By: Truan S.B. No. 801
73R3766 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to maintaining records of certain chemicals used for
1-3 agricultural purposes; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 125.005(d), (e), (f), and (g),
1-6 Agriculture Code, are amended to read as follows:
1-7 (d) The employer shall keep the forms and attachments
1-8 accessible and available for copying and shall store them in a
1-9 location suitable to preserve their physical integrity until the
1-10 employer files them with the department as provided by Subsection
1-11 (e) of this section.
1-12 (e) An <The employer shall keep the forms and attachments
1-13 under this chapter for 30 years. However, the department shall
1-14 provide by rule that an> employer shall <may> file with the
1-15 department annually, as provided by department rule, the forms and
1-16 attachments, including an estimate of the total amount of each
1-17 chemical listed on the form that was used. The department shall
1-18 categorize and cross-reference the data on the forms in a manner to
1-19 preserve the data for future medical use. The department shall
1-20 retain the data for at least 30 years after the date the department
1-21 receives the forms and attachments from an <An> employer <who files
1-22 the forms and attachments with the department under rules adopted
1-23 under this section is not required to preserve the forms>.
1-24 (f) If <After January 1, 1989, if> the department determines
2-1 after a hearing that an employer has repeatedly failed to maintain
2-2 the forms and attachments as required by Subsection (d) of this
2-3 section or to file the forms and attachments with the department as
2-4 provided by Subsection (e) of this section, <the department may
2-5 require the employer to file the documents with the department. In
2-6 addition,> the person may be subject to any applicable penalties
2-7 provided by this chapter.
2-8 (g) <If agricultural activities for which forms and
2-9 attachments are maintained cease at a workplace, the forms and
2-10 attachments shall be filed with the department, and the department
2-11 shall retain the information for 30 years.> If an employer covered
2-12 by this chapter is succeeded or replaced in that function by
2-13 another person, the person who succeeds or replaces the employer
2-14 shall file <retain> the forms as provided by Subsection (e) of this
2-15 section but is not liable for violations committed by the former
2-16 employer under this chapter or rules adopted under this chapter<,
2-17 including violations relating to the retention and preservation of
2-18 forms and attachments>.
2-19 SECTION 2. (a) The change in law made by this Act applies
2-20 only to an offense committed on or after the effective date of this
2-21 Act. For purposes of this section, an offense is committed before
2-22 the effective date of this Act if any element of the offense occurs
2-23 before the effective date.
2-24 (b) An offense committed before the effective date of this
2-25 Act is covered by the law in effect when the offense was committed,
2-26 and the former law is continued in effect for this purpose.
2-27 SECTION 3. This Act takes effect September 1, 1993.
3-1 SECTION 4. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.