reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 502 - Hazard Communication Act › Section 502.019. Rules

Sec. 502.019.  RULES.  The executive commissioner may adopt rules and administrative procedures reasonably necessary to carry out the purposes of this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Health & Safety Code Sec. 502.016 and amended by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1290, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 502 - Hazard Communication Act › Section 502.020. Workplace Safety for Inmates

Sec. 502.020.  WORKPLACE SAFETY FOR INMATES.  A person imprisoned in a facility operated by or for the Texas Department of Criminal Justice is not an employee for the purposes of this chapter.  The Texas Department of Criminal Justice shall provide a person imprisoned in a facility operated by or for the Texas Department of Criminal Justice the protections from exposure to hazardous chemicals in the workplace as provided for in this chapter.
Added by Acts 1999, 76th Leg., ch. 1332, Sec. 1, eff. June 19, 1999;  Acts 1999, 76th Leg., ch. 1501, Sec. 1, eff. June 19, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 10.004, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 503 - Health Risk Assessment of Toxic Substances and Harmful Physical Agents › Section 503.001. Definitions

Sec. 503.001.  DEFINITIONS.  In this chapter:
(1)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(99), eff. April 2, 2015.
(2)  "Committee" means the Toxic Substances Coordinating Committee.
(3)  "Department" means the Department of State Health Services.
(4)  "Harmful physical agent" means a physical phenomenon, other than a toxic substance, that has or may have carcinogenic, mutagenic, teratogenic, or other harmful effects on humans, and includes:
(A)  ionizing radiation, X-rays, gamma rays, ultraviolet light, or other electromagnetic radiation;  and
(B)  acoustical, thermal, or mechanical vibration.
(5)  "Health risk assessment" means the use of objective data to characterize the potential adverse health effects that exposure to a toxic substance or a harmful physical agent may have on a person.
(6)  "Toxic substance" means a substance that has or may have toxic, carcinogenic, mutagenic, teratogenic, or other harmful effects on humans, and includes a product that contains a toxic substance that poses or may pose a substantial hazard to human health.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1291, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(99), eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 503 - Health Risk Assessment of Toxic Substances and Harmful Physical Agents › Section 503.002. Toxic Substances Coordinating Committee

Sec. 503.002.  TOXIC SUBSTANCES COORDINATING COMMITTEE.  (a)  The Toxic Substances Coordinating Committee is composed of one representative from the:
(1)  department;
(2)  Department of Agriculture;
(3)  Texas Commission on Environmental Quality;
(4)  Parks and Wildlife Department;
(5)  Department of Public Safety of the State of Texas; and
(6)  Railroad Commission of Texas.
(b)  The chief administrative officer of each agency shall appoint the agency representative to the committee.  A representative serves at the will of the chief administrative officer or until the representative terminates employment with the agency, whichever occurs first.
(c)  The representative of the department serves as chairman of the committee.
(d)  The department shall provide administrative support to the committee.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.250, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1292, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 503 - Health Risk Assessment of Toxic Substances and Harmful Physical Agents › Section 503.003. Meetings; Notice

Sec. 503.003.  MEETINGS;  NOTICE.  (a)  The committee shall meet:
(1)  at the call of the chief administrative officer of any member agency;  or
(2)  at least once each quarter on a meeting date set by the committee.
(b)  The committee must provide public notice of the meeting date not later than the 15th day before the date on which the committee holds the meeting.
(c)  The committee shall adopt rules for the conduct of its meetings.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 503 - Health Risk Assessment of Toxic Substances and Harmful Physical Agents › Section 503.004. Duties of Committee

Sec. 503.004.  DUTIES OF COMMITTEE.  (a)  The committee shall coordinate communication among member agencies concerning each agency's efforts to regulate toxic substances and harmful physical agents.
(b)  The committee shall develop a plan that provides for:
(1)  intergovernmental cooperation concerning regulations to prevent and control the adverse health effects of toxic substances and harmful physical agents;
(2)  a health risk assessment of emergency responses to accidents involving toxic substances or harmful physical agents;
(3)  the coordination of agency programs relating to the prevention and control of adverse health effects resulting from exposure to toxic substances or harmful physical agents;
(4)  the establishment of an integrated system to collect and manage information relating to toxic substances and harmful physical agents;  and
(5)  public education concerning the use of toxic substances and harmful physical agents and the potential adverse health effects.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 503 - Health Risk Assessment of Toxic Substances and Harmful Physical Agents › Section 503.005. Health Risk Assessments

Sec. 503.005.  HEALTH RISK ASSESSMENTS.  (a)  In its capacity to protect the public health, the department shall coordinate health risk assessments conducted under this chapter.
(b)  Each agency represented on the committee shall consult with and advise the department concerning health risk assessment activities when beginning a health risk assessment.  The agency shall consult with and advise the department when taking the action in an emergency or as soon as possible after taking the action.  This section does not require department approval of the agency's action or health risk assessment.
(c)  Each agency represented on the committee shall use federal standards and health risk assessments, if appropriate, and avoid duplicating federal efforts.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 503 - Health Risk Assessment of Toxic Substances and Harmful Physical Agents › Section 503.006. Powers of Department

Sec. 503.006.  POWERS OF DEPARTMENT.  (a)  The department may establish an information management system and may collect and evaluate information relating to the use of toxic substances and harmful physical agents.
(b)  The department may enter into agreements or contracts with federal, state, or local governmental entities, planning regions, and other public or private entities to implement this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 503 - Health Risk Assessment of Toxic Substances and Harmful Physical Agents › Section 503.007. Effect on Other Laws

Sec. 503.007.  EFFECT ON OTHER LAWS.  This chapter does not amend or affect the regulatory activities or procedures authorized under other law.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 505 - Manufacturing Facility Community Right-to-Know Act › Section 505.001. Short Title

Sec. 505.001.  SHORT TITLE.  This chapter may be cited as the Manufacturing Facility Community Right-To-Know Act.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 2, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 505 - Manufacturing Facility Community Right-to-Know Act › Section 505.002. Findings; Purpose

Sec. 505.002.  FINDINGS;  PURPOSE.  (a)  The legislature finds that:
(1)  the health and safety of persons living in this state may be improved by providing access to information regarding hazardous chemicals to which those persons may be exposed during emergency situations or as a result of proximity to the manufacture or use of those chemicals;  and
(2)  many facility operators in this state have established suitable information programs for their communities and that access to the information is required of most facility operators under the federal Emergency Planning and Community Right-To-Know Act (EPCRA).
(b)  It is the intent and purpose of this chapter to ensure that accessibility to information regarding hazardous chemicals is provided to:
(1)  fire departments responsible for dealing with chemical hazards during an emergency;
(2)  local emergency planning committees and other emergency planning organizations; and
(3)  the commission to make the information available to the public through specific procedures.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1293, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 505 - Manufacturing Facility Community Right-to-Know Act › Section 505.003. Federal Laws and Regulations; Other Standards

Sec. 505.003.  FEDERAL LAWS AND REGULATIONS;  OTHER STANDARDS.  (a)  In this chapter, a reference to a federal law or regulation means a reference to the most current version of that law or regulation.
(b)  In this chapter, a reference to North American Industry Classification System (NAICS), to nomenclature systems developed by the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Service (CAS), or to other information, including information such as classification codes, performance standards, systematic names, standards, and systems described in publications sponsored by private technical or trade organizations, means a reference to the most current version of the publication.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1294, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 505 - Manufacturing Facility Community Right-to-Know Act › Section 505.005. Applicability of Chapter

Sec. 505.005.  APPLICABILITY OF CHAPTER.  (a)  Facility operators whose facilities are in NAICS Codes 31-33 shall comply with this chapter.
(b)  This chapter does not apply to a hazardous chemical in a sealed package that is received and subsequently sold or transferred in that package if:
(1)  the seal remains intact while the chemical is in the facility;
(2)  the chemical does not remain in the facility longer than five working days;  and
(3)  the chemical is not an extremely hazardous substance at or above the threshold planning quantity or 500 pounds, whichever is less, as listed by the EPA in 40 CFR Part 355, Appendices A and B.
(c)  This chapter does not apply to:
(1)  any hazardous waste, as that term is defined by the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Section 6901 et seq.), when subject to regulations issued under that Act by the EPA;
(2)  tobacco or tobacco products;
(3)  wood or wood products;
(4)  articles;
(5)  food, drugs, cosmetics, or alcoholic beverages in a retail food sale establishment that are packaged for sale to consumers;
(6)  foods, drugs, or cosmetics intended for personal consumption by an employee while in the facility;
(7)  any consumer product or hazardous substance, as those terms are defined in the Consumer Product Safety Act (15 U.S.C. Section 2051 et seq.) and Federal Hazardous Substances Act (15 U.S.C. Section 1261 et seq.), respectively, if the employer can demonstrate it is used in the facility in the same manner as normal consumer use and if the use results in a duration and frequency of exposure that is not greater than exposures experienced by consumers;
(8)  any drug, as that term is defined by the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.), when it is in solid, final form for direct administration to the patient, such as tablets or pills;
(9)  the transportation, including storage incident to that transportation, of any substance or chemical subject to this chapter, including the transportation and distribution of natural gas;  and
(10)  radioactive waste.
(d)  The commission shall develop and implement an outreach program concerning the public's ability to obtain information under this chapter similar to the outreach program under Section 502.008.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1297, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 5, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 505 - Manufacturing Facility Community Right-to-Know Act › Section 505.006. Facility Chemical List

Sec. 505.006.  FACILITY CHEMICAL LIST.  (a)  For the purpose of community right-to-know, a facility operator covered by this chapter shall compile and maintain a tier two form that contains information on hazardous chemicals present in the facility in quantities that meet or exceed thresholds determined by the EPA in 40 CFR Part 370, or at any other reporting thresholds as determined by commission rule for certain highly toxic or extremely hazardous substances.
(b)  Multiple facilities may be reported on the same tier two form, with appropriate facility identifiers, if the hazardous chemicals or hazardous chemical categories present at the multiple facilities are in the same ranges.  In multiple facility reporting, the reporting thresholds must be applied to each facility rather than to the total quantities present at all facilities.
(c)  Each tier two form shall be filed annually with the commission, along with the appropriate fee, according to the procedures specified by commission rules.
(d)  The tier two form shall be used to comply with the updating requirements in EPCRA Section 311, but a fee may not be associated with filing the report.
(e)  Except as provided by Section 505.0061(c), a facility operator shall file the tier two form with the commission not later than the 90th day after the date on which the operator begins operation or has a reportable addition, at the appropriate threshold, of a previously unreported hazardous chemical or extremely hazardous substance.
(e-1)  Except as provided by Section 505.0061(c), a facility operator shall file an updated tier two form with the commission:
(1)  not later than the 90th day after the date on which the operator has a change in the chemical weight range, as listed in 40 C.F.R. Part 370, of a previously reported hazardous chemical or extremely hazardous substance; and
(2)  as otherwise required by commission rule.
(e-2)  A facility operator shall furnish a copy of each tier two form and updated tier two form filed with the commission under this section to the fire chief of the fire department having jurisdiction over the facility and to the appropriate local emergency planning committee.
(f)  A facility operator shall file a safety data sheet with the commission on the commission's request.
(g)  The commission shall maintain records of the tier two forms and other documents filed under this chapter or EPCRA for at least 30 years.
(h)  Except as provided by Section 505.015, documents filed under this chapter are subject to Chapter 552, Government Code.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 2, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(88), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1298, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 6, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 505 - Manufacturing Facility Community Right-to-Know Act › Section 505.0061. Reporting for Facilities Storing Ammonium Nitrate Used in Fertilizer

Sec. 505.0061.  REPORTING FOR FACILITIES STORING AMMONIUM NITRATE USED IN FERTILIZER.  (a)  In this section, "ammonium nitrate" and "ammonium nitrate storage facility" have the meanings assigned by Section 63.151, Agriculture Code.
(b)  As soon as practicable but not later than 72 hours after the commission receives a tier two form reporting the presence of ammonium nitrate at an ammonium nitrate storage facility, the commission shall furnish a copy of the form to the state fire marshal and the Texas Division of Emergency Management.  The state fire marshal shall furnish a copy of the form to the chief of the fire department having jurisdiction over the facility.  The Texas Division of Emergency Management shall furnish a copy of the form to the appropriate local emergency planning committee.
(c)  The operator of an ammonium nitrate storage facility shall file:
(1)  a tier two form with the commission not later than 72 hours after the operator:
(A)  begins operation; or
(B)  has a reportable addition, at the appropriate threshold, of previously unreported ammonium nitrate; and
(2)  an updated tier two form not later than 72 hours after the operator has a change in the chemical weight range, as listed in 40 C.F.R. Part 370, of previously reported ammonium nitrate.
Added by Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 7, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 505 - Manufacturing Facility Community Right-to-Know Act › Section 505.007. Direct Citizen Access to Information

Sec. 505.007.  DIRECT CITIZEN ACCESS TO INFORMATION.  (a)  Except as otherwise provided by this section, a person may request in writing copies of the facility's existing workplace chemical list for community right-to-know purposes.
(b)  Except as otherwise provided by this section, any facility covered by this chapter shall furnish or mail, within 10 working days of the date of receipt of a request under Subsection (a), either a copy of the facility's existing workplace chemical list or a modified version of the most recent tier two form using a 500-pound threshold.
(c)  Any facility that has received five requests under Subsection (a) in a calendar month, four requests in a calendar month for two or more months in a row, or more than 10 requests in a year may elect to furnish the material to the commission.
(d)  Any facility electing to furnish the material to the commission under Subsection (c) may during that same filing period inform persons making requests under Subsection (a) of the availability of the information at the commission and refer the request to the commission for that filing period.  The notice to persons making requests shall state the address of the commission and shall be mailed within seven days of the date of receipt of the request, if by mail, and at the time of the request if in person.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 8, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 505 - Manufacturing Facility Community Right-to-Know Act › Section 505.008. Emergency Planning Information

Sec. 505.008.  EMERGENCY PLANNING INFORMATION.  (a)  The fire chief or the fire chief's representative, on request, may conduct on-site inspections of the chemicals on the tier two form for the sole purpose of planning fire department activities in case of an emergency.
(b)  A facility operator, on request, shall give the fire chief or the local emergency planning committee such additional information on types and amounts of hazardous chemicals present at a facility as the requestor may need for emergency planning purposes.  A facility operator, on request, shall give the executive director, the fire chief, or the local emergency planning committee a copy of the SDS for any chemical on the tier two form furnished under Section 505.006 or for any chemical present at the facility.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 515 , Sec. 36(2), eff. September 1, 2015.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1299, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 9, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 36(2), eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 505 - Manufacturing Facility Community Right-to-Know Act › Section 505.009. Complaints and Investigations

Sec. 505.009.  COMPLAINTS AND INVESTIGATIONS.  On presentation of appropriate credentials, a commission representative may enter a facility at reasonable times to inspect and investigate complaints.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1300, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 10, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 505 - Manufacturing Facility Community Right-to-Know Act › Section 505.015. Trade Secrets

Sec. 505.015.  TRADE SECRETS.  Facility operators must substantiate trade secret claims to the administrator of the EPA in accordance with EPCRA, Section 322.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 2, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 505 - Manufacturing Facility Community Right-to-Know Act › Section 505.016. Rules; Fees

Sec. 505.016.  RULES; FEES.  (a)  The commission may adopt rules and administrative procedures reasonably necessary to carry out the purposes of this chapter.
(b)  The commission by rule may authorize the collection of annual fees from facility operators for the filing of tier two forms required by this chapter.  Except as provided by Subsection (d), fees may be used only to fund activities under this chapter.  The fee for facilities may not exceed:
(1)  $100 for each required submission having no more than 25 hazardous chemicals or hazardous chemical categories;
(2)  $200 for each required submission having no more than 50 hazardous chemicals or hazardous chemical categories;
(3)  $300 for each required submission having no more than 75 hazardous chemicals or hazardous chemical categories;
(4)  $400 for each required submission having no more than 100 hazardous chemicals or hazardous chemical categories; or
(5)  $500 for each required submission having more than 100 hazardous chemicals or chemical categories.
(c)  To minimize the fees, the commission by rule shall provide for consolidated filings of multiple tier two forms for facility operators covered by Subsection (b) if each of the tier two forms contains fewer than 25 items.
(d)  The commission may use up to 20 percent of the fees collected under this section as grants to local emergency planning committees to assist them to fulfill their responsibilities under EPCRA.  An amount not to exceed 15 percent of the fees collected under this chapter and Chapter 506, or 15 percent of the amount of fees paid by the state and its political subdivisions under Chapter 506, whichever is greater, may be used by the Department of State Health Services to administer Chapter 502.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1304, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 11, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 505 - Manufacturing Facility Community Right-to-Know Act › Section 505.017. Notice Issued Under Emergencies

Sec. 505.017.  NOTICE ISSUED UNDER EMERGENCIES.  (a)  When immediate notification of a release by a facility to the state emergency response commission is required in accordance with EPCRA, the state agency responsible for the information submitted to the state emergency response commission, on receipt of the required notification, shall make a determination as to whether the release reported will substantially endanger human health or the environment.
(b)  If the responsible state agency determines that a release will substantially endanger human health or the environment, the agency shall, on request, notify the state senator or representative who represents the area in which the facility is located of the release within four hours of receipt of the original notification.
Added by Acts 2011, 82nd Leg., R.S., Ch. 780 (H.B. 1981), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 505 - Manufacturing Facility Community Right-to-Know Act › Section 505.018. Enforcement

Sec. 505.018.  ENFORCEMENT.  (a)  A facility operator may not violate this chapter, commission rules adopted under this chapter, or an order issued under this chapter.
(b)  The commission may enforce this chapter under Chapter 7, Water Code, including by issuing an administrative order that assesses a penalty or orders a corrective action.
Added by Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 12, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 506 - Public Employer Community Right-to-Know Act › Section 506.001. Short Title

Sec. 506.001.  SHORT TITLE.  This chapter may be cited as the Public Employer Community Right-To-Know Act.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 2, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 506 - Public Employer Community Right-to-Know Act › Section 506.002. Findings; Purpose

Sec. 506.002.  FINDINGS;  PURPOSE.  (a)  The legislature finds that:
(1)  the health and safety of persons living in this state may be improved by providing access to information regarding hazardous chemicals to which those persons may be exposed during emergency situations or as a result of proximity to the manufacture or use of those chemicals;  and
(2)  many facility operators in this state have established suitable information programs for their communities and that access to the information is required of most facility operators under the federal Emergency Planning and Community Right-To-Know Act (EPCRA).
(b)  It is the intent and purpose of this chapter to ensure that accessibility to information regarding hazardous chemicals is provided to:
(1)  fire departments responsible for dealing with chemical hazards during an emergency;
(2)  local emergency planning committees and other emergency planning organizations; and
(3)  the commission to make the information available to the public through specific procedures.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1305, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 13, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 506 - Public Employer Community Right-to-Know Act › Section 506.003. Federal Laws and Regulations; Other Standards

Sec. 506.003.  FEDERAL LAWS AND REGULATIONS;  OTHER STANDARDS.  (a)  In this chapter, a reference to a federal law or regulation means a reference to the most current version of that law or regulation.
(b)  In this chapter, a reference to nomenclature systems developed by the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Service (CAS), or to other information, including information such as classification codes, performance standards, systematic names, standards, and systems described in publications sponsored by private technical or trade organizations, means a reference to the most current version of the publication.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 2, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 506 - Public Employer Community Right-to-Know Act › Section 506.005. Applicability of Chapter

Sec. 506.005.  APPLICABILITY OF CHAPTER.  (a)  Public employers shall comply with this chapter.
(b)  This chapter does not apply to a hazardous chemical in a sealed package that is received and subsequently sold or transferred in that package if:
(1)  the seal remains intact while the chemical is in the facility;
(2)  the chemical does not remain in the facility longer than five working days;  and
(3)  the chemical is not an extremely hazardous substance at or above the threshold planning quantity or 500 pounds, whichever is less, as listed by the EPA in 40 CFR Part 355, Appendices A and B.
(c)  This chapter does not apply to:
(1)  any hazardous waste as that term is defined by the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Section 6901 et seq.), when subject to regulations issued under that Act by the EPA;
(2)  tobacco or tobacco products;
(3)  wood or wood products;
(4)  articles;
(5)  food, drugs, cosmetics, or alcoholic beverages in a retail food sale establishment that are packaged for sale to consumers;
(6)  food, drugs, or cosmetics intended for personal consumption by an employee while in the facility;
(7)  any consumer product or hazardous substance, as those terms are defined by the Consumer Product Safety Act (15 U.S.C. Section 2051 et seq.) and Federal Hazardous Substances Act (15 U.S.C. Section 1261 et seq.), respectively, if the employer can demonstrate it is used in the facility in the same manner as normal consumer use and if the use results in a duration and frequency of exposure that is not greater than exposures experienced by consumers;
(8)  any drug, as that term is defined by the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.), when it is in solid, final form for direct administration to the patient, such as tablets or pills;
(9)  the transportation, including storage incident to that transportation, of any substance or chemical subject to this chapter, including the transportation and distribution of natural gas;  and
(10)  radioactive waste.
(d)  The commission shall develop and implement an outreach program concerning the public's ability to obtain information under this chapter similar to the outreach program under Section 502.008.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1308, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 506 - Public Employer Community Right-to-Know Act › Section 506.006. Facility Chemical List

Sec. 506.006.  FACILITY CHEMICAL LIST.  (a)  For the purpose of community right-to-know, a facility operator covered by this chapter shall compile and maintain a tier two form that contains information on hazardous chemicals present in the facility in quantities that meet or exceed thresholds determined by the EPA in 40 CFR Part 370, or at any other reporting thresholds as determined by commission rule for certain highly toxic or extremely hazardous substances.
(b)  Multiple facilities may be reported on the same tier two form, with appropriate facility identifiers, if the hazardous chemicals or hazardous chemical categories present at the multiple facilities are in the same ranges.  In multiple facility reporting, the reporting thresholds must be applied to each facility rather than to the total quantities present at all facilities.
(c)  Each tier two form shall be filed annually with the commission, along with the appropriate fee, according to the procedures specified by commission rules.
(d)  A facility operator shall file the tier two form with the commission not later than the 90th day after the date on which the operator begins operation or has a reportable addition, at the appropriate threshold, of a previously unreported hazardous chemical or extremely hazardous substance, but a fee may not be associated with filing this report.
(d-1)  A facility operator shall file an updated tier two form with the commission:
(1)  not later than the 90th day after the date on which the operator has a change in the chemical weight range, as listed in 40 C.F.R. Part 370, of a previously reported hazardous chemical or extremely hazardous substance; and
(2)  as otherwise required by commission rule.
(d-2)  A facility operator shall furnish a copy of each tier two form and updated tier two form filed with the commission under this section to the fire chief of the fire department having jurisdiction over the facility and to the appropriate local emergency planning committee.
(e)  A facility operator shall file a safety data sheet with the commission on the commission's request.
(f)  The commission shall maintain records of the tier two forms and other documents filed under this chapter or EPCRA for at least 30 years.
(g)  Documents filed under this chapter are subject to Chapter 552, Government Code.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 2, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(88), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1309, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 16, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 506 - Public Employer Community Right-to-Know Act › Section 506.007. Direct Citizen Access to Information

Sec. 506.007.  DIRECT CITIZEN ACCESS TO INFORMATION.  (a)  Except as otherwise provided by this section, a person may request in writing copies of the facility's existing workplace chemical list for community right-to-know purposes.
(b)  Except as otherwise provided by this section, any facility covered by this chapter shall furnish or mail, within 10 working days of the date of receipt of a request under Subsection (a), either a copy of the facility's existing workplace chemical list or a modified version of the most recent tier two form using a 500-pound threshold.
(c)  Any facility that has received five requests under Subsection (a) in a calendar month, four requests in a calendar month for two or more months in a row, or more than 10 requests in a year may elect to furnish the material to the commission.
(d)  Any facility electing to furnish the material to the commission under Subsection (c) may during that same filing period inform persons making requests under Subsection (a) of the availability of the information at the commission and refer the request to the commission for that filing period.  The notice to persons making requests shall state the address of the commission and shall be mailed within seven days of the date of receipt of the request, if by mail, and at the time of the request if in person.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 17, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 506 - Public Employer Community Right-to-Know Act › Section 506.008. Emergency Planning Information

Sec. 506.008.  EMERGENCY PLANNING INFORMATION.  (a)  The fire chief or the fire chief's representative, on request, may conduct on-site inspections of the chemicals on the tier two form for the sole purpose of planning fire department activities in case of an emergency.
(b)  A facility operator, on request, shall give the fire chief or the local emergency planning committee such additional information on types and amounts of hazardous chemicals present at a facility as the requestor may need for emergency planning purposes.  A facility operator, on request, shall give the executive director, the fire chief, or the local emergency planning committee a copy of the SDS for any chemical on the tier two form furnished under Section 506.006 or for any chemical present at the facility.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 515 , Sec. 36(4), eff. September 1, 2015.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1310, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 18, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 36(4), eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 506 - Public Employer Community Right-to-Know Act › Section 506.009. Complaints and Investigations

Sec. 506.009.  COMPLAINTS AND INVESTIGATIONS.  On presentation of appropriate credentials, a commission representative may enter a facility at reasonable times to inspect and investigate complaints.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1311, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 19, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 506 - Public Employer Community Right-to-Know Act › Section 506.017. Rules; Fees

Sec. 506.017.  RULES; FEES.  (a)  The commission may adopt rules and administrative procedures reasonably necessary to carry out the purposes of this chapter.
(b)  The commission by rule may authorize the collection of annual fees from facility operators for the filing of tier two forms required by this chapter.  The fee may not exceed:
(1)  $50 for each required submission having no more than 75 hazardous chemicals or hazardous chemical categories; or
(2)  $100 for each required submission having more than 75 hazardous chemicals or chemical categories.
(c)  To minimize the fees, the commission by rule shall provide for consolidated filings of multiple tier two forms for facility operators covered by Subsection (b) if each of the tier two forms contains fewer than 25 items.
(d)  The commission may use up to 20 percent of the fees collected under this section as grants to local emergency planning committees to assist them to fulfill their responsibilities under EPCRA.  An amount not to exceed 15 percent of the fees collected under Chapter 505 and this chapter, or 15 percent of the amount of fees paid by the state and its political subdivisions under this chapter, whichever is greater, may be used by the Department of State Health Services to administer Chapter 502.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1317, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 20, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 506 - Public Employer Community Right-to-Know Act › Section 506.018. Enforcement

Sec. 506.018.  ENFORCEMENT.  (a)  A facility operator may not violate this chapter, commission rules adopted under this chapter, or an order issued under this chapter.
(b)  The commission may enforce this chapter under Chapter 7, Water Code, including by issuing an administrative order that assesses a penalty or orders a corrective action.
Added by Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 21, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 507 - Nonmanufacturing Facilities Community Right-to-Know Act › Section 507.001. Short Title

Sec. 507.001.  SHORT TITLE.  This chapter may be cited as the Nonmanufacturing Facilities Community Right-To-Know Act.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 2, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 507 - Nonmanufacturing Facilities Community Right-to-Know Act › Section 507.002. Findings; Purpose

Sec. 507.002.  FINDINGS;  PURPOSE.  (a)  The legislature finds that:
(1)  the health and safety of persons living in this state may be improved by providing access to information regarding hazardous chemicals to which those persons may be exposed during emergency situations or as a result of proximity to the use of those chemicals;  and
(2)  many facility operators in this state have established suitable information programs for their communities and that access to the information is required of most facility operators under the federal Emergency Planning and Community Right-To-Know Act (EPCRA).
(b)  It is the intent and purpose of this chapter to ensure that accessibility to information regarding hazardous chemicals is provided to:
(1)  fire departments responsible for dealing with chemical hazards during an emergency;
(2)  local emergency planning committees and other emergency planning organizations; and
(3)  the commission to make the information available to the public through specific procedures.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1318, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 22, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 507 - Nonmanufacturing Facilities Community Right-to-Know Act › Section 507.003. Federal Laws and Regulations

Sec. 507.003.  FEDERAL LAWS AND REGULATIONS. (a) In this chapter, a reference to a federal law or regulation means a reference to the most current version of that law or regulation.
(b)  In this chapter, a reference to the North American Industry Classification System (NAICS) means a reference to the most current version of that system.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 23, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 507 - Nonmanufacturing Facilities Community Right-to-Know Act › Section 507.005. Applicability of Chapter

Sec. 507.005.  APPLICABILITY OF CHAPTER.  (a)  Facility operators whose facilities are in North American Industry Classification System (NAICS) Codes 11-23 or NAICS Codes 42-92 and who are not subject to Chapter 506 shall comply with this chapter.
(b)  This chapter does not apply to a hazardous chemical in a sealed package that is received and subsequently sold or transferred in that package if:
(1)  the seal remains intact while the chemical is in the facility;
(2)  the chemical does not remain in the facility longer than five working days;  and
(3)  the chemical is not an extremely hazardous substance at or above the threshold planning quantity or 500 pounds, whichever is less, as listed by the EPA in 40 CFR Part 355, Appendices A and B.
(c)  This chapter does not apply to:
(1)  any hazardous waste as that term is defined by the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Section 6901 et seq.), when subject to regulations issued under that Act by the EPA;
(2)  tobacco or tobacco products;
(3)  wood or wood products;
(4)  articles;
(5)  food, drugs, cosmetics, or alcoholic beverages in a retail food sale establishment that are packaged for sale to consumers;
(6)  food, drugs, or cosmetics intended for personal consumption by an employee while in the facility;
(7)  any consumer product or hazardous substance, as those terms are defined by the Consumer Product Safety Act (15 U.S.C. Section 2051 et seq.) and Federal Hazardous Substances Act (15 U.S.C. Section 1261 et seq.), respectively, if the employer can demonstrate it is used in the facility in the same manner as normal consumer use and if the use results in a duration and frequency of exposure that is not greater than exposures experienced by consumers;
(8)  any drug, as that term is defined by the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.), when it is in solid, final form for direct administration to the patient, such as tablets or pills;
(9)  the transportation, including storage incident to that transportation, of any substance or chemical subject to this chapter, including the transportation and distribution of natural gas;  and
(10)  radioactive waste.
(d)  The commission shall develop and implement an outreach program concerning the public's ability to obtain information under this chapter similar to the outreach program under Section 502.008.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1321, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 25, eff. September 1, 2015.