By: Deuell S.B. No. 506
 
 
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 shall rely on
  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 the department to determine
  whether to issue a consumption advisory under Section 436.093.
         (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.  The rules may
  not conflict with or establish standards that differ from the
  standards that have been established by written agreement pursuant
  to a regulatory program of a federal or state agency on or before
  September 1, 2011.
         Sec. 436.093.  CONSUMPTION ADVISORY FOR MERCURY.
  (a)  Annually, the director 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 director may issue a consumption advisory if the
  survey shows levels lower than 0.3 mg/kg if the director 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 director shall, in consultation with the Texas Parks
  and Wildlife Commission and other state or federal agencies, post
  consumption advisories:
               (1)  on the Internet website of the department; and
               (2)  through any other means of public notification
  that the director determines appropriate.
         (e)  In consultation with the department and subject to
  adequate funds, the Parks and Wildlife Commission shall post a
  consumption advisory at each public body of water that is the
  subject of an advisory.
         (f)  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.
         (g)  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.
         (h)  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, 2012.
         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, 2011.