79(R) HB 1303 - House Committee Report version


                                                                                
79R11803 KCR-D


By:  Coleman                                                      H.B. No. 1303

Substitute the following for H.B. No. 1303:                                   

By:  Hilderbran                                               C.S.H.B. No. 1303



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 may establish a program to test fish and shellfish 
living in all bodies of fresh water and salt water within the 
state's jurisdiction for mercury contamination.
	(b)  A program established under Subsection (a) must provide 
for periodic testing of fish and shellfish living in all bodies of 
fresh water and salt water within the state's jurisdiction. The 
length of time between mercury contamination tests on fish and 
shellfish living in a particular body of fresh water or salt water 
may not exceed three years.
	(c)  A program established under Subsection (a) must give 
first priority to testing fish and shellfish living in bodies of 
fresh water and salt water that have not previously been tested for 
mercury contamination by the department.  Under that program, the 
department must test the fish and shellfish for mercury 
contamination in all bodies of fresh water and salt water that have 
not previously been tested for mercury contamination by the 
department before again testing any body of fresh water or salt 
water in which fish and shellfish have been previously tested for 
mercury contamination by the department.
	Sec. 436.153.  DECLARATION OF PROHIBITED AREAS.  The 
director may exercise the director's power under Section 436.091 to 
declare a prohibited area if mercury contamination testing of fish 
or shellfish in the area reveals that the level of mercury 
contamination in the tested fish or shellfish renders the fish or 
shellfish in the body of water unfit for human consumption.
	Sec. 436.154.  EDUCATIONAL PAMPHLET.  (a)  The department 
may publish an educational pamphlet that:
		(1)  reports and explains the results of the mercury 
contamination testing program established under Section 436.152, 
if the program is established;
		(2)  lists any fish or shellfish consumption 
advisories, recommended fish and shellfish consumption amounts, 
and fish or shellfish consumption bans issued by the director under 
Section 436.091 or this subchapter; and
		(3)  advises consumers of the risks associated with 
eating fish or shellfish from prohibited areas or from a body of 
water with a high level of mercury contamination.
	(b)  The department may update and republish the educational 
pamphlet at least once every three years.
	(c)  The department may 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 on 
request.
	(d)  The department may advise, by mail or e-mail, all public 
libraries, schools, and medical facilities about the availability 
of the educational pamphlet and any related Internet websites.
	Sec. 436.155.  PUBLIC SERVICE ANNOUNCEMENT.  (a)  The 
department may prepare and issue a public service announcement or 
series of public service announcements for broadcast on radio or 
television to advise consumers of:
		(1)  the risks associated with eating fish or shellfish 
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 fish and shellfish consumption.
	(b)  The department may update and reissue the public service 
announcement or series of public service announcements at least 
once every three years.
	(c)  The department may notify appropriate media outlets of 
the availability of the public service announcement or series of 
public service announcements issued under Subsection (a) and may 
provide requesting media outlets with the announcement or series of 
announcements.
	Sec. 436.156.  SIGNS AT BOAT RAMPS.  The department may post 
and maintain signs in the two most widely used languages in the area 
at all public boat ramps providing access to fresh water or salt 
water that is affected by a fish or shellfish consumption advisory 
or fish or shellfish consumption ban issued under Section 436.091 
or this subchapter advising the public of the existence of the ban 
or advisory.
	Sec. 436.157.  RULES.  The executive commissioner of the 
Health and Human Services Commission may 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 AND SHELLFISH CONSUMPTION ADVISORIES
	Sec. 11.251.  PUBLICATION REQUIREMENTS.  (a)  The department 
annually may list all fish and shellfish consumption advisories, 
recommended fish and shellfish consumption amounts, and fish and 
shellfish consumption bans issued under Chapter 436, Health and 
Safety Code, in the Texas Parks and Wildlife Department Outdoor 
Annual.
	(b)  The department may maintain a current list of all fish 
and shellfish consumption advisories, recommended fish and 
shellfish consumption amounts, and fish and shellfish consumption 
bans issued 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 may accept delivery of any educational pamphlet provided 
to the department under Section 436.154, Health and Safety Code.
	(b)  The department may require a person selling fishing 
licenses in the state to provide, on request, any educational 
pamphlet published under Section 436.154, Health and Safety Code.
	Sec. 11.253.  PROFESSIONAL EDUCATION REQUIREMENTS.  The 
department may provide training for all department employees who 
sell fishing licenses or teach angler education classes concerning:
		(1)  fish and shellfish consumption advisories, 
recommended fish and shellfish consumption amounts, and fish and 
shellfish consumption bans that may be issued under Chapter 436, 
Health and Safety Code; and
		(2)  the risks associated with eating fish or shellfish 
from prohibited areas or from a body of water with a high level of 
mercury contamination.
	SECTION 3.  This Act takes effect September 1, 2005.