By: Deuell S.B. No. 1214
A BILL TO BE ENTITLED
AN ACT
relating to consumption advisories for mercury contamination in
fish, crustaceans, molluscan shellfish, and other aquatic and
terrestrial animals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 436, Health and Safety
Code, is amended by adding Sections 436.092 and 436.093 to read as
follows:
Sec. 436.092. SURVEY. (a) The director may rely upon
surveys of the levels of mercury and mercury compounds in fish,
crustaceans, molluscan shellfish, and other aquatic or terrestrial
animals living in or near bodies of water in or bordering on this
state that have been conducted by state and federal agencies,
institutions of higher education, or other governmental entities.
(b) Annually, the director shall notify the public of the
survey results and of any declaration of a prohibited area or
consumption advisory necessary based on the survey results.
(c) The executive commissioner of the Health and Human
Services Commission may adopt rules governing the surveys used or
public notifications required under this section.
Sec. 436.093. CONSUMPTION ADVISORY FOR MERCURY.
(a) Annually, the executive commissioner of the Health and Human
Services Commission shall issue or update consumption advisories
for fish, crustaceans, molluscan shellfish, and other aquatic or
terrestrial animals living in or near bodies of water in or
bordering on this state if the surveys under Section 436.092
indicate that levels of methyl mercury in the tissues of fish or
other animals that are consumed by the public equal or exceed 0.3
mg/kg.
(b) The executive commissioner of the Health and Human
Services Commission may issue a consumption advisory if the survey
shows levels of methyl mercury lower than 0.3 mg/kg if the executive
commissioner determines that the risks of consumption of the animal
require an advisory.
(c) A consumption advisory must distinguish:
(1) risks related to particular fish or other animal
species; and
(2) risks to sensitive or at-risk populations, such as
children.
(d) The executive commissioner of the Health and Human
Services Commission shall, in consultation with the Parks and
Wildlife Commission and other state or federal agencies, post
consumption advisories:
(1) on the Internet website of the department;
(2) at any public body of water that is the subject of
an advisory; and
(3) through any other means of public notification
that the executive commissioner determines appropriate.
(e) The department shall provide on its Internet website a
map of public bodies of water in this state for which a consumption
advisory or a consumption ban has been issued.
(f) The department shall provide on its Internet website
information advising the public of the risks of consuming fish or
other animals covered by a consumption advisory under this section.
(g) The department may use its Internet website or other
means to educate the public about the risks of consumption of fish
or other animals with elevated levels of mercury or mercury
compounds.
SECTION 2. Notwithstanding Sections 436.092 and 436.093,
Health and Safety Code, as added by this Act, a consumption advisory
is not required to be issued before February 1, 2010.
SECTION 3. 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 September 1, 2009.