By: Deuell S.B. No. 506
(In the Senate - Filed February 2, 2011; February 17, 2011,
read first time and referred to Committee on Health and Human
Services; April 21, 2011, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 3;
April 21, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 506 By: Deuell
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 shall rely on
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 the department to determine
whether to issue a consumption advisory under Section 436.093.
(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 director 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 director may issue a consumption advisory if the
survey shows levels lower than 0.3 mg/kg if the director 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 director shall, in consultation with the Texas Parks
and Wildlife Commission and other state or federal agencies, post
consumption advisories:
(1) on the Internet website of the department; and
(2) through any other means of public notification
that the director determines appropriate.
(e) In consultation with the department and subject to
adequate funds, the Parks and Wildlife Commission shall post a
consumption advisory at each public body of water that is the
subject of an advisory.
(f) 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.
(g) 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.
(h) 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, 2012.
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, 2011.
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