79R5026 KCR-D
By: Coleman 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 shall 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) The 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) The 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. 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 shall 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 BOOKLET. (a) The department
shall publish an educational booklet that:
(1) reports and explains the results of the mercury
contamination testing program established under Section 436.152;
(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 shall update and republish the
educational booklet at least once every three years.
(c) The department shall provide the Parks and Wildlife
Department with a sufficient number of the educational booklets to
allow the Parks and Wildlife Department to distribute a booklet on
request.
(d) The department shall advise, by mail or e-mail, all
public libraries, schools, and medical facilities about the
availability of the educational booklet and any related Internet
websites.
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 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 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 executive commissioner of the
Health and Human Services Commission 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 AND SHELLFISH CONSUMPTION ADVISORIES
Sec. 11.251. PUBLICATION REQUIREMENTS. (a) The department
annually shall 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 shall 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 shall accept delivery of the educational booklet
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 provide, on request, the educational
booklet published 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 or teach angler education classes concerning:
(1) 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; 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.
Sec. 11.254. SIGNS REQUIRED. The department shall 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 Chapter 436, Health and
Safety Code, advising the public of the existence of the ban or
advisory.
SECTION 3. (a) The Department of State Health Services
shall publish the educational booklet 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, 2006.
(b) The executive commissioner of the Health and Human
Services Commission 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, 2006.
(c) The Parks and Wildlife Department shall begin
publishing the 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 the Texas Parks and Wildlife Department
Outdoor Annual not later than September 1, 2006.
(d) The Parks and Wildlife Department shall begin posting
signs required by Section 11.254, Parks and Wildlife Code, as added
by this Act, as soon as practicable, but not later than January 1,
2006.
SECTION 4. This Act takes effect September 1, 2005.