By: Lucio S.B. No. 957
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the health and safety of persons living and working in
1-2 areas of the state involved in the production of agricultural
1-3 plants.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (a), Section 76.004, Agriculture Code,
1-6 is amended to read as follows:
1-7 (a) After notice, the department shall conduct at least five
1-8 regional hearings throughout the state before the adoption of any
1-9 rule for carrying out the provisions of this chapter. Thereafter,
1-10 the department may adopt rules for carrying out the provisions of
1-11 this chapter, including rules providing for:
1-12 (1) the collection, examination, and reporting of
1-13 records, devices, and samples of pesticides;
1-14 (2) the safe handling, transportation, storage,
1-15 display, distribution, or disposal of pesticides and pesticide
1-16 containers;
1-17 (3) labeling requirements for pesticides and devices
1-18 required to be registered under this chapter; and
1-19 (4) compliance with federal worker protection
1-20 standards and pesticide rules and regulations.
1-21 SECTION 2. Subsection (a), Section 76.007, Agriculture Code,
1-22 is amended to read as follows:
1-23 (a) The department shall be the lead agency for worker
2-1 protection standards and pesticide regulation in Texas. In
2-2 cooperation with the U.S. Environmental Protection Agency or any
2-3 federal agency responsible for implementation of worker protection
2-4 standards and federal pesticide law, the department shall:
2-5 (1) register pesticides for use in Texas;
2-6 (2) adopt lists of state-limited-use pesticides;
2-7 (3) provide for training, certification, and licensure
2-8 of all classes of pesticide applicators;
2-9 (4) enforce worker protection standards and pesticide
2-10 laws and regulations governing the safe handling, use, storage,
2-11 distribution, and disposal of pesticide products; and
2-12 (5) adopt rules to carry out the provisions of this
2-13 chapter.
2-14 SECTION 3. Subsections (g) and (j), Section 76.009,
2-15 Agriculture Code, are amended to read as follows:
2-16 (g) the authority is the coordinating body for the policies
2-17 and programs of management, regulation, and control of pesticides
2-18 conducted by the department, the State Soil and Water Conservation
2-19 Board, the Texas Agricultural Extension Service, the Texas
2-20 Department of Health, the Texas Water Commission, and the Texas
2-21 Structural Pest Control Board. Notwithstanding any other provision
2-22 of this code or of any other law, the authority may:
2-23 (1) adopt any rule relating to pesticides, including a
2-24 rule that amends or repeals an existing rule, except that the
2-25 authority may not:
3-1 (A) <adopt, amend, or repeal a rule under
3-2 Chapter 125 of this code;>
3-3 <(B)> repeal a rule that was adopted by an
3-4 agency for which the authority is the coordinating body and that
3-5 was in effect on May 1, 1989; or
3-6 (B) <(C)> amend a rule in effect on May 1, 1989,
3-7 that would make the rule less protective of the public health,
3-8 safety, or welfare;
3-9 (2) review and approve or disapprove any rule relating
3-10 to pesticides that is proposed by an agency for which the authority
3-11 is the coordinating body <, except a rule under Chapter 125 of this
3-12 code>;
3-13 (3) cooperate with and advise the department, the
3-14 State Soil and Water Conservation Board, the Texas Agricultural
3-15 Extension Service, the Texas Department of Health, the Texas Water
3-16 Commission, the Texas Structural Pest Control Board, and any other
3-17 state agency that may be concerned with the regulation of
3-18 pesticides and notify those agencies of any rule the authority
3-19 intends to adopt;
3-20 (4) collect, analyze, and disseminate information
3-21 necessary for the effective operation of all existing or
3-22 contemplated programs regulating pesticides;
3-23 (5) provide professional advice to private agencies
3-24 and citizens of this state on matters relating to pesticides in
3-25 cooperation with other state agencies, with professional groups,
4-1 and with either state or private educational institutions;
4-2 (6) accept gifts, devises, and bequests and, with the
4-3 approval of the governor, comply with the terms and conditions of
4-4 any grant to accomplish any of the purposes of the authority;
4-5 (7) inform and advise the governor on matters
4-6 involving pesticides and prepare and recommend to the governor and
4-7 to the legislature any legislation the authority considers proper
4-8 for the management and control of pesticides;
4-9 (8) make annual reports to the governor and the
4-10 appropriate legislative oversight committees;
4-11 (9) exempt any federal or state agency from any
4-12 regulatory provision if the authority determines that emergency
4-13 conditions exist that require the exemption; and
4-14 (10) notwithstanding any conflicting or inconsistent
4-15 provision in this code, hear and determine all appeals from orders
4-16 entered, by an agency for which the authority is the coordinating
4-17 body, under this chapter or Chapter 75 <or 125> of this code.
4-18 (j) The commissioner shall:
4-19 (1) as necessary, employ personnel as the duties of
4-20 the authority may require and to the extent of legislative
4-21 appropriations to the authority;
4-22 (2) keep an accurate and complete record of all
4-23 authority meetings and hearings of the authority and maintain legal
4-24 custody of all books, papers, documents, and other records of the
4-25 authority;
5-1 (3) administer this chapter and Chapter <Chapters> 75
5-2 <and 125> of this code and the rules adopted by the authority; and
5-3 (4) assign, reassign, or delegate the administrative
5-4 and enforcement functions assigned to the commissioner by this
5-5 subsection or by rules or policies established under this
5-6 subsection to one or more of the divisions or other units within
5-7 the department or to one or more employees of the department.
5-8 SECTION 4. Subchapter E, Chapter 76, Agriculture Code, is
5-9 amended by adding Section 76.118 to read as follows:
5-10 Sec. 76.118. WORKER PROTECTION STANDARDS. (a) The
5-11 department shall enforce the Worker Protection Standards (40 C.F.R.
5-12 Part 170) and the federal regulations promulgated under that part
5-13 to the extent funding is made available from legislative
5-14 appropriations and from federal grants or funds. The department
5-15 shall actively seek federal grants and funds to operate and expand
5-16 the department's enforcement of the Worker Protection Standards (40
5-17 C.F.R. Part 170).
5-18 (b) Any appropriations for the fiscal biennium ending August
5-19 31, 1995, made to the department for the purpose of administering
5-20 Chapter 125 of this code are transferred and are to be used for the
5-21 purpose of administering this section.
5-22 SECTION 5. Chapter 125, Agriculture Code, is repealed.
5-23 SECTION 6. This Act takes effect September 1, 1993.
5-24 SECTION 7. The importance of this legislation and the
5-25 crowded condition of the calendars in both houses create an
6-1 emergency and an imperative public necessity that the
6-2 constitutional rule requiring bills to be read on three several
6-3 days in each house be suspended, and this rule is hereby suspended.