By Turner of Coleman                                  H.B. No. 2478
       74R6806 MWV-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to pesticide worker protection standards.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 76.104, Agriculture Code, is amended by
    1-5  adding Subsection (d) to read as follows:
    1-6        (d)  A regulatory agency shall adopt worker protection
    1-7  standards for pesticides.  A regulatory agency may adopt other
    1-8  rules for the protection of farm workers and pesticide handlers.
    1-9        SECTION 2.  Section 76.114, Agriculture Code, is amended to
   1-10  read as follows:
   1-11        Sec. 76.114.  Records.  (a)  A regulatory agency shall
   1-12  require each commercial, <applicator and> noncommercial, and
   1-13  private applicator licensee or certificate holder to maintain
   1-14  records of pesticide use <the licensee's use of pesticides>.  A
   1-15  commercial or noncommercial applicator shall maintain records of
   1-16  all pesticides used.  A private applicator shall maintain records
   1-17  of restricted-use and state-limited-use pesticides used.  The
   1-18  regulatory agency by rule shall prescribe the information to be
   1-19  entered into <included in> the records.
   1-20        (b)  A regulatory agency may require a commercial,
   1-21  <applicator and> noncommercial, or private applicator licensee or
   1-22  certificate holder to keep records of the licensee's application of
   1-23  a specific restricted-use or state-limited-use pesticide and may
   1-24  require those records to be kept separate from other business
    2-1  records.
    2-2        (c)  A licensee or certificate holder shall keep records
    2-3  required under this section for a period of two years from the date
    2-4  of the pesticide application.  The licensee or certificate holder
    2-5  shall keep these records accessible and available for copying and
    2-6  shall store them in a location suitable to preserve their physical
    2-7  integrity.
    2-8        (d)  On written request of the regulatory agency, a licensee
    2-9  or certificate holder shall furnish the agency a copy of any
   2-10  requested record pertaining to the application of pesticides.
   2-11        (e)  Except as otherwise provided by this section, a private
   2-12  applicator shall, on request, provide a copy of records required
   2-13  under this section to:
   2-14              (1)  a person who is employed at a location the
   2-15  applicator treats;
   2-16              (2)  a designated representative of a person described
   2-17  in Subdivision (1);
   2-18              (3)  medical personnel treating a person described in
   2-19  Subdivision (1); or
   2-20              (4)  any other person the regulatory agency by rule
   2-21  requires.
   2-22        (f)  A person making a request under Subsection (e)(2), (3),
   2-23  or (4) is not required to disclose the name of the employee.
   2-24        (g)  A person who makes a request for records under
   2-25  Subsection (e) may send a written statement to the regulatory
   2-26  agency regarding the refusal of the applicator or other entity to
   2-27  comply with the request.  A regulatory agency that receives a
    3-1  statement under this subsection shall provide a copy of the records
    3-2  to the requestor.
    3-3        SECTION 3.  Section 76.131, Agriculture Code, is amended by
    3-4  amending Subsection (a) and by adding Subsections (c)-(g) to read
    3-5  as follows:
    3-6        (a)  The department may adopt rules governing the storage and
    3-7  disposal of pesticides and pesticide containers for the purpose of:
    3-8              (1)  preventing injury from storage or disposal to man,
    3-9  vegetation, crops, or animals; and
   3-10              (2)  preventing any water <waterway> pollution that is
   3-11  harmful to man or wildlife provided, the <however, that such> rules
   3-12  are <be> consistent with and no less stringent than <Texas Water
   3-13  Commission> rules adopted by the Texas Natural Resource
   3-14  Conservation Commission under Chapter 26 of the Water Code.
   3-15        (c)  Applicators and other entities covered by this chapter
   3-16  who store products listed under the Federal Insecticide, Fungicide
   3-17  and Rodenticide Act (7 U.S.C. Section 136 et seq.) in excess of 55
   3-18  gallons or 500 pounds or an amount the department determines by
   3-19  rule for certain highly toxic or dangerous chemicals covered by
   3-20  this chapter within one-quarter mile of a residential area composed
   3-21  of three or more private dwellings for more than 72 hours shall
   3-22  provide to the fire chief of the fire department having
   3-23  jurisdiction over the storage place, in writing, the name and
   3-24  telephone number of the applicator or a knowledgeable
   3-25  representative of the applicator or other entity storing the
   3-26  product who may be contacted for further information or contacted
   3-27  in case of emergency.
    4-1        (d)  On request, each applicator or entity shall provide a
    4-2  copy of a list of stored pesticides to the fire chief having
    4-3  jurisdiction over the storage site.  The applicator or other entity
    4-4  shall notify the fire chief of any significant changes that occur
    4-5  in the list of stored pesticides if requested by the fire chief in
    4-6  writing.
    4-7        (e)  On request, the fire chief having jurisdiction over the
    4-8  storage place or the fire chief's representative may conduct
    4-9  on-site inspections of stored pesticides for the sole purpose of
   4-10  preparing fire department activities for an emergency.
   4-11        (f)  On request, the fire chief having jurisdiction over the
   4-12  storage site shall make the stored pesticide list available to
   4-13  members of the fire department having jurisdiction over the
   4-14  workplace and to other personnel outside the fire department who
   4-15  are responsible for preplanning emergency activities, but may not
   4-16  otherwise distribute the information without approval of the
   4-17  applicator.
   4-18        (g)  In this section, "fire chief" means the elected or paid
   4-19  administrative head of a fire department as defined in Chapter 125,
   4-20  Acts of the 45th Legislature, Regular Session, 1937 (Article 6243e,
   4-21  Vernon's Texas Civil Statutes).
   4-22        SECTION 4.  Chapter 125, Agriculture Code, is repealed.
   4-23        SECTION 5.  This Act takes effect September 1, 1995.
   4-24        SECTION 6.  The importance of this legislation and the
   4-25  crowded condition of the calendars in both houses create an
   4-26  emergency and an imperative public necessity that the
   4-27  constitutional rule requiring bills to be read on three several
    5-1  days in each house be suspended, and this rule is hereby suspended.