Section 336.1123 - Transfer of Material(a) A licensee may not transfer radioactive material except as authorized in accordance with this chapter.(b) Except as otherwise provided in a license and subject to the provisions of subsections (c) and (d) of this section, any licensee may transfer radioactive material: (1) to the agency after receiving prior approval from the agency;(2) to the United States Department of Energy;(3) to any person exempt from the licensing requirements of the Texas Radiation Control Act and these requirements or exempt from the licensing requirements of the United States Nuclear Regulatory Commission (NRC) or an agreement state, to the extent permitted by these exemptions;(4) to any person authorized to receive such material in accordance with terms of a general license or its equivalent, a specific license or equivalent licensing document issued by the agency, NRC, any agreement state, any licensing state, or to any person otherwise authorized to receive such material by the federal government or any agency of the federal government, or the agency;(5) to any person abroad pursuant to an export license issued under Title 10, Chapter 1, Code of Federal Regulations Part 110; or(6) as otherwise authorized by the agency in writing.(c) Before transferring radioactive material to a specific licensee of the agency, NRC, an agreement state, a licensing state, or to a general licensee who is required to register with the agency, the licensee transferring the radioactive material shall verify that the transferee's license authorizes the receipt of the type, form, and quantity of radioactive material to be transferred.(d) The following methods for the verification of subsection (c) of this section are acceptable: (1) the transferor may possess and have read a current copy of the transferee's specific license or registration certificate;(2) the transferor may possess a written certification by the transferee that the transferee is authorized by the license or certificate of registration to receive the type, form, and quantity of radioactive material to be transferred, specifying the license or registration certificate number, issuing agency, and expiration date;(3) for emergency shipments, the transferor may accept oral certification by the transferee that the transferee is authorized by license or registration certificate to receive the type, form, and quantity of radioactive material to be transferred, specifying the license or registration certificate number, issuing agency, and expiration date, provided that the oral certification is confirmed in writing within ten days; or(4) when none of the methods of verification described in paragraphs (1) - (3) of this subsection are readily available or when a transferor desires to verify that information received by one of these methods is correct or up-to-date, the transferor may obtain and record confirmation from the agency, or the NRC, that the transferee is licensed to receive the radioactive material.(e) Preparation for shipment and transport of radioactive material shall be in accordance with the provisions of § 336.332 of this title (relating to Preparation of Radioactive Material for Transport).30 Tex. Admin. Code § 336.1123
The provisions of this §336.1123 adopted to be effective February 28, 2008, 33 TexReg 1570