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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 75(R)

HOUSE BILL 1144

HOUSE AUTHOR: B. Turner et al.

EFFECTIVE: 9-1-97

SENATE SPONSOR: Brown

            House Bill 1144 amends the Agriculture Code to consolidate the regulatory authority of the Texas Department of Agriculture over pesticides, to eliminate conflicts in existing state regulatory requirements, and to conform state regulations to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the federal worker protection standard.

            The act repeals Chapter 75 of the Agriculture Code, relating to the regulation of herbicides, and consolidates herbicide provisions under Chapter 76, Pesticide Regulation. House Bill 1144 requires previously exempt noncommercial governmental agency pesticide applicators to pay a licensing fee, changes the time frame for pesticide dealer license renewal, and stipulates the applicability of FIFRA rules and regulations to the registration, labeling, distribution, and use of pesticides and herbicides. Licensed veterinarians are not required to obtain a license under this chapter if using a restricted-use or state-limited-use pesticide or a regulated herbicide as a drug or medication during the course of their normal practice.

            The act provides for interagency cooperation regarding groundwater protection, changes the meeting requirements of the Agricultural Resources Protection Authority, and requires that information regarding the type and location of certain pesticides be provided to the fire chief. The department is required to adopt state worker protection standards for pesticides if no federal worker protection standards exist and is authorized to adopt other rules for the protection of the health, safety, and welfare of farm workers and pesticide handlers.

            In addition, House Bill 1144 amends the Texas Structural Pest Control Act to require that owners of certain buildings obtain pest control services from a person licensed to perform such a service rather than only from a business that has a "structural pest control business license," as was previously required. The act also adds a person who performs pest control on growing plants to the list of persons not subject to the Texas Structural Pest Control Act.