HBA-NRS H.B. 3085 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3085
By: Burnam
Public Health
3/23/2001
Introduced



BACKGROUND AND PURPOSE 

Mercury is an extremely hazardous substance which is found naturally in the
environment in several forms. Many novelty items such as jewelry and
ornaments contain mercury and there are certain household products, such as
fever thermometers, that also contain mercury. Exposure to mercury can
cause nausea, vomiting, bloody diarrhea, severe abdominal pain and kidney
damage. Long-term  exposure to mercury may also affect the central nervous
system with symptoms including personality changes, nervousness,
irritability, tremors, weakness, fatigue, and loss of memory. House Bill
3085 restricts the sale of mercuryadded items or products and establishes a
public education and outreach program on the hazards of mercury to
households. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Board of Health in SECTION 1
(Section 508.002, Health and Safety Code) and SECTION 3 of this bill. 

ANALYSIS

House Bill 3085 amends the Health and Safety Code to prohibit a
manufacturer from using or distributing for promotional purposes or
offering for sale a mercury-added product in this state without first
filing a notification form with the Texas Department of Health
(department). The bill provides that the notification form must include
certain information. On approval from the department, the bill authorizes
the manufacturer to supply the information contained in the notification
form for a product category rather than an individual product. The bill
requires the manufacturer to update and revise the information contained in
the notification form when there is a significant change in the information
or at the department's request (Sec. 508.003). 

The bill does not apply to prescription drugs or any substance sold over
the counter without a prescription under the Federal Food, Drug, and
Cosmetic Act (Sec. 508.004). 

The bill provides that information collected by the department is for the
confidential use of the department and a regional, multistate clearinghouse
(interstate clearinghouse) if the information relates to production or
sales figures or processes or production unique to the manufacturer or if
release of the information may adversely affect the competitive position of
the manufacturer. The bill authorizes a manufacturer to expressly agree to
the publication of such information. The bill authorizes the department and
the interstate clearinghouse to compile or publish analyses or summaries
relating to the amount and effect of mercury in products and in the
environment, but prohibits analyses or summaries from revealing certain
information considered confidential or the identity of the manufacturer
(Sec. 508.005).  

The bill prohibits a person from using or distributing for promotional
purposes or offering for sale a mercury-added novelty if the seller knows
or has reason to know the product contains mercury. The bill requires a
manufacturer that produces and sells mercury-added novelties to notify
retailers of the requirements of this bill and the proper method of
disposal of remaining inventory of mercury-added  novelties. The bill
prohibits the sale or supply of mercury fever thermometers except by
prescription and requires a manufacturer of mercury fever thermometers to
include instructions with each thermometer describing proper care and
handling of the thermometer and proper procedures for cleaning up and
disposing of mercury. The bill prohibits the use or purchase of elemental
mercury, mercury compounds, or mercury-added instructional equipment and
materials by primary or secondary schools, but authorizes such schools to
use or purchase for use measuring devices and thermometers that contain
mercury only if the equipment is used in a school laboratory and no
adequate substitute for the mercury-added equipment exists (Sec. 508.006). 

The bill prohibits a person from selling or providing elemental mercury to
another person unless the person provides a material safety data sheet and
the purchaser or recipient signs a statement indicating the purchaser or
recipient will use and store mercury properly, including proper disposal
(Sec. 508.007). 

The bill  requires the department to implement a public education,
outreach, and assistance program for households, hazardous waste
generators, local and regional solid waste management agencies,
dismantlers, institutions, and schools on the hazards of mercury,
requirements and obligations relating to mercury reduction, and voluntary
actions that individuals, institutions, and businesses can take to reduce
mercury in the environment. The bill requires the department to cooperate
with manufacturers of mercury-added products and other affected businesses
in the development and implementation of public education and technical
assistance programs. The bill requires the department to cooperate with
neighboring states and regional organizations on developing outreach,
assistance, and education programs (Sec. 508.008). 

The bill authorizes the department to participate in the establishment and
implementation of an interstate clearinghouse to assist the department in
administering provisions relating to mercury reduction, coordinating
reviews of certain mercury policies, and providing education and outreach
programs. The bill authorizes the clearinghouse to also maintain a list of
all products containing mercury, a file on all exemptions granted by the
states, and a file of all the manufacturers' reports on the effectiveness
of collection systems (Sec. 508.009).  

The bill requires the Texas Board of Health (board) to adopt rules no later
than July 1, 2002, to administer provisions related to mercury reduction
(Sec. 508.002 and SECTION 3). The bill authorizes the department to assess
an administrative penalty against a person who violates provisions relating
to mercury reduction or board rules relating to mercury reduction. The bill
prohibits a penalty from exceeding $1,000 for each violation (Sec.
508.010). 

The Act prohibits a person from offering for final sale, using, or
distributing for promotional purposes, or shipping to an address in this
state any mercury-added product unless the person has complied with
provisions relating to mercury reduction, except that the Act authorizes a
retailer in this state to sell products containing mercury from the
retailer's stock as it existed on May 1, 2002, until September 1, 2002
(SECTION 3). 

The bill requires the Texas Department of Health to review the
effectiveness of provisions relating to mercury reduction not later than
May 1, 2006, and report to the governor, lieutenant governor, and the
speaker of the house of representatives not later than November 1, 2006
(SECTION 4). 

EFFECTIVE DATE

May 1, 2002.