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Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Health and Safety Code § 401.211: LIABILITY.

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Where this section sits in the code
  1. HEALTH AND SAFETY CODE
  2. TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY
  3. SUBTITLE D. NUCLEAR AND RADIOACTIVE MATERIALS
  4. CHAPTER 401. RADIOACTIVE MATERIALS AND OTHER SOURCES OF RADIATION
  5. SUBCHAPTER F. SPECIAL PROVISIONS CONCERNING LOW-LEVEL RADIOACTIVE WASTE DISPOSAL

(a) The transfer of the title to low-level radioactive waste and land and buildings to the state or to the federal government does not relieve a license holder of liability for any act or omission performed before the transfer or while the low-level radioactive waste or land and buildings are in the possession and control of the license holder.

(b) The acceptance, storage, or disposal of federal facility waste by the compact waste disposal facility license holder at a federal facility waste disposal facility does not create any liability under state law on the part of the state, or on the part of any officer or agency of the state, for damages, removal, or remedial action with respect to the land, the facility, or the waste accepted, stored, or disposed of.

(c) The compact waste disposal facility license must require the license holder to indemnify the state for any liability imposed on the state under state or federal law, as required by the commission for the disposal of federal facility waste.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.231, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1367, Sec. 21, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.

Collected 2026-08-27T01:47:17Z. Source file · JSON

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