Texas 2009 - 81st Regular

Texas Senate Bill SB1214 Compare Versions

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1	1	By: Deuell S.B. No. 1214
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to consumption advisories for mercury contamination in
7	7	fish, crustaceans, molluscan shellfish, and other aquatic and
8	8	terrestrial animals.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter G, Chapter 436, Health and Safety
11	11	Code, is amended by adding Sections 436.092 and 436.093 to read as
12	12	follows:
13	13	Sec. 436.092. SURVEY. (a) The director may rely upon
14	14	surveys of the levels of mercury and mercury compounds in fish,
15	15	crustaceans, molluscan shellfish, and other aquatic or terrestrial
16	16	animals living in or near bodies of water in or bordering on this
17	17	state that have been conducted by state and federal agencies,
18	18	institutions of higher education, or other governmental entities.
19	19	(b) Annually, the director shall notify the public of the
20	20	survey results and of any declaration of a prohibited area or
21	21	consumption advisory necessary based on the survey results.
22	22	(c) The executive commissioner of the Health and Human
23	23	Services Commission may adopt rules governing the surveys used or
24	24	public notifications required under this section.
25	25	Sec. 436.093. CONSUMPTION ADVISORY FOR MERCURY.
26	26	(a) Annually, the executive commissioner of the Health and Human
27	27	Services Commission shall issue or update consumption advisories
28	28	for fish, crustaceans, molluscan shellfish, and other aquatic or
29	29	terrestrial animals living in or near bodies of water in or
30	30	bordering on this state if the surveys under Section 436.092
31	31	indicate that levels of methyl mercury in the tissues of fish or
32	32	other animals that are consumed by the public equal or exceed 0.3
33	33	mg/kg.
34	34	(b) The executive commissioner of the Health and Human
35	35	Services Commission may issue a consumption advisory if the survey
36	36	shows levels of methyl mercury lower than 0.3 mg/kg if the executive
37	37	commissioner determines that the risks of consumption of the animal
38	38	require an advisory.
39	39	(c) A consumption advisory must distinguish:
40	40	(1) risks related to particular fish or other animal
41	41	species; and
42	42	(2) risks to sensitive or at-risk populations, such as
43	43	children.
44	44	(d) The executive commissioner of the Health and Human
45	45	Services Commission shall, in consultation with the Parks and
46	46	Wildlife Commission and other state or federal agencies, post
47	47	consumption advisories:
48	48	(1) on the Internet website of the department;
49	49	(2) at any public body of water that is the subject of
50	50	an advisory; and
51	51	(3) through any other means of public notification
52	52	that the executive commissioner determines appropriate.
53	53	(e) The department shall provide on its Internet website a
54	54	map of public bodies of water in this state for which a consumption
55	55	advisory or a consumption ban has been issued.
56	56	(f) The department shall provide on its Internet website
57	57	information advising the public of the risks of consuming fish or
58	58	other animals covered by a consumption advisory under this section.
59	59	(g) The department may use its Internet website or other
60	60	means to educate the public about the risks of consumption of fish
61	61	or other animals with elevated levels of mercury or mercury
62	62	compounds.
63	63	SECTION 2. Notwithstanding Sections 436.092 and 436.093,
64	64	Health and Safety Code, as added by this Act, a consumption advisory
65	65	is not required to be issued before February 1, 2010.
66	66	SECTION 3. This Act takes effect immediately if it receives
67	67	a vote of two-thirds of all the members elected to each house, as
68	68	provided by Section 39, Article III, Texas Constitution. If this
69	69	Act does not receive the vote necessary for immediate effect, this
70	70	Act takes effect September 1, 2009.