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  S.B. No. 1082
 
 
 
 
AN ACT
  relating to the storage, maintenance, and distribution of
  mammography medical records.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsections (c), (e), (f), and (g), Section
  401.305, Health and Safety Code, are amended to read as follows:
         (c)  Money and security in the perpetual care account may be
  administered by the department or commission only for storage,
  maintenance, and distribution of mammography medical records or the
  decontamination, decommissioning, stabilization, reclamation,
  maintenance, surveillance, control, storage, and disposal of
  radioactive substances for the protection of the public health and
  safety and the environment under this chapter and for refunds under
  Section 401.303.
         (e)  The department or commission may use money in the
  perpetual care account to pay for measures:
               (1)  to prevent or mitigate the adverse effects of
  abandonment of radioactive substances, default on a lawful
  obligation, insolvency, or other inability by the holder of a
  license issued by the department or commission to meet the
  requirements of this chapter or of department or commission rules;
  [and]
               (2)  to assure the protection of the public health and
  safety and the environment from the adverse effects of ionizing
  radiation; and
               (3)  to protect the health and safety of mammography
  patients by assuring mammography medical records are made available
  to affected patients.
         (f)  The department or commission may provide, by the terms
  of a contract or lease entered into between the department or
  commission and any person, by the terms of a mammography
  certification issued by the department or commission to any person,
  or by the terms of a license issued to any person, for the storage,
  maintenance, and distribution of mammography medical records. The
  department or commission may provide, by the terms of a contract or
  lease entered into between the department or commission and any
  person or by the terms of a license issued by the department or
  commission to any person, for the decontamination, closure,
  decommissioning, reclamation, surveillance, or other care of a site
  or facility subject to department or commission jurisdiction under
  this chapter as needed to carry out the purpose of this chapter.
         (g)  The existence of the perpetual care account does not
  make the department or commission liable for the costs of storage,
  maintenance, and distribution of mammography medical records
  arising from a mammography certification holder's failure to store,
  maintain, and make available mammography medical records or for the
  costs of decontamination, transfer, transportation, reclamation,
  surveillance, or disposal of radioactive substances arising from a
  license holder's abandonment of radioactive substances, default on
  a lawful obligation, insolvency, or inability to meet the
  requirements of this chapter or of department or commission rules.
         SECTION 2.  This Act takes effect September 1, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1082 passed the Senate on
  April 9, 2009, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1082 passed the House on
  May 26, 2009, by the following vote:  Yeas 144, Nays 0, two present
  not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor