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A BILL TO BE ENTITLED
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AN ACT
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relating to sanitary, chemical, or bacteriological surveys of |
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bodies of public water conducted by the Department of State Health |
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Services and related fish advisories. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 436, Health and Safety |
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Code, is amended by adding Sections 436.092 through 436.098 to read |
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as follows: |
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Sec. 436.092. DUTIES OF DIRECTOR. Before conducting a |
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sanitary, chemical, or bacteriological survey of a body of public |
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water, the director shall: |
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(1) prepare a proposed quality assurance project plan |
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that complies with Section 436.094 and is designed specifically for |
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the body of public water subject to the survey; |
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(2) publish notice of the proposed survey at least |
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once in a newspaper regularly published or circulated in each |
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county in which the body of public water is located and provide |
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individual notice as required by Section 436.093; and |
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(3) provide a public review and comment period in |
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accordance with Section 436.095. |
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Sec. 436.093. NOTICE TO STAKEHOLDERS. (a) The director |
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shall identify persons with a direct interest in a body of public |
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water that is the subject of a proposed sanitary, chemical, or |
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bacteriological survey, including: |
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(1) the executive director of the Texas Commission on |
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Environmental Quality; |
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(2) the executive director of the Texas Parks and |
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Wildlife Department; |
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(3) a representative of each water district or river |
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authority with jurisdiction over the body of public water subject |
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to the proposed survey; |
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(4) a representative of the segment of the Texas Clean |
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Rivers Program administered by the Texas Commission on |
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Environmental Quality that performs functions in relation to the |
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body of public water; |
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(5) a representative of each municipality: |
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(A) any portion of which is located within five |
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miles of the body of public water; |
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(B) that maintains municipal facilities on or at |
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the body of public water; or |
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(C) for which the body of public water is a source |
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of drinking water or a discharge point for effluent; |
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(6) a representative of each industrial or commercial |
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entity that uses the body of public water or is otherwise dependent |
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on the body of public water in the entity's business; and |
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(7) a representative of any nongovernmental entity, |
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such as a citizen or public interest group, that has as its primary |
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purpose the preservation and protection of the body of public |
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water. |
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(b) Not later than the 60th day before the proposed survey |
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is scheduled to begin, the director shall mail notice of the |
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proposed survey to each person listed or identified under |
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Subsection (a). The notice must state: |
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(1) the reason for the proposed survey; |
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(2) the director's statutory and regulatory authority |
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to conduct the proposed survey; |
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(3) the name, address, and phone number of a contact |
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person at the department who is knowledgeable concerning the |
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proposed survey and responsible for addressing questions from |
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interested persons and other members of the public; |
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(4) the contaminants to be sampled in the proposed |
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survey; |
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(5) a description of the opportunity for interested |
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persons and other members of the public to learn more about the |
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proposed survey; and |
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(6) a description of the review and comment process |
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for the proposed survey and the proposed quality assurance project |
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plan. |
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Sec. 436.094. QUALITY ASSURANCE PROJECT PLAN. The quality |
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assurance project plan for a sanitary, chemical, or bacteriological |
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survey of a body of public water must include: |
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(1) a general description of the survey; |
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(2) a statement of the objective of the survey; |
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(3) a description of the sampling and analytical |
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methods and quality assurance procedures; |
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(4) a description of the methodology to be employed to |
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interpret survey data; |
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(5) a description of the roles and responsibilities of |
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the survey participants; |
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(6) a statement of the schedule for conducting the |
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survey and obtaining survey results and the information anticipated |
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to be obtained by the survey; and |
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(7) a map showing proposed sampling locations. |
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Sec. 436.095. REVIEW AND COMMENT PERIOD. (a) The director |
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shall provide a review and comment period of at least 30 days during |
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which interested persons and other members of the public may |
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comment on the proposed sanitary, chemical, or bacteriological |
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survey of a body of public water and the proposed quality assurance |
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project plan. |
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(b) Before conducting the proposed sanitary, chemical, or |
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bacteriological survey, the director must consider each comment |
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received during the review and comment period and provide a written |
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response to the comments. |
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(c) The director's response to comments must either accept |
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or reject each comment and state the reason the comment was |
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accepted or rejected. |
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Sec. 436.096. NOTICE TO PUBLIC OF RESPONSE TO COMMENTS AND |
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QUALITY ASSURANCE PLAN. (a) After the close of the review and |
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comment period and before a proposed sanitary, chemical, or |
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bacteriological survey of a body of public water is conducted, the |
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department shall make available to the public the director's |
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written response to comments and a final quality assurance project |
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plan. |
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(b) The director shall mail notice of the response to |
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comments and final quality assurance project plan to each person |
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listed by or identified under Section 436.093(a) and to each person |
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who submitted a comment during the review and comment period. |
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Sec. 436.097. NOTICE ON COMPLETION OF SURVEY. (a) On |
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completion of a sanitary, chemical, or bacteriological survey of a |
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body of public water, the director shall notify the public of the |
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survey results and of any declaration of a prohibited area or fish |
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advisory the director considers necessary based on the survey |
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results. |
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(b) Notice under this section must be published at least |
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once in a newspaper regularly published or circulated in each |
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county in which the body of public water is located. The director |
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shall mail the notice to each person listed by or identified under |
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Section 436.093(a) and to each person who submitted a comment |
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during the review and comment period. |
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Sec. 436.098. FISH ADVISORIES. (a) The executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules in accordance with this section to establish standards |
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for the form and content of health advisories concerning |
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consumption of fish to ensure that the advisories communicate the |
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appropriate level of risk associated with fish consumption. |
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(b) If survey data obtained from a body of public water |
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suggest a distinction is appropriate, a fish advisory must |
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distinguish: |
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(1) risks related to particular fish species; |
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(2) risks related to fish of a particular size; and |
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(3) risks to sensitive or at-risk populations, such as |
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children or nursing or pregnant women. |
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(c) Rules adopted under this section must address other |
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areas of potential public concern that may arise from the issuance |
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of a fish advisory, including swimming, boating, catch-and-release |
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fishing, and other recreational activities. |
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(d) If a fish advisory is issued, the department shall |
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provide ongoing assistance to the public and interested persons in |
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the effective communication of the advisory through preparation of |
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circulars, maintaining posted signs, and providing a department |
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contact for questions that arise regarding the advisory. |
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(e) Rules adopted under this section must require that the |
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department review each fish advisory at least once during each |
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four-year period. At a minimum, the review must: |
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(1) address the adequacy of the survey on which the |
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advisory is based considering developments in applicable science or |
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documented changes in underlying conditions of the body of public |
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water; and |
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(2) consider credible information provided by |
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interested persons and other members of the public. |
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(f) The department may accept gifts and grants to fund |
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surveys related to fish advisories. Rules adopted under this |
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section must include provisions to ensure that: |
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(1) appropriate information concerning the conduct of |
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surveys supported by the gifts and grants is available to |
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interested persons and other members of the public; and |
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(2) the surveys supported by gifts and grants produce |
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reliable data. |
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SECTION 2. The executive commissioner of the Health and |
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Human Services Commission shall adopt rules as necessary to |
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implement this Act not later than January 1, 2008. |
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SECTION 3. This Act applies only to a sanitary, chemical, or |
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bacteriological survey of a body of public water conducted on or |
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after January 1, 2008. |
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SECTION 4. This Act applies only to a fish advisory issued |
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or in effect on or after January 1, 2008. |
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SECTION 5. This Act takes effect September 1, 2007. |