was held on February 3, 2009, during the comment period. The department, on behalf of the commission, did not receive any comments regarding the proposed rules during the comment period.
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Lisa Hernandez, certifies that the rules, as adopted, have been reviewed by legal counsel and found to be a valid exercise of the agencies' legal authority.
STATUTORY AUTHORITY
The repeals are authorized by Health and Safety Code, §401.051, which provides the Executive Commissioner of the Health and Human Services Commission with authority to adopt rules and guidelines relating to the control of radiation; and Government Code, §531.0055, and Health and Safety Code, §1001.075, which authorize the Executive Commissioner of the Health and Human Services Commission to adopt rules and policies for the operation and provision of health and human services by the department and for the administration of Health and Safety Code, Chapter 1001.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 18, 2009.
TRD-200901938
Lisa Hernandez
General Counsel
Department of State Health Services
Effective date: June 7, 2009
Proposal publication date: January 16, 2009
For further information, please call: (512) 458-7111 x6972