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A BILL TO BE ENTITLED
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AN ACT
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relating to public notice by the Parks and Wildlife Department of |
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consumption advisories for mercury contamination in certain |
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aquatic and terrestrial animals, including fish, crustaceans, and |
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molluscan shellfish. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 66, Parks and Wildlife Code, is amended |
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by adding Subchapter E to read as follows: |
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SUBCHAPTER E. CONSUMPTION ADVISORIES |
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Sec. 66.401. INFORMATION ON MERCURY. (a) In this section: |
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(1) "Health services department" means the Department |
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of State Health Services. |
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(2) "Mercury risk" means a risk to the public or to a |
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segment of the public from the consumption of fish, crustaceans, or |
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shellfish contaminated with mercury. |
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(b) If the department or the health services department |
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identifies a public lake or reservoir as having a risk for mercury |
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contamination, subject to adequate funds, the department may post a |
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sign at that public lake or reservoir, provide information on the |
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department's website, or produce and provide to the public |
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educational materials to advise the public of mercury risk at that |
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public lake or reservoir. For the purposes of this subsection, the |
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department shall cooperate with the health services department and |
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an agency or political subdivision that has jurisdiction over the |
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public lake or reservoir. |
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(c) If the department or the health services department |
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identifies a body of water located in a state park as having a risk |
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for mercury contamination, subject to adequate funds, the |
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department shall post signs at fishing piers and boat launch |
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facilities used to access the body of water to advise the public of |
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mercury risk. |
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SECTION 2. 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 shall rely on |
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surveys of the levels of mercury and mercury compounds in aquatic or |
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terrestrial animals, including fish, crustaceans, and molluscan |
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shellfish, living in or near bodies of water in or bordering on this |
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state that have been conducted by the department to determine |
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whether to issue a consumption advisory under Section 436.093. |
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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. The rules may |
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not conflict with or establish standards that differ from the |
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standards that have been established by written agreement pursuant |
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to a regulatory program of a federal or state agency on or before |
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September 1, 2013. |
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Sec. 436.093. CONSUMPTION ADVISORY FOR MERCURY. (a) |
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Annually, the director shall issue or update consumption advisories |
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for aquatic or terrestrial animals, including fish, crustaceans, |
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and molluscan shellfish, 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 the animals |
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that are consumed by the public equal or exceed 0.3 mg/kg. |
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(b) The director may issue a consumption advisory if the |
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survey shows levels lower than 0.3 mg/kg if the director determines |
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that the risks of consumption of the animal require an advisory. |
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(c) A consumption advisory must distinguish: |
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(1) risks related to particular animal 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 director 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 department's Internet website; and |
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(2) through any other means of public notification |
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that the director determines appropriate. |
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(e) In consultation with the department and subject to |
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adequate funds, the Parks and Wildlife Commission shall post a |
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consumption advisory at each public body of water that is the |
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subject of an advisory. |
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(f) The department shall provide on its Internet website: |
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(1) a map of the public bodies of water in this state |
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for which a consumption advisory or a consumption ban has been |
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issued; and |
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(2) information advising the public of the risks of |
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consuming animals covered by a consumption advisory under this |
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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 |
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animals with elevated levels of mercury or mercury compounds. |
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SECTION 3. The heading to Chapter 436, Health and Safety |
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Code, is amended to read as follows: |
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CHAPTER 436. AQUATIC AND CERTAIN TERRESTRIAL LIFE |
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SECTION 4. The heading to Subchapter G, Chapter 436, Health |
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and Safety Code, is amended to read as follows: |
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SUBCHAPTER G. AQUATIC AND CERTAIN TERRESTRIAL LIFE FROM PROHIBITED |
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AREAS |
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SECTION 5. Notwithstanding Sections 436.092 and 436.093, |
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Health and Safety Code, and Section 66.401(c), Parks and Wildlife |
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Code, as added by this Act, a consumption advisory is not required |
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to be issued before February 1, 2014. |
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SECTION 6. 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, 2013. |