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.