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A BILL TO BE ENTITLED
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AN ACT
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relating to consumption advisories for mercury contamination in |
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fish, crustaceans, molluscan shellfish, and other aquatic and |
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terrestrial animals. |
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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 and 436.093 to read as |
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follows: |
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Sec. 436.092. SURVEY. (a) The director may rely upon |
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surveys of the levels of mercury and mercury compounds in fish, |
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crustaceans, molluscan shellfish, and other aquatic or terrestrial |
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animals living in or near bodies of water in or bordering on this |
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state that have been conducted by state and federal agencies, |
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institutions of higher education, or other governmental entities. |
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(b) Annually, the director shall notify the public of the |
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survey results and of any declaration of a prohibited area or |
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consumption advisory necessary based on the survey results. |
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(c) The executive commissioner of the Health and Human |
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Services Commission may adopt rules governing the surveys used or |
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public notifications required under this section. |
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Sec. 436.093. CONSUMPTION ADVISORY FOR MERCURY. |
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(a) Annually, the executive commissioner of the Health and Human |
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Services Commission shall issue or update consumption advisories |
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for fish, crustaceans, molluscan shellfish, and other aquatic or |
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terrestrial animals living in or near bodies of water in or |
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bordering on this state if the surveys under Section 436.092 |
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indicate that levels of methyl mercury in the tissues of fish or |
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other animals that are consumed by the public equal or exceed 0.3 |
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mg/kg. |
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(b) The executive commissioner of the Health and Human |
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Services Commission may issue a consumption advisory if the survey |
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shows levels of methyl mercury lower than 0.3 mg/kg if the executive |
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commissioner determines that the risks of consumption of the animal |
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require an advisory. |
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(c) A consumption advisory must distinguish: |
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(1) risks related to particular fish or other animal |
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species; and |
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(2) risks to sensitive or at-risk populations, such as |
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children. |
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(d) The executive commissioner of the Health and Human |
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Services Commission shall, in consultation with the Parks and |
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Wildlife Commission and other state or federal agencies, post |
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consumption advisories: |
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(1) on the Internet website of the department; |
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(2) at any public body of water that is the subject of |
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an advisory; and |
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(3) through any other means of public notification |
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that the executive commissioner determines appropriate. |
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(e) The department shall provide on its Internet website a |
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map of public bodies of water in this state for which a consumption |
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advisory or a consumption ban has been issued. |
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(f) The department shall provide on its Internet website |
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information advising the public of the risks of consuming fish or |
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other animals covered by a consumption advisory under this section. |
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(g) The department may use its Internet website or other |
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means to educate the public about the risks of consumption of fish |
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or other animals with elevated levels of mercury or mercury |
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compounds. |
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SECTION 2. Notwithstanding Sections 436.092 and 436.093, |
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Health and Safety Code, as added by this Act, a consumption advisory |
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is not required to be issued before February 1, 2010. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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