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  H.B. No. 7
 
 
 
 
AN ACT
  relating to the storage or disposal of high-level radioactive
  waste.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 401.003, Health and Safety Code, is
  amended by adding Subdivision (12-b) to read as follows:
               (12-b)  "High-level radioactive waste" has the meaning
  assigned by 42 U.S.C. Section 10101(12) and includes spent nuclear
  fuel as defined by 42 U.S.C. Section 10101(23).
         SECTION 2.  Section 401.0525, Health and Safety Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  With the exception of a permit for a facility located at
  the site of currently or formerly operating nuclear power reactors
  and currently or formerly operating nuclear research and test
  reactors operated by a university, the commission may not under the
  authority given to the agency under Section 301, 304, or 401 of the
  Clean Water Act (33 U.S.C. Sections 1311, 1314, and 1341) issue a
  general construction permit or approve a Stormwater Pollution
  Prevention Plan under Section 26.040, Water Code, or issue a permit
  under the Texas Pollutant Discharge Elimination System Program
  under Section 26.027, 26.028, or 26.121, Water Code, for the
  construction or operation of a facility that is licensed for the
  storage of high-level radioactive waste by the United States
  Nuclear Regulatory Commission under 10 C.F.R. Part 72. Section
  401.005 does not apply to this subsection.
         SECTION 3.  Subchapter C, Chapter 401, Health and Safety
  Code, is amended by adding Section 401.072 to read as follows:
         Sec. 401.072.  DISPOSAL OR STORAGE OF HIGH-LEVEL RADIOACTIVE
  WASTE. With the exception of storage at the site of currently or
  formerly operating nuclear power reactors and currently or formerly
  operating nuclear research and test reactors operated by a
  university, a person, including the compact waste disposal facility
  license holder, may not dispose of or store high-level radioactive
  waste in this state.
         SECTION 4.  Section 401.0525(c), Health and Safety Code, as
  added by this Act, applies only to an application for a permit or
  permit amendment submitted on or after the effective date of this
  Act.
         SECTION 5.  If any provision of this Act or its application
  to any person or circumstance is held invalid, the invalidity does
  not affect other provisions or applications of this Act that can be
  given effect without the invalid provision or application, and to
  this end the provisions of this Act are declared to be severable.
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect December 5, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 7 was passed by the House on August
  30, 2021, by the following vote:  Yeas 94, Nays 32, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 7 on September 2, 2021, by the following vote:  Yeas 119, Nays
  3, 1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 7 was passed by the Senate, with
  amendments, on September 1, 2021, by the following vote:  Yeas 31,
  Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor