By: Deuell S.B. No. 1214
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to consumption advisories for mercury contamination in
  fish, crustaceans, molluscan shellfish, and other aquatic and
  terrestrial animals.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter G, Chapter 436, Health and Safety
  Code, is amended by adding Sections 436.092 and 436.093 to read as
  follows:
         Sec. 436.092.  SURVEY. (a)  The director may rely upon
  surveys of the levels of mercury and mercury compounds in fish,
  crustaceans, molluscan shellfish, and other aquatic or terrestrial
  animals living in or near bodies of water in or bordering on this
  state that have been conducted by state and federal agencies,
  institutions of higher education, or other governmental entities.
         (b)  Annually, the director shall notify the public of the
  survey results and of any declaration of a prohibited area or
  consumption advisory necessary based on the survey results.
         (c)  The executive commissioner of the Health and Human
  Services Commission may adopt rules governing the surveys used or
  public notifications required under this section.
         Sec. 436.093.  CONSUMPTION ADVISORY FOR MERCURY.
  (a)  Annually, the executive commissioner of the Health and Human
  Services Commission shall issue or update consumption advisories
  for fish, crustaceans, molluscan shellfish, and other aquatic or
  terrestrial animals living in or near bodies of water in or
  bordering on this state if the surveys under Section 436.092
  indicate that levels of methyl mercury in the tissues of fish or
  other animals that are consumed by the public equal or exceed 0.3
  mg/kg.
         (b)  The executive commissioner of the Health and Human
  Services Commission may issue a consumption advisory if the survey
  shows levels of methyl mercury lower than 0.3 mg/kg if the executive
  commissioner determines that the risks of consumption of the animal
  require an advisory.
         (c)  A consumption advisory must distinguish:
               (1)  risks related to particular fish or other animal
  species; and
               (2)  risks to sensitive or at-risk populations, such as
  children.
         (d)  The executive commissioner of the Health and Human
  Services Commission shall, in consultation with the Parks and
  Wildlife Commission and other state or federal agencies, post
  consumption advisories:
               (1)  on the Internet website of the department;
               (2)  at any public body of water that is the subject of
  an advisory; and
               (3)  through any other means of public notification
  that the executive commissioner determines appropriate.
         (e)  The department shall provide on its Internet website a
  map of public bodies of water in this state for which a consumption
  advisory or a consumption ban has been issued.
         (f)  The department shall provide on its Internet website
  information advising the public of the risks of consuming fish or
  other animals covered by a consumption advisory under this section.
         (g)  The department may use its Internet website or other
  means to educate the public about the risks of consumption of fish
  or other animals with elevated levels of mercury or mercury
  compounds.
         SECTION 2.  Notwithstanding Sections 436.092 and 436.093,
  Health and Safety Code, as added by this Act, a consumption advisory
  is not required to be issued before February 1, 2010.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.