78R6848 KCR-D
By: Coleman H.B. No. 2719
A BILL TO BE ENTITLED
AN ACT
relating to mercury contamination in fish and shellfish.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 436, Health and Safety Code, is amended
by adding Subchapter J to read as follows:
SUBCHAPTER J. CONTAMINATION TESTING
Sec. 436.151. DEFINITIONS. In this subchapter, "fresh
water" and "salt water" have the meanings assigned by Section
66.001, Parks and Wildlife Code.
Sec. 436.152. TESTING FOR MERCURY CONTAMINATION. (a) The
department shall establish a program to test all fresh water and
salt water within the state's jurisdiction for mercury
contamination that negatively impacts aquatic life.
(b) The program established under Subsection (a) must
provide for periodic testing of all fresh water and salt water
within the state's jurisdiction. The length of time between mercury
contamination tests on a body of fresh water or salt water may not
exceed three years.
(c) The program established under Subsection (a) must give
first priority to testing bodies of fresh water and salt water that
have not previously been tested for mercury contamination by the
department. All bodies of fresh water and salt water that have not
previously been tested for mercury contamination by the department
must be tested for mercury contamination before any body of fresh
water or salt water that has been previously tested for mercury
contamination by the department is tested again.
Sec. 436.153. DECLARATION OF PROHIBITED AREAS. The
director shall exercise the director's power under Section 436.091
to declare a prohibited area if mercury contamination testing of an
area reveals that the level of mercury contamination in the area
renders aquatic life in the tested water unfit for human
consumption.
Sec. 436.154. EDUCATIONAL PAMPHLET. (a) The department
shall publish an educational pamphlet that:
(1) reports and explains the results of the mercury
contamination testing program established under Section 436.152;
(2) lists any fish consumption advisories,
recommended fish consumption amounts, and fish consumption bans
issued by the director under Section 436.091 or this subchapter;
and
(3) advises consumers of the risks associated with
eating aquatic life from prohibited areas or from a body of water
with a high level of mercury contamination.
(b) The department shall update and republish the
educational pamphlet at least once every three years.
(c) The department shall provide the Parks and Wildlife
Department with a sufficient number of the educational pamphlets to
allow the Parks and Wildlife Department to distribute a pamphlet
with each fishing license sold in this state.
Sec. 436.155. PUBLIC SERVICE ANNOUNCEMENT. (a) The
department shall prepare and issue a public service announcement or
series of public service announcements for broadcast on radio or
television that advise consumers of:
(1) the risks associated with eating aquatic life from
prohibited areas or from a body of water with a high level of
mercury contamination; and
(2) places where consumers can obtain more information
concerning water contamination and aquatic life consumption.
(b) The department shall update and reissue the public
service announcement or series of public service announcements at
least once every three years.
(c) The department shall notify appropriate media outlets
of the availability of the public service announcement or series of
public service announcements issued under Subsection (a) and shall
provide requesting media outlets with the announcement or series of
announcements.
Sec. 436.156. RULES. The board shall adopt rules as
necessary to implement this subchapter.
SECTION 2. Chapter 11, Parks and Wildlife Code, is amended
by adding Subchapter K to read as follows:
SUBCHAPTER K. FISH CONSUMPTION ADVISORIES
Sec. 11.251. PUBLICATION REQUIREMENTS. (a) The department
annually shall list all fish consumption advisories, recommended
fish consumption amounts, and fish consumption bans issued by the
Texas Department of Health under Chapter 436, Health and Safety
Code, in the Texas Parks and Wildlife Department Outdoor Annual.
(b) The department shall maintain a current list of all fish
consumption advisories, recommended fish consumption amounts, and
fish consumption bans issued by the Texas Department of Health
under Chapter 436, Health and Safety Code, in a conspicuous place on
the department's Internet website.
Sec. 11.252. DISTRIBUTION REQUIREMENTS. (a) The
department shall accept delivery of the educational pamphlet
published by the Texas Department of Health and provided to the
department under Section 436.154, Health and Safety Code.
(b) The department shall require a person selling fishing
licenses in the state to distribute with each fishing license sold
the educational pamphlet published by the Texas Department of
Health under Section 436.154, Health and Safety Code.
Sec. 11.253. PROFESSIONAL EDUCATION REQUIREMENTS. The
department shall provide training for all department employees who
sell fishing licenses concerning:
(1) fish consumption advisories, recommended fish
consumption amounts, and fish consumption bans issued by the Texas
Department of Health under Chapter 436, Health and Safety Code; and
(2) the risks associated with eating aquatic life from
prohibited areas or from a body of water with a high level of
mercury contamination.
Sec. 11.254. SIGNS REQUIRED. The department shall post and
maintain signs at all public boat ramps providing access to fresh
water or salt water that is affected by a fish consumption advisory
or fish consumption ban issued by the Texas Department of Health
under Chapter 436, Health and Safety Code, advising the public of
the existence of the ban or advisory.
SECTION 3. (a) This Act takes effect September 1, 2003.
(b) The Texas Department of Health shall publish the
educational pamphlet and shall prepare the public service
announcement or series of public service announcements required by
Subchapter J, Chapter 436, Health and Safety Code, as added by this
Act, not later than June 1, 2004.
(c) The director of the Texas Department of Health shall
adopt the rules necessary for the implementation of Subchapter J,
Chapter 436, Health and Safety Code, as added by this Act, not later
than January 1, 2004.
(d) The Parks and Wildlife Department shall begin
publishing the list of all fish consumption advisories, recommended
fish consumption amounts, and fish consumption bans issued by the
Texas Department of Health under Chapter 436, Health and Safety
Code, in the Texas Parks and Wildlife Department Outdoor Annual not
later than September 1, 2004.