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.