By McCall H.B. No. 55
74R328(1) DLF
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to release of genetically modified organisms.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle E, Title 5, Health and Safety Code, is
1-5 amended to read as follows:
1-6 SUBTITLE E. GENETICALLY MODIFIED ORGANISMS
1-7 <WATER USE REGULATION>
1-8 CHAPTER 421. ENVIRONMENTAL IMPACT ASSESSMENT
1-9 Sec. 421.001. DEFINITIONS. In this chapter:
1-10 (1) "Board" means the Texas Board of Health.
1-11 (2) "Department" means the Texas Department of Health.
1-12 (3) "Genetically modified organism" means an organism
1-13 that has been altered at the molecular or single-cell level,
1-14 including an organism changed or created through recombinant DNA
1-15 techniques or other similar genetic engineering techniques.
1-16 (4) "Organism" means a life form, including vertebrate
1-17 and invertebrate animals, plants, bacteria, fungi, mycoplasmas,
1-18 mycoplasma-like organisms, viroids, and viruses.
1-19 Sec. 421.002. ENVIRONMENTAL IMPACT ASSESSMENT REQUIRED. A
1-20 person may not release a genetically modified organism in this
1-21 state unless that person prepares and files with the department an
1-22 environmental impact assessment that complies with this chapter.
1-23 Sec. 421.003. ENVIRONMENTAL IMPACT ASSESSMENT. (a) Subject
1-24 to Section 421.004, an environmental impact assessment filed under
2-1 this chapter shall be in the form and shall contain the information
2-2 required by the board.
2-3 (b) The environmental impact assessment filed under this
2-4 chapter is available for public inspection during department office
2-5 hours.
2-6 Sec. 421.004. COORDINATION WITH FEDERAL LAW. (a) The
2-7 department shall cooperate with federal agencies to reduce
2-8 duplication between federal and state requirements.
2-9 (b) The department shall accept environmental impact
2-10 assessments or statements prepared to comply with federal law,
2-11 together with any additional material required by the department,
2-12 as complying with the requirements of this chapter.
2-13 Sec. 421.005. COORDINATION WITH OTHER AGENCIES. (a) At the
2-14 end of each calendar quarter, the department shall publish a list
2-15 of environmental impact assessments filed with it under this
2-16 chapter during that quarter. The department shall maintain a
2-17 mailing list of each state agency that has requested a copy of the
2-18 list and shall mail a copy to each agency on the mailing list at
2-19 the end of each calendar quarter.
2-20 (b) The department shall provide a copy of an environmental
2-21 impact assessment filed under this chapter to a state agency at the
2-22 request of that agency.
2-23 Sec. 421.006. AUTHORITY OF DEPARTMENT. This chapter does
2-24 not grant to the department authority to approve or deny a proposal
2-25 to release genetically modified organisms in this state.
2-26 SECTION 2. Not later than January 1, 1996, the Texas Board
2-27 of Health shall adopt initial rules governing the form and content
3-1 of the environmental impact assessments as required by Section
3-2 421.003, Health and Safety Code, as added by this Act.
3-3 SECTION 3. This Act takes effect September 1, 1995, and
3-4 applies only to the release of a genetically modified organism on
3-5 or after January 1, 1996. The release of a genetically modified
3-6 organism before January 1, 1996, is governed by the law as it
3-7 existed immediately before the effective date of this Act, and that
3-8 law is continued in effect for that purpose.
3-9 SECTION 4. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended.