Morales Bill Requires 30-Minute Toxic Alerts, System Due 2027

The text as introduced · 543 words

89R1973 LRM-D

By: Morales of Harris
H.B. No. 457

A BILL TO BE ENTITLED

AN ACT

relating to an alert system for notification of the release of toxic

chemicals by a manufacturing facility.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 505.017, Health and

Safety Code, is amended to read as follows:

Sec. 505.017. NOTICE ISSUED UNDER EMERGENCIES ; TOXIC

CHEMICAL EMERGENCY ALERT SYSTEM .

SECTION 2. Section 505.017, Health and Safety Code, is

amended by adding Subsections (c), (d), (e), (f), and (g) to read as

follows:

(c) If the responsible state agency determines that a

release will substantially endanger human health or the

environment, the agency shall, not later than 30 minutes after

making the determination, notify persons in the area in which the

facility is located of the release using the alert system

established under Subsection (d). When the agency determines a

release is no longer a threat to human health or the environment,

the agency shall notify persons using the alert system.

(d) The state emergency response commission shall develop

and maintain a toxic chemical emergency alert system to notify

persons in the area in which the facility is located of a release

that will substantially endanger human health or the environment.

The commission may partner with other state agencies in developing

the alert system and shall allow persons to register for a preferred

method of receiving a message under the alert system. In developing

the alert system, the commission may use as a model the alert

systems established by Subchapter L, Chapter 411, Government Code,

and Section 51.854, Water Code. The alert system must provide a

person with the option of not receiving the alerts.

(e) The toxic chemical emergency alert system must:

(1) provide notification through reverse 9-1-1 calls,

text messages, e-mails, social media, and other instant messaging

systems in both English and Spanish; and

(2) allow the state agency providing the notification

to modify the notification based on:

(A) the distance of the release to the person

receiving the notification; and

(B) the projected movement of the release.

(f) An alert issued by the toxic chemical emergency alert

system must include:

(1) each area affected by the release, including a

geographic display of the severity of the threat posed by the

release;

(2) a link to an Internet website or other message

system that maintains current information on each affected area;

(3) a link to an Internet website or other message

system that describes a symptom of any illness caused by the release

that may require emergency medical treatment;

(4) the chemicals involved in and toxicity of the

release;

(5) the projected movement of the release; and

(6) instructions for protection from exposure to the

release or for reducing exposure to the release.

(g) The state emergency response commission shall review

and modify the toxic chemical emergency alert system, as

appropriate, every four years.

SECTION 3. Not later than January 1, 2027, the state

emergency response commission, as defined by Section 505.004,

Health and Safety Code, shall establish the toxic chemical

emergency alert system as required by Section 505.017, Health and

Safety Code, as amended by this Act.

SECTION 4. This Act takes effect September 1, 2025.