| 1 | 1 | | By: Deuell S.B. No. 506 |
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| 2 | 2 | | (In the Senate - Filed February 2, 2011; February 17, 2011, |
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| 3 | 3 | | read first time and referred to Committee on Health and Human |
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| 4 | 4 | | Services; April 21, 2011, reported adversely, with favorable |
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| 5 | 5 | | Committee Substitute by the following vote: Yeas 6, Nays 3; |
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| 6 | 6 | | April 21, 2011, sent to printer.) |
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| 7 | 7 | | COMMITTEE SUBSTITUTE FOR S.B. No. 506 By: Deuell |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | relating to consumption advisories for mercury contamination in |
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| 13 | 13 | | fish, crustaceans, molluscan shellfish, and other aquatic and |
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| 14 | 14 | | terrestrial animals. |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 16 | | SECTION 1. Subchapter G, Chapter 436, Health and Safety |
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| 17 | 17 | | Code, is amended by adding Sections 436.092 and 436.093 to read as |
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| 18 | 18 | | follows: |
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| 19 | 19 | | Sec. 436.092. SURVEY. (a) The director shall rely on |
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| 20 | 20 | | surveys of the levels of mercury and mercury compounds in fish, |
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| 21 | 21 | | crustaceans, molluscan shellfish, and other aquatic or terrestrial |
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| 22 | 22 | | animals living in or near bodies of water in or bordering on this |
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| 23 | 23 | | state that have been conducted by the department to determine |
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| 24 | 24 | | whether to issue a consumption advisory under Section 436.093. |
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| 25 | 25 | | (b) Annually, the director shall notify the public of the |
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| 26 | 26 | | survey results and of any declaration of a prohibited area or |
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| 27 | 27 | | consumption advisory necessary based on the survey results. |
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| 28 | 28 | | (c) The executive commissioner of the Health and Human |
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| 29 | 29 | | Services Commission may adopt rules governing the surveys used or |
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| 30 | 30 | | public notifications required under this section. |
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| 31 | 31 | | Sec. 436.093. CONSUMPTION ADVISORY FOR MERCURY. |
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| 32 | 32 | | (a) Annually, the director shall issue or update consumption |
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| 33 | 33 | | advisories for fish, crustaceans, molluscan shellfish, and other |
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| 34 | 34 | | aquatic or terrestrial animals living in or near bodies of water in |
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| 35 | 35 | | or bordering on this state if the surveys under Section 436.092 |
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| 36 | 36 | | indicate that levels of methyl mercury in the tissues of fish or |
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| 37 | 37 | | other animals that are consumed by the public equal or exceed 0.3 |
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| 38 | 38 | | mg/kg. |
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| 39 | 39 | | (b) The director may issue a consumption advisory if the |
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| 40 | 40 | | survey shows levels lower than 0.3 mg/kg if the director determines |
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| 41 | 41 | | that the risks of consumption of the animal require an advisory. |
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| 42 | 42 | | (c) A consumption advisory must distinguish: |
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| 43 | 43 | | (1) risks related to particular fish or other animal |
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| 44 | 44 | | species; and |
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| 45 | 45 | | (2) risks to sensitive or at-risk populations, such as |
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| 46 | 46 | | children. |
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| 47 | 47 | | (d) The director shall, in consultation with the Texas Parks |
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| 48 | 48 | | and Wildlife Commission and other state or federal agencies, post |
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| 49 | 49 | | consumption advisories: |
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| 50 | 50 | | (1) on the Internet website of the department; and |
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| 51 | 51 | | (2) through any other means of public notification |
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| 52 | 52 | | that the director determines appropriate. |
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| 53 | 53 | | (e) In consultation with the department and subject to |
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| 54 | 54 | | adequate funds, the Parks and Wildlife Commission shall post a |
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| 55 | 55 | | consumption advisory at each public body of water that is the |
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| 56 | 56 | | subject of an advisory. |
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| 57 | 57 | | (f) The department shall provide on its Internet website a |
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| 58 | 58 | | map of public bodies of water in this state for which a consumption |
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| 59 | 59 | | advisory or a consumption ban has been issued. |
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| 60 | 60 | | (g) The department shall provide on its Internet website |
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| 61 | 61 | | information advising the public of the risks of consuming fish or |
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| 62 | 62 | | other animals covered by a consumption advisory under this section. |
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| 63 | 63 | | (h) The department may use its Internet website or other |
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| 64 | 64 | | means to educate the public about the risks of consumption of fish |
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| 65 | 65 | | or other animals with elevated levels of mercury or mercury |
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| 66 | 66 | | compounds. |
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| 67 | 67 | | SECTION 2. Notwithstanding Sections 436.092 and 436.093, |
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| 68 | 68 | | Health and Safety Code, as added by this Act, a consumption advisory |
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| 69 | 69 | | is not required to be issued before February 1, 2012. |
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| 70 | 70 | | SECTION 3. This Act takes effect immediately if it receives |
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| 71 | 71 | | a vote of two-thirds of all the members elected to each house, as |
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| 72 | 72 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 73 | 73 | | Act does not receive the vote necessary for immediate effect, this |
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| 74 | 74 | | Act takes effect September 1, 2011. |
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| 75 | 75 | | * * * * * |
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