By Alonzo H.B. No. 2815 74R7157 KLL-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the exposure of persons to certain toxic chemicals and 1-3 to the discharge or release into drinking water of those chemicals; 1-4 providing criminal penalties. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 341.016, Health and Safety Code, is 1-7 amended by adding Subsections (f) and (g) to read as follows: 1-8 (f) A person in the course of doing business may not 1-9 knowingly or intentionally expose an individual to a chemical known 1-10 to the state to cause cancer or reproductive toxicity without first 1-11 giving a clear and reasonable warning to the individual, without 1-12 regard to whether that individual is the person's employee. 1-13 (g) Subsection (f) does not apply if: 1-14 (1) federal law governs the warning in a manner that 1-15 preempts state authority; or 1-16 (2) the person responsible for the exposure shows that 1-17 the exposure poses no significant risk assuming lifetime exposure 1-18 at the level in question for a substance known to the state to 1-19 cause cancer, and that the exposure will have no observable effect 1-20 assuming exposure at 1,000 times the level in question for a 1-21 substance known to the state to cause reproductive toxicity, 1-22 according to evidence and standards of scientific validity 1-23 comparable to the evidence and standards that form the scientific 1-24 basis for listing the chemical as a substance known to cause cancer 2-1 or reproductive toxicity. 2-2 SECTION 2. Subchapter C, Chapter 341, Health and Safety 2-3 Code, is amended by adding Section 341.0311 to read as follows: 2-4 Sec. 341.0311. DISCHARGE OF CERTAIN CHEMICALS INTO DRINKING 2-5 WATER. (a) A person in the course of doing business may not 2-6 knowingly discharge or release a chemical known to the state to 2-7 cause cancer or reproductive toxicity on or in water or land in a 2-8 manner that the chemical passes or is likely to pass into a source 2-9 of drinking water. 2-10 (b) Subsection (a) does not apply to a discharge or release 2-11 if the discharger shows it will not cause any significant amount of 2-12 the discharged or released chemical to enter a source of drinking 2-13 water and if the discharge or release is in compliance with all 2-14 applicable regulations. 2-15 SECTION 3. Section 341.047(a), Health and Safety Code, is 2-16 amended to read as follows: 2-17 (a) A person commits an offense if the person: 2-18 (1) violates a provision of Section 341.031 or 2-19 341.0311; 2-20 (2) violates a provision of Section 341.032(a) or (b); 2-21 (3) violates a provision of Section 341.033(a)-(f); 2-22 (4) constructs a drinking water supply system without 2-23 submitting completed plans and specifications as required by 2-24 Section 341.035(a); 2-25 (5) establishes a drinking water supply system without 2-26 the commission's approval as required by Section 341.035(a); 2-27 (6) violates a provision of Section 341.035(b) or (c); 3-1 (7) fails to remove a sign as required by Section 3-2 341.035(e); or 3-3 (8) violates a provision of Section 341.036. 3-4 SECTION 4. The importance of this legislation and the 3-5 crowded condition of the calendars in both houses create an 3-6 emergency and an imperative public necessity that the 3-7 constitutional rule requiring bills to be read on three several 3-8 days in each house be suspended, and this rule is hereby suspended, 3-9 and that this Act take effect and be in force from and after its 3-10 passage, and it is so enacted.