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.