Sec. 401.004.  LOW-LEVEL RADIOACTIVE WASTE DEFINED.  (a)  Except as provided by Subsection (b), "low-level radioactive waste" means radioactive material that:
(1)  is discarded or unwanted and is not exempt by department rule adopted under Section 401.106;
(2)  is waste, as that term is defined by 10 C.F.R. Section 61.2; and
(3)  is subject to:
(A)  concentration limits established under 10 C.F.R. Section 61.55, or compatible rules established by the executive commissioner or commission, as applicable; and
(B)  disposal criteria established under Title 10, Code of Federal Regulations, or established by the department or commission, as applicable.
(b)  "Low-level radioactive waste" does not include:
(1)  high-level radioactive waste as defined by 10 C.F.R. Section 60.2;
(2)  spent nuclear fuel as defined by 10 C.F.R. Section 72.3;
(3)  by-product material described by Section 401.003(3)(B);
(4)  naturally occurring radioactive material waste that is not oil and gas NORM waste;  or
(5)  oil and gas NORM waste.
Added by Acts 1999, 76th Leg., ch. 1367, Sec. 2, eff. Sept. 1, 1999.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0900, eff. April 2, 2015.