BILL ANALYSIS
Environmental Regulation Committee
C.S.H.B. 2479
04-27-95
Committee Report (Substituted)
BACKGROUND
The Texas Department of Agriculture (TDA) has the primary
responsibility in Texas for the registration and regulation of
pesticides. TDA registers all pesticides used in Texas, regulates
the agricultural application of pesticides, and enforces worker
protection laws. In addition, TDA is responsible for implementing
federal worker protection standards which have been adopted by the
United States Environmental Protection Agency (EPA).
Currently, TDA's authority to regulate these activities comes from
three sources:
1) Texas Agriculture Code: Chapters 75 (Herbicides), 76
(Pesticides) and 125 (Agricultural Hazard Communications);
2) the Federal Insecticide, Fungicide and Rodenticide Act; and
3) the Federal Worker Protection Standards Act.
These varying laws and regulations were adopted at different times,
resulting in conflicting and sometimes overlapping requirements.
Some of the provisions in the Texas Code are also outdated or
inefficient.
PURPOSE
HB 2479 will consolidate TDA's regulatory authority over
pesticides, eliminate conflicts in regulatory requirements, and
repeal Chapters 75 and 125, Agricultural Code.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill expressly grants
rulemaking authority to the Texas Department of Agriculture (TDA)
in SECTION 1 of the bill [Sections 76.007(b), 76.043(a), 76.072,
76.075 (b), 76.104 (d), 76.115 (c), 76.141 (a), 76.144 (c), and
76.184 (e) Agriculture Code].
It is also the committee's opinion that this bill does not
expressly grant rulemaking authority, but modifies existing
rulemaking authority given to the TDA in SECTION 1 of the bill
[Sections 76.111 (e) and 76.114 (a), Agriculture Code].
In addition, it is the committee's opinion that this bill does not
grant rulemaking, but more clearly specifies in SECTION 1 of the
bill that the Department of Agriculture (rather than "head of a
regulatory agency" or "regulatory agency") has rulemaking authority
in Section 76.111 (e) and Section 76.114 (a), Agriculture Code.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 76, Agriculture Code, as follows:
SUBCHAPTER A. GENERAL PROVISIONS
Section 76.001. DEFINITIONS The following definitions are
added:
(4) "Application of a herbicide" is defined as the
spreading of a herbicide on real property having a
continuous boundary line."
(6) "Department" is defined as the Texas Department of
Agriculture.
(12) "FIFRA" is defined as the Federal Insecticide,
Fungicide, and Rodenticide Act.
(23) "Registrant" means a person who under this chapter
has registered a pesticide.
(26) "Worker Protection Standard" is defined as the
federal worker protection standard as found in the Code
of Federal Regulations, 40 C.F.R. Parts 156 and 170.
The following definition is deleted:
"Regulatory agency" [formerly (20)]
Other definitions are renumbered accordingly.
Section 76.002. PESTS Authorizes the Department of
Agriculture (department) to include in the list of organisms that
constitute pests any virus, bacteria, or other microorganism other
than a virus, bacteria, or other microorganism on or in (rather
than just in) living man or other living animals.
Section 76.003. STATE-LIMITED-USE PESTICIDES Subsections
(b), (c), and (d) are amended to replace "Texas Water Commission"
with "Texas Natural Resource Conservation Commission" .
(d) At the direction of the Texas Natural Resource
Conservation Commission (TNRCC), the department is required to
consider any formal request to add any pesticide to the state-limited-use pesticide list under subsection (b).
Section 76.004. DEPARTMENT RULES Amends Subsection (b) to
prohibit any rules adopted by the department for the purpose of
protection or enhancement of water quality from being less
stringent than those adopted by the TNRCC pursuant to
recommendations of the Texas Groundwater Protection Committee.
Section 76.005. NOTICE OF HEARING Amends Subsection (a) by
deleting the phrase "or a regulatory agency" leaving the department
responsible for publishing required notice.
Section 76.006. PESTICIDE EXAMINATION AND TESTING Amends
subsection (b) by deleting the term "shall" and replacing it with
the term "may", allowing (not requiring) the department to make or
provide for sample tests of a pesticide on request.
Section 76.007. INTERAGENCY COOPERATION Amends Subsection (b)
to require the TNRCC to have principal authority to regulate and
control groundwater pollution. The department is required to
cooperate with the Texas Groundwater Protection Committee in
developing and implementing federally mandated state management
plan for pesticides in groundwater. If the EPA adopts a final rule
requiring states to implement a management plan for pesticides in
groundwater, the department may by rule assess an additional
pesticide registration fee of not more than $200.
(c)-(e) Changes "Texas Water Commission" to "Texas Natural
Resource Conservation Commission".
(g) Changes "A regulatory agency" to "The department".
Section 76.008 EXEMPTION is not amended.
Section 76.009. AGRICULTURE RESOURCES PROTECTION AGENCY
Deletes references to Chapters 75 and 125, Agriculture Code.
Changes "Texas Water Commission" to "Texas Natural Resource
Conservation Commission".
SUBCHAPTER B. LABELING
Section 76.021. LABELING INFORMATION. Amended as follows: (a)
Adds subsections (1) and (2) requiring pesticide labels to contain
the information required by Section 3 of FIFRA, if the pesticide is
subject to registration under that law. If the pesticide is not
subject to that registration, the label must contain the items
already delineated in the statute.
(b) deletes requirement that labeling shall state the use
classification for which the product is registered.
(c) Is renumbered accordingly.
Section 76.022. CONSPICUOUS LETTERING. Requires the prominent
and conspicuous placement of any word, statement, or information
required by this chapter to appear on a label of any pesticide or
device registered by the department.
Section 76.023. MISBRANDED PESTICIDE OR DEVICE Amends (a) by
adding subsections (1) and (2) stipulating that a pesticide is
misbranded if it is subject to registration under Section 3 of
FIFRA and does not fully comply with EPA labeling requirements, or
if it is not subject to registration under Section 3 of FIFRA and
it falls into one of the categories listed in the current statute.
SUBCHAPTER C. REGISTRATION.
Section 76.041. REGISTRATION REQUIRED Amended as follows:
(a) Adds Subsections (d) and (e) to list of exceptions.
(c) Is added to provide that registration is not
required for a pesticide that is not for use in this state and is
only being manufactured, transported, or distributed for use
outside of this state.
(e) Is added to exempt from registration in Texas those
pesticides not requiring registration by the U.S. Environmental
Protection Agency.
(f) Is added to prohibit the Texas Feed and Fertilizer
Control Service from registering under Chapter 63 a fertilizer that
contains a pesticide that must be registered with the department
under this chapter. Requires the Texas Feed and Fertilizer Control
Service to consult with the department about the current
registration status of a pesticide before registering any mix
containing that pesticide. Requires the department to notify the
Texas Feed and Fertilizer Control Service of any changes to
pesticide registration.
(g) Is added to stipulate that a pesticide registered
with the department must be currently registered as long as the
pesticide remains in the channels of trade in this store. The
registrant bears responsibility to ensure the pesticide remains
currently registered.
(h) Is added to state that if the department issues an
order because a pesticide is not currently registered, the
registrant or person required to register is responsible for taking
necessary action.
Section 76.042. CONTENTS OF REGISTRATION APPLICATION
Subsection(a)(3) is amended to stipulate that if a pesticide is
required to be registered with the EPA, then a copy of the EPA
stamped accepted labeling and comment pages must be included in the
application for registration.
Section 76.043. EXPIRATION AND RENEWAL Amended as follows:
(a) Registrations expire on the second anniversary of the date
of its registration or registration renewal, rather than annually
on December 31, unless the department adopts by rule a system under
which registrations expire on specified dates during a year.
(c) Provides that a registration in effect for which a renewal
application has been filed and a renewal fee paid before its
expiration date continues in effect until the application has been
renewed or denied.
Section 76.044. FEES Changes the registration fee from $100
annually to a maximum of $200 biannually and allows the department
to prorate fees.
Section 76.045. DEPARTMENT APPROVAL The department may not
approve a regulation unless the department finds the pesticide, its
labeling, and other materials required to be submitted comply with
the requirements of this chapter. Subsection (1) is deleted
eliminating the need for the department to find that the
composition of the pesticide warrants the proposed claims made for
it.
Section 76.046. REGISTRATION FOR SPECIAL LOCAL NEED Strikes
the word "regulation" and replaces it with "registration".
Section 76.047 DENIAL OR CANCELLATION OF REGISTRATION is not
amended.
Section 76.048. EXPERIMENTAL USE PERMIT is amended by adding
a new Subsection (d) that allows the department to charge a fee for
issuing a permit under this section in an amount equal to the
amount charged for registration under Section 76.044(a), prorated
on a monthly basis.
SUBCHAPTER D. LICENSING OF DEALERS
Section 76.071 LICENSE REQUIRED is not amended.
Section 76.072. EXPIRATION Changes the dealer licenses
renewal cycle from one year to two years unless the department by
rule adopts a system under which licenses expire on specified dates
during a year.
Section 76.073. FEES Changes fees from not more than $100 per
year to not more than $200 biennially. Allows that registration
fee to be prorated. Deletes Subsection (c), removing language
referring to chapter 75 herbicide law.
Section 76.074. DISPLAY OF DEALER LICENSE is not amended.
Section 76.075. RECORDS Deletes existing language on record
keeping and adds the following new subsections:
(a) A person required to obtain a dealer's license by Section
76.071 is required to keep records of each distribution of
restricted-use or state-limited-use pesticide and maintain copies
of those records for at least 2 years.
(b) Authorizes the Department to adopt rules regarding the
information to be stated in the records.
(c) Authorizes the department to require that a copy of the
records be submitted to the department. Copies submitted are
public record.
(d) Authorizes the department to revoke a dealer's license if
the licensee fails to submit a copy of a record or makes false or
fraudulent records.
Section 76.076. DENIAL, REVOCATION, MODIFICATION, OR
SUSPENSION OF LICENSE Deletes existing language and adds the
following new subsections:
(a) Authorizes the department to deny an application for a
dealer's license if the applicant fails to comply with this
chapter. The department may also revoke, modify, or suspend a
license, assess an administrative penalty, place on probation a
person whose license has been suspended, or reprimand a licensee
for a violation of this chapter.
(b) Authorizes the department, if a license suspension is
probated, to require the person to report regularly, or to limit
business to prescribed areas.
(c) If the department proposes to deny a person's application
for a license or revoke, modify, or suspend a person's license,
that person is entitled to a hearing. The decision of the
department is appealable to district court.
Section 76.077 EXCEPTIONS is not amended.
SUBCHAPTER E. USE AND APPLICATION
Section 76.101. COORDINATION mended as follows:
(b) "experiment station" is changed to "Texas Agricultural
Experiment Station".
(d) (4), which refers to Chapter 75 (herbicide law), is
deleted.
Section 76.102. AGENCIES RESPONSIBLE FOR LICENSING PESTICIDE
APPLICATORS. Amended as follows:
Subsection (a) adds subsection (9) to allow the department to
have other license use categories as necessary to comply with
federal requirements. Prohibits the department from adopting
license use categories designated by statutes for regulation by
another agency.
(b) "Texas Department of Health" is changed to "Texas
Structural Pest Control Board".
Section 76.103 PROGRAM CONTINGENT ON FEDERAL FUNDS is not
amended.
Section 76.104. Changes title from AGENCY RULES FOR
APPLICATION OF A PESTICIDE to DEPARTMENT RULES FOR APPLICATION OF
A PESTICIDE All references to "agency" or "regulatory agency" are
changed to "department".
(d) Is added to require the department to adopt worker
protection standards if the federal worker protection standard is
not adopted. Allows the department to adopt other rules for the
protection of farm workers and pesticide handlers.
Section 76.105. LICENSE REQUIRED Amended as follows:
(a) Prohibits the purchase or use (rather than just use) of a
restricted or state-limited-use pesticide unless the person is
licensed and authorized to use those pesticides; an individual
under the direct supervision of a licensed applicator, except as
provided, or a certified private applicator.
(b) Adds licensed commercial applicators to same supervision
requirements as all other applicators. A licensed applicator may
not supervise an applicator whose license or certificate is under
suspension or revocation. The licensed applicator is not required
to be physically present at the time and place of application
unless the label of the applied pesticide states that the presence
of the licensed applicator is required.
(c) Changes the training requirement for a person working
under a licensed applicator to require training as a handler under
the federal worker protection standard.
(e) A person may not purchase restricted-use and state-limited-use pesticides unless licensed, certified, or authorized.
The current subsection (c) is deleted and other subsections
renumbered accordingly.
Section 76.106. CLASSIFICATION OF LICENSES All references to
"regulatory agency" are changed to "department".
(c) Deletes "nonrefundable" in reference to the test fee and
allows the department to test in each license use subcategory (in
addition to each category).
Section 76.107 LICENSING BY MORE THAN ONE AGENCY Is not
amended.
Section 76.108. COMMERCIAL APPLICATOR LICENSE All references
to "regulatory agency" are changed to "department".
(e) Adds "purchase" in the list of authorized actions for
licensees.
Section 76.109. NONCOMMERCIAL APPLICATOR LICENSE All
references to "regulatory agency" are changed to "department".
(d) Adds "purchase" in the list of authorized actions for
licensees.
Section 76.110. COMMERCIAL AND NONCOMMERCIAL APPLICATOR
EXAMINATION; RECIPROCAL AGREEMENTS All references to "regulatory
agency" are changed to "department".
Section 76.111. COMMERCIAL APPLICATOR PROOF OF FINANCIAL
RESPONSIBILITY All references to "regulatory agency" are changed
to "department". Also amended as follows:
(a)(1) Is deleted eliminating the need for license applicant
to file a bond as principal.
(b) Is added to allow the Texas Department of Insurance to
file property damage and personal injury insurance if liability
insurance required by subsection (a) is not reasonably available.
Language allowing other forms of financial responsibility is
deleted. Subsections following are renumbered accordingly.
(e) Requirement for amount of proof of financial
responsibility may not be less than an aggregate of $200,000 for
bodily injury and property damage.
(h) Deletes exemptions from requirement of showing proof of
financial responsibility. Adds stipulation that failure to
maintain (as well as file) a liability insurance policy is a ground
for suspension or revocation of a license and/or an assessment of
an administrative penalty. Subsections following are renumbered
accordingly.
(i) Added to allow licensed applicator to not maintain
insurance coverage if the applicator provides written notice of not
operating as a commercial applicator during an uncovered period.
Notice must be received prior to cancellation of policy.
(k) Deleted, removing agency's ability to prescribe acceptable
proof of financial responsibility.
Section 76.112. PRIVATE APPLICATOR All references to
"regulatory agency" are changed to "department". Also amended as
follows:
(a) In addition to current requirements, a private applicator
may use or supervise the use of a restricted-use or state-limited-use pesticide on the property of another person without
compensation other than the trading of services related to
agricultural production including use of equipment.
(c) Reference to "Subdivision (1)" is changed to "Subsection
(a)(1)".
(f) The department may not issue an original license before
the applicant has attended a training course conducted by the Texas
Agricultural Extension Service or another training course approved
by the department. The department is required to approve
appropriate training courses developed under the coordination of
the Texas Agricultural Extension Service.
(h) Allows a licensed private applicator to purchase (in
addition to use and supervise the use of) stated pesticides.
(j) Adds that a certified private applicator may not supervise
the use of restricted-use and state-limited-use pesticides.
Section 76.113 EXPIRATION AND RENEWAL OF LICENSES Is not
amended.
Section 76.114. RECORDS Amended as follows:
(a) The Department must require each commercial,
noncommercial, and private applicator licensee or certificate
holder to maintain records of pesticide use. All commercial and
noncommercial applicators will maintain records of all pesticide
use. Private applicators must maintain records of restricted-use
and state-limited-use and state-limited-use pesticides. The
department by rule shall prescribe the information to be entered
into the records.
(b) Allows department to require commercial, noncommercial and
private applicator licensee or certificate holders to keep records
of the application of stated pesticides.
(c) Requires a licensee or certificate holder to keep required
records accessible and available for copying.
(d) On written request, a licensee or certificate holder must
furnish the department a copy of any pertinent record. The
department may require all persons who apply a regulated herbicide
to periodically submit a copy of required records.
(e) Is added to require private applicators to show, on
request, any records required by this section to an employee, an
employee's designated representative, treating medical personnel,
or a member of the community as defined by rule of the department.
The identity of the employee represented does not have to be
revealed.
(f) Is added to stipulate that a private applicator may not
refuse to provide a record. If the applicator refuses to provide
the record the department, upon request, shall obtain copies.
Section 76.115 Is changed from REGISTRATION AND INSPECTION OF
EQUIPMENT to INSPECTION OF EQUIPMENT. (a) and (b) are amended to
change "regulatory agency" to "department". Other amendments as
follows:
(a) Allows the department to inspect equipment used in the
application of a restricted-use or state-limited-use pesticide.
(c) The department by rule may provide requirements for
equipment used to apply regulated herbicides and regulate or
prohibit the use of certain equipment in the application of
regulated herbicides.
(d) Deleted to eliminate requirement to register equipment.
Section 76.116. SUSPENSION, MODIFICATION, OR REVOCATION OF
LICENSE References to "regulatory agency" are replaced with
"department". Also amended as follows:
(a) Authorizes the department to refuse to renew a license.
Allows combination of actions.
(a)(3) "Head of a regulatory agency by which the licensee is
licensed" is changed to "commissioner".
(a)(5) Deletes reference to "bond".
(d) Requires the department to prescribe procedures by which
all decisions to not renew, suspend, modify or revoke are
appealable to the commissioner.
(e) Added to prohibit an applicator whose license has been
revoked or suspended from making applications of restricted-use or
state-limited-use pesticides during this period under another
licensed applicators supervision.
Section 76.117. PROPERTY OWNER USE. Amended to clarify that
a property owner is not prohibited from using a pesticide on the
property owner's house, lawn, or garden that is labeled for that
use other than a pesticide that may be registered or (rather than
and) classified for the state or one or more of its designated
areas.
SUBCHAPTER F. STORAGE AND DISPOSAL
Section 76.131. RULES. (a) Authorizes the department to adopt
rules governing the storage and disposal of pesticides and
pesticide containers for the purpose of preventing any water
(rather than waterway) pollution provided that such rules are not
less stringent than rules adopted by the TNRCC.
(c) Is added to require applicators and entities covered by
this chapter who normally store products listed under FIFRA in
certain amounts and locations to provide to the fire chief the name
and telephone number of the applicator or a knowledgeable
representative of the applicator or other entity storing the
product who can be contacted for information in the case of an
emergency.
(d) Is added to require each applicator or entity to provide
to the fire chief a copy of the list of pesticides stored by the
applicator or entity, and to notify the fire chief of any
significant changes relating to the pesticides if requested by the
fire chief.
(e) is added to require the fire chief or the fire chief's
representative to be permitted to conduct on-site inspections of
the stored pesticides for the sole purpose of preparing fire
department activities in the case of emergency.
(f) Requires the fire chief to make the stored pesticide list
available to members of the fire department having jurisdiction
over the workplace and to personnel outside the department who are
responsible for preplanning emergency activities. Prohibits the
fire chief from otherwise distributing the material without the
approval of the applicator.
SUBCHAPTER G. HERBICIDES
Section 76.141. REGULATED HERBICIDES This section is added as
follows:
(a) After a public hearing, the department may by rule adopt
a list of regulated herbicides for the state or for one or more
designated areas of the state.
(b) The department may include on the list of regulated
herbicides, a herbicide the department determines requires
additional restrictions to prevent a hazard to desirable
vegetation.
Section 76.142. APPLICATION OF REGULATED HERBICIDE This
section is added as follows:
(a) A person applying a regulated herbicide must act in
accordance with the rules.
(b) Stipulates joint responsibility between a commercial
applicator and the person in control of the crop or land to which
the regulated herbicide is applied.
department finds that an application of a regulated herbicide is
hazardous to crops or valuable plants, the department may prohibit
the application.
(c) If the department finds that an application of a regulated
herbicide is hazardous to crops or valuable plants, the department
may prohibit the application.
Section 76.143. RULES This section is added to allow the
department to hold a public hearing as soon as practicable after
receiving a written request for a revision of a rule, an exemption
from a requirement of this chapter, or a prohibition of the
spraying of a regulated herbicide in an area.
Section 76.144. COUNTY HERBICIDE REGULATIONS This section is
added as follows:
(a) If the commissioners court of a county determines that a
valuable crop or vegetation susceptible to being adversely affected
by the application of a regulated herbicide exists in an area of
the county and that a rule adopted or prohibition prescribed under
§76.141 or §76.142 not currently applicable to the area should
apply to the area, the commissioners court may enter an order under
which the rule or prohibition becomes effective in the specified
area beginning January 1 of the following year.
(b) Allows a commissioners court to rescind its order under
Subsection (a).
(c) Requires the department to adopt rules concerning the use
of a regulated herbicide in a county in which a commissioners court
has entered an order under Subsection (a).
(d) On request by a commissioners court that has entered an
order, the department, if they find that an emergency exists, may
suspend regulations concerning application dates of regulated
herbicides. An emergency is an imminent threat to agricultural
interests that, if not immediately addressed, would create a
significant economic loss.
(e) Requires commissioners court to hold a hearing before
entering an order. Notice of hearing must be published.
(f) Requires the commissioners court to transcribe the hearing
and make findings of fact based on the hearing and conclusions of
law to support its order.
(g) An interested person may appeal the order to a district
court.
(h) Requires the county to notify the department of a change
in the status of a county.
SUBCHAPTER H. ENFORCEMENT
Section 76.151. ENTRY POWER References to "regulatory
agency" are changed to "department".
Section 76.152. SAMPLING Is not amended.
Section 76.153. "STOP-SALE ORDER" is changed to "STOP USE,
STOP DISTRIBUTION, OR REMOVAL ORDER" (A) Is amended to stipulate
that if the department has reason to believe that a pesticide is in
violation of this chapter the department may issue and enforce an
order to stop the use and/or distribution of the pesticide or
requiring the pesticide to be removed and secured from distribution
or use. The person who receives the order may not sell,
distribute, or use the pesticide until the department determines
that the pesticide is in compliance with this chapter or does not
present a hazard to the public health, safety, or welfare.
Section 76.154. INJUNCTION References to "agency" are changed
to "department".
Section 76.155. PROSECUTIONS References to "agency" are
changed to "department".
Section 76.1555. ADMINISTRATIVE PENALTY (a) Authorizes the
department to assess an administrative penalty against a person in
violation of this chapter. Deletes a reference to Chapter 75 and
76, Agriculture Code.
(b) Deletes a reference to Chapters 75 and 76, Agriculture
Code. Makes conforming and non-substantive changes.
(c) Deletes existing Subsections (c)-(p), regarding
determining the amount of the penalty, issuing a violation report,
giving written notice, responding to the written determination,
accepting the determination, requesting a hearing, giving notice of
the commissioner's order, responding to the order, posting a
supersedeas bond, inability to post a bond, failure to post a bond,
judicial review of the order, release of a bond, and crediting a
penalty payment. Redesignates existing Subsection (q) to (c).
SUBCHAPTER I. REMEDIES
Section 76.181. APPEAL OF DENIAL OR CANCELLATION OF PESTICIDE
REGISTRATION Makes a nonsubstantive change.
Section 76.182. APPEAL OF PERMIT OR LICENSE DENIAL,
SUSPENSION, MODIFICATION, OR REVOCATION Makes a nonsubstantive
change.
Section 76.183. APPEAL OF A STOP-SALE ORDER Makes a
nonsubstantive change.
Section 76.184. Changes heading from REPORTS OF PESTICIDE
DAMAGE CLAIMS to REPORTS OF PESTICIDE ADVERSE EFFECTS Deletes
existing subsections (a)-(d), regarding reports of damage claims.
Adds new subsections as follows:
(a) Authorizes a person claiming adverse effects from an
application of a pesticide to file a complaint report with the
department. Requires the department to prepare a form for the
report which must include the name of the person responsible for
the application, if known, and the name of the owner of lessee of
the land.
(b) Requires the department to notify the licensee, owner, or
lessee of the land on which the alleged violation occurred , and
any person who may be charge with responsibility for the adverse
effects claimed, and to furnish copies of the complaint to those
people upon request.
(c) Requires the complaining party to permit the department
and licensee to observe the land or nontarget organism alleged to
have been adversely affected in order to assess any adverse
effects.
(d) Failure to file a complaint does not bar a civil or
criminal action from being filed and maintained.
(e) Is added to allow the department to prescribe by rule the
procedures to be followed in the investigation of a report claiming
adverse effects from an application of a pesticide.
SUBCHAPTER J. PENALTIES
Section 76.201. OFFENSES Is amended as follows:
(a)(1) Provides that a person commits an offense if the person
distributes within this state or delivers for transportation or
transports in intrastate commerce or between points within this
state through a point outside this state a pesticide not registered
as provided by this chapter, adding an exception for a pesticide
that is not for use in this state and is only being manufactured,
transported, or distributed for use outside of this state.
(b) Adds a stipulation that provides that a person commits an
offense if the person detaches, alters, defaces, or destroys any
label under this chapter before the container has been emptied and
rinsed properly.
(d) Adds a stipulation that provides that a person commits an
offense if the person violates any provision of this chapter to
which this section does not expressly apply.
(e) Adds a stipulation that provides that a person commits an
offense if the person violates Section 76071(a), has a permit to
apply a powder or dry-type regulated herbicide and applies a
herbicide that does not meet the requirements of Section 76.144(c),
violates a rule adopted under this chapter, or fails to keep or
submit records in violation of this chapter.
Section 76.202 PENALTY Is not amended.
Section 76.203 DEFENSES Is not amended.
SECTION 2. Repeals Chapters 75 and 125, Agriculture Code
(Herbicide Regulation, Agriculture Hazards Communication Act).
SECTION 3. Provides that a license issued under Subchapter E,
Chapter 76, Agriculture Code, by a state agency other than the
Department of Agriculture that is of a type that will be issued by
the department under the changes in law to Subchapter E made by
this Act remains valid for the remainder of the period for which it
was issued. Subjects an expired license to renewal under
Subchapter E, Chapter 76, Agriculture Code, as amended by this Act.
SECTION 4. Emergency Clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substantial differences between the original HB 2479 and the
committee substitute for
HB 2479 are as follows:
HB 2479 as filed
Committee Substitute for HB
2479
No definition for "Registrant"
§76.001 (23) Defines
"Registrant" as a person who
under this chapter has
registered a pesticide.
§76.004 (b) Refers to
"Groundwater Protection
Committee"
§76.004 (b) Refers to "Texas
Groundwater Protection
Committee"
§76.007 (b) Requires the
department to be the lead
agency for any federally
mandated state management plan
for pesticides in groundwater.
Allows the department by rule
to assess a registration fee
to cover the department's
costs.
§76.007 (b) Requires the
department to cooperate with
the Texas Groundwater
Protection Committee in
developing and implementing
federally mandated state
management plans for
pesticides in groundwater.
Allows the department by rule
to assess a registration fee
to recover the department's
costs and the costs of other
state agencies.
§76.041 (f) Prohibits the
department from registering a
fertilizer that contains a
pesticide that must be
registered with the department
under this chapter.
§76.041 (f) Prohibits the
Texas Feed and Fertilizer
Control Service from
registering a fertilizer that
contains a pesticide that must
be registered with the
department under this chapter.
Adds two new Subsections as
follows: (g) Stipulates
that a pesticide registered
with the department must be
currently registered as long
as the pesticide remains in
the channels of trade in this
store. The registrant bears
responsibility to ensure the
pesticide remains currently
registered.
(h) If the department issues
an order because a pesticide
is not currently registered,
the registrant or person
required to register is
responsible for taking
necessary action.
§76.045 is deleted from the
original.
§76.045 The department may not
approve a regulation unless
the department finds the
pesticide, its labeling, and
other materials required to be
submitted comply with the
requirements of this chapter.
§76.071 (a) A person may not
distribute in this state a
restricted-use or state-limited-use pesticide or
regulated herbicide without a
valid license.
§76.071 (a) A person may not
distribute in this state a
restricted-use or state-limited-use (regulated
herbicide is deleted)
pesticide without a valid
license.
§76.105 (a) Provision of
exception as provided under
§76.003(e) is not included.
§76.105 (a) Stipulates
exception as provided under
Section 76.003(e).
§76.105(b) Licensed applicator
is not required to be
physically present at the time
and place of the pesticide
application.
§76.105(b) Licensed applicator
is not required to be
physically present at the time
and place of the pesticide
application unless the label
of the applied pesticide
states that the presence of
the licensed applicator is
required.
§76.105 (e) Provision of
exception as provided under
§76.003(e) is not included.
§76.105 (e) Stipulates
exception as provided under
Section 76.003(e).
§76.111 (e) Except as
otherwise provided, the amount
of financial responsibility
may not be less than $100,000
for property damage and may
not be less than $100,000 for
bodily injury to more than one
person.
§76.111(e) Requirement for
amount of proof of financial
responsibility may not be less
than an aggregate of $200,000
for bodily injury and property
damage.
§76.112 The Texas Agricultural
Extension Service shall
approve appropriate training
courses to be conducted by
other governmental agencies or
nongovernmental entities.
§76.112 (f) The department is
required to approve
appropriate training courses
developed under the
coordination of the Texas
Agricultural Extension Service
and conducted by other
governmental agencies or
nongovernmental entities.
§76.114 (b) Records must be
kept on application of a
specific restricted-use,
state-limited-use pesticide or
regulated herbicide.
§76.114 (b) Records must be
kept on application of a
specific restricted-use or
state-limited-use pesticide
(deletes regulated herbicide).
REGULATED HERBICIDES are not
under a separate subchapter in
the original bill. They
comprise Sections 76.118 -
76.121.
A comparison follows:
§76.118 REGULATED HERBICIDES
including (c), which prohibits
a person from distributing a
regulated herbicide without a
license from the department.
§76.119 APPLICATION OF
REGULATED HERBICIDE
§76.120 RULES
§76.121 COUNTY HERBICIDE
REGULATIONS (a) References
§76.118 & §76.119
(g) does not stipulate the
evidence rule applying to the
appeal as if the commissioners
court were a state agency
subject to Chapter 2001,
Government Code.
REGULATED HERBICIDES are
placed under SUBCHAPTER G.
They comprise Sections 76.141
- 76.144
A comparison follows:
Compares to §76.141 REGULATED
HERBICIDES The substitute
does not include (c), which
prohibits a person from
distributing a regulated
herbicide without a license
from the department.
Compares to §76.142
APPLICATION OF REGULATED
HERBICIDE
Compares to §76.143 RULES
Compares to §76.144 COUNTY
HERBICIDE REGULATIONS (a)
References §76.141 & §76.142
(g) stipulates the evidence
rule applying to the appeal as
if the commissioners court
were a state agency subject to
Chapter 2001, Government Code.
SUBCHAPTER G. ENFORCEMENT
Corresponds to SUBCHAPTER H.
ENFORCEMENT
§76.153 STOP-SALE ORDER
(a) Department may stop sale
of pesticide.
§76.153 STOP USE, STOP
DISTRIBUTION, OR REMOVAL ORDER
(a) Department may stop the
use, distribution, or use and
distribution of pesticide or
require the pesticide to be
removed and secured from
further distribution or use.
SUBCHAPTER H. REMEDIES
Corresponds to SUBCHAPTER I.
REMEDIES
§76.184 No Subsection (e)
§76.184 (e) Is added to allow
the department to prescribe by
rule the procedures to be
followed in the investigation
of a report claiming adverse
effects from an application of
a pesticide.
SUBCHAPTER I. PENALTIES
Corresponds with SUBCHAPTER J.
PENALTIES
§76.201 (e)(2) A person
commits an offense if the
person applies a regulated
herbicide without a permit in
violation of SECtion 76.118.
§76.201 (e) does not have this
provision. Subsections are
renumbered accordingly.
SUMMARY OF COMMITTEE ACTION
HB 2479 was considered by the House Committee on Environmental
Regulation in a public hearing on April 25, 1995. The chair
recognized Rep. Bob Turner to explain the bill. The committee
considered a complete substitute for HB 2479.
The following people testified in favor of the bill:
Ramiro Alvarado, representing the Rio Grande Valley Sugar
Growers, Inc.
Joyce Obst, farmer, representing herself and Texas Agri-Women.
Ray Prewett, Texas Citrus Mutual Nonprofit Trade Association
Durwood Tucker, representing Texas Farm Bureau
The following people testified against the bill:
William Beardall, representing Farm Worker Clients of Texas
Rural Legal Aid, Inc.
Reggie James, representing Consumers Union.
Ken Kramer, representing Sierra Club
The following people testified neutrally on the bill:
Steve Bearden, representing the Texas Department of
Agriculture
Geoff Connor, representing the Texas Department of Agriculture
Larry R. Soward, representing the Texas Department of
Agriculture.
Without objection the substitute was withdrawn and HB 2479 was left
pending.
HB 2479 was considered by the House Committee on Environmental
Regulation in a formal meeting on April 27, 1995. The committee
considered a complete substitute; the substitute was adopted
without objection. HB 2479 was reported favorably as substituted
with the recommendation that it do pass and be printed by a record
vote of six (6) aye, no (0) nay, no (0) pnv, and three (3) absent.