TITLE 25. HEALTH SERVICES
PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 289. RADIATION CONTROL
SUBCHAPTER
F.
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts an amendment to §289.253, concerning Radiation Safety Requirements for Well Logging Services Operations and Tracer Studies.
Section 289.253 is adopted without changes to the proposed text as published in the June 13, 2025, issue of the Texas Register (50 TexReg 3554). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
The amendment is necessary for Texas (an Agreement State) to comply with United States Nuclear Regulatory Commission (NRC) procedures, which require Agreement State rules to be compatible with NRC regulations. The amendment corrects the record retention requirements for well logging field stations and temporary job sites as defined in §289.253(cc).
Specifically, the amendment updates §289.253(cc)(2), Records/documents for inspection by the department, to reference only those records listed in the equivalent NRC regulation, 10 CFR §39.73 (Documents and records required at field stations). Additionally, §289.253(cc)(4), Records/documents for inspection by the department, is updated to reference only those records listed in the equivalent NRC regulation, 10 CFR §39.75 (Documents and records required at temporary job sites). The items which must be retained for inspection by the department are listed in Figure: 25 TAC §289.253(ee)(5).
The amendment updates, corrects, improves, and clarifies the rule language and incorporates plain language where appropriate.
COMMENTS
The 31-day comment period ended July 14, 2025.
During this period, DSHS did not receive any comments regarding the proposed rule.
STATUTORY AUTHORITY
The amendment is adopted under Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075, which authorize the executive commissioner of HHSC to adopt rules and policies for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001; and Texas Health and Safety Code Chapter 401 (the Texas Radiation Control Act), which provides for DSHS radiation control rules and regulatory program to be compatible with federal standards and regulation; §401.051, which provides the required authority to adopt rules and guidelines relating to the control of sources of radiation; §401.052, which provides authority for rules providing for transportation and routing of radioactive material and waste in Texas; §401.103, which provides authority for licensing and registration for transportation of sources of radiation; §401.104 which provides for rulemaking authority for general or specific licensing of radioactive material and devices or equipment using radioactive material; §401.224, which provides rulemaking authority relating to the packaging of radioactive waste; and Chapter 401, Subchapter J, which authorizes enforcement of the Act.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 22, 2025.
TRD-202503035
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: September 11, 2025
Proposal publication date: June 13, 2025
For further information, please call: (512) 834-6655