By:  Carriker                                          S.B. No. 644
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the use of herbicides in certain counties; providing a
    1-2  penalty.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 75, Agriculture Code, is amended by
    1-5  adding Section 75.0221 to read as follows:
    1-6        Sec. 75.0221.  PROHIBITING THE USE OF ESTER FORMULATIONS OF
    1-7  2, 4-DICHLOROPHENOXYACETIC ACID IN CERTAIN COUNTIES.  (a)  The
    1-8  commissioners court of a county exempted under Section 75.022(a) of
    1-9  this code may adopt an order prohibiting the use of ester
   1-10  formulations of 2, 4-Dichlorophenoxyacetic Acid.  The prohibition
   1-11  may only be effective after April 30 and before October 1.
   1-12        (b)  If a commissioners court adopts an order under
   1-13  Subsection (a) of this section, the exemption authorized by Section
   1-14  75.022(a) is still applicable unless otherwise revoked.
   1-15        SECTION 2.  Section 75.024(a), Agriculture Code, is amended
   1-16  to read as follows:
   1-17        (a)  A person commits an offense if the person:
   1-18              (1)  applies a herbicide without a permit in violation
   1-19  of Section 75.006 of this code:
   1-20              (2)  acts in violation of Section 75.004(a) of this
   1-21  code;
   1-22              (3)  has a permit to apply a powder or dry-type
   1-23  herbicide and applies a herbicide that does not meet the
    2-1  requirements of Section 75.009 of this code;
    2-2              (4)  operates unlicensed equipment in violation of
    2-3  Section 75.016 of this code;
    2-4              (5)  fails to keep or submit records in violation of
    2-5  Sections 75.005 and 75.013 of this code; <or>
    2-6              (6)  violates or fails to comply with a rule adopted
    2-7  under this chapter, or
    2-8              (7)  violates or fails to comply with an order adopted
    2-9  under Section 75.0221(a) of this code.
   2-10        SECTION 3.  The importance of this legislation and the
   2-11  crowded condition of the calendars in both houses create an
   2-12  emergency and an imperative public necessity that the
   2-13  constitutional rule requiring bills to be read on three several
   2-14  days in each house be suspended, and this rule is hereby suspended,
   2-15  and that this Act take effect and be in force from and after its
   2-16  passage, and it is so enacted.