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79R4838 SLO-D

By:  Coleman                                                      H.B. No. 3451



A BILL TO BE ENTITLED

AN ACT

relating to adoption of rules by the Texas Commission on 
Environmental Quality relating to effects screening levels.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 382, Health and Safety 
Code, is amended by adding Section 382.042 to read as follows:
	Sec. 382.042.  EFFECTS SCREENING LEVELS; PENALTY.  (a)  The 
commission by rule shall set effects screening levels that evaluate 
the potential for effects to occur as a result of exposure to 
concentrations of air contaminants.  The effects screening levels 
must:
		(1)  be based in part on the effects, including the 
long-term and short-term health effects, of 24-hour exposure of a 
person who is pregnant, elderly, or a child to the contaminants at 
the fence line of the emission source; and
		(2)  measure for a wide variety of contaminants.                       
	(b)  A person may not cause, suffer, allow, or permit the 
emission of any air contaminant or the performance of any activity 
that causes an effects screening level set by the commission under 
Subsection (a) to be exceeded.  The commission by rule shall 
establish requirements for the assessment of a penalty for a 
violation of this subsection.
	SECTION 2.  Not later than January 1, 2006, the Texas 
Commission on Environmental Quality shall adopt rules relating to 
effects screening levels as required by Section 382.042, Health and 
Safety Code, as added by this Act.
	SECTION 3.  This Act takes effect September 1, 2005.