Rep. Hernandez Files House Bill 440 To Establish Enforceable Standards Under The Texas Clean Air Act

Austin – Texas State Representative Ana E. Hernandez (Democrat-Houston) has filed House Bill 440, relating to controlling emissions of air contaminants under the Texas  Clean Air Act.  HB 440, the first bill filed by Rep. Hernandez during this her first regular legislative session, will give the Texas Commission on Environmental Quality (TCEQ) authority to establish and enforce meaningful air quality standards.

HB 440 will change the current Effects Screening Levels, which set maximum levels of exposure to air contaminants, from guidelines to enforceable standards.  “The recent UT School of Public Health report clearly shows that even if we cannot prove a direct link between toxins released by plants along the Ship Channel and an individual case of leukemia, there is no doubt that the children in my district have a much greater risk of acquiring cancer than those living in other areas of Houston.  Harris County and the state of Texas need air quality standards set at levels low enough to protect public health,” said Rep. Hernandez.  “There is no reason why parents in my district should have to worry about letting their children go outside to play just because we don’t have laws to protect them.”

The bill calls for a panel of experts in toxicology and epidemiology to be assembled by TCEQ, and for that panel to recommend new standards that would have to be adopted by TCEQ.  The bill also defines air pollution as any toxic substance that increases the cancer rate by greater than one chance in one million, and would require public reporting of all violations by the agency.

Rep. Hernandez pledged to make cleaning up the air in her Southeast Harris County district, which surrounds the Ship Channel, a priority if elected to replace her mentor the late Joe E. Moreno.  “Representative Moreno worked hard during the 79th Regular Session to improve air quality standards,” Rep. Hernandez said.  “HB 440 contains portions of legislation and amendments that he and other legislators worked hard to pass last session.  It is an honor for me to follow in his footsteps in doing what is right to protect the people of District 143.”  The bill is the same as HB 170 that Representative Hernandez filed during the last special session, however, Governor Perry did not grant her request to add the issue to the call of the special session.

Rep. Hernandez, a Magnolia resident who grew up in Pasadena, represents House District 143, which contains the Houston neighborhoods of Denver Harbor, Magnolia, and Manchester, the city of Galena Park, and portions of Pasadena and Channelview.