83R4868 SLB-F
By: Guillen H.B. No. 993
A BILL TO BE ENTITLED
AN ACT
relating to public notice by the Parks and Wildlife Department of
consumption advisories for mercury contamination in certain
aquatic and terrestrial animals, including fish, crustaceans, and
molluscan shellfish.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 66, Parks and Wildlife Code, is amended
by adding Subchapter E to read as follows:
SUBCHAPTER E. CONSUMPTION ADVISORIES
Sec. 66.401. INFORMATION ON MERCURY. (a) In this section:
(1) "Health services department" means the Department
of State Health Services.
(2) "Mercury risk" means a risk to the public or to a
segment of the public from the consumption of fish, crustaceans, or
shellfish contaminated with mercury.
(b) If the department or the health services department
identifies a public lake or reservoir as having a risk for mercury
contamination, subject to adequate funds, the department may post a
sign at that public lake or reservoir, provide information on the
department's website, or produce and provide to the public
educational materials to advise the public of mercury risk at that
public lake or reservoir. For the purposes of this subsection, the
department shall cooperate with the health services department and
an agency or political subdivision that has jurisdiction over the
public lake or reservoir.
(c) If the department or the health services department
identifies a body of water located in a state park as having a risk
for mercury contamination, subject to adequate funds, the
department shall post signs at fishing piers and boat launch
facilities used to access the body of water to advise the public of
mercury risk.
SECTION 2. 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 aquatic or
terrestrial animals, including fish, crustaceans, and molluscan
shellfish, 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. The rules may
not conflict with or establish standards that differ from the
standards that have been established by written agreement pursuant
to a regulatory program of a federal or state agency on or before
September 1, 2013.
Sec. 436.093. CONSUMPTION ADVISORY FOR MERCURY. (a)
Annually, the director shall issue or update consumption advisories
for aquatic or terrestrial animals, including fish, crustaceans,
and molluscan shellfish, 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 the 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 animal species; and
(2) risks to sensitive or at-risk populations, such as
children.
(d) The director shall, in consultation with the Parks and
Wildlife Commission and other state or federal agencies, post
consumption advisories:
(1) on the department's Internet website; 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:
(1) a map of the public bodies of water in this state
for which a consumption advisory or a consumption ban has been
issued; and
(2) information advising the public of the risks of
consuming 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
animals with elevated levels of mercury or mercury compounds.
SECTION 3. The heading to Chapter 436, Health and Safety
Code, is amended to read as follows:
CHAPTER 436. AQUATIC AND CERTAIN TERRESTRIAL LIFE
SECTION 4. The heading to Subchapter G, Chapter 436, Health
and Safety Code, is amended to read as follows:
SUBCHAPTER G. AQUATIC AND CERTAIN TERRESTRIAL LIFE FROM PROHIBITED
AREAS
SECTION 5. Notwithstanding Sections 436.092 and 436.093,
Health and Safety Code, and Section 66.401(c), Parks and Wildlife
Code, as added by this Act, a consumption advisory is not required
to be issued before February 1, 2014.
SECTION 6. 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, 2013.