By Sims S.B. No. 1277
74R7125 T
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. Sec. 76.104, Agriculture Code, is amended to read
1-5 as follows:
1-6 Sec. 76.104. AGENCY RULES FOR APPLICATION OF A PESTICIDE
1-7 (a) The department <head of the regulatory agency> may, after
1-8 notice and public hearing, adopt rules to carry out the provisions
1-9 of this subchapter <for which the agency is responsible>.
1-10 (b) Rules adopted under this section may:
1-11 (1) prescribe methods to be used in the application of
1-12 a restricted-use or state-limited-use pesticide;
1-13 (2) relate to the time, place, manner, method, amount,
1-14 or concentration of pesticide application or to the materials used
1-15 in pesticide application; and
1-16 (3) restrict or prohibit use of a restricted-use or
1-17 state-limited-use pesticide in designated areas during specific
1-18 periods of time.
1-19 (c) The department <A regulatory agency> may adopt a rule
1-20 under this section only after consideration of precautions or
1-21 restrictions necessary to prevent unreasonable risk to man or the
1-22 environment, taking into account the economic, social, and
1-23 environmental costs and benefits of the use of the pesticide.
1-24 (d) The department shall adopt worker protection standards
2-1 for pesticides if the federal worker protection standard is not
2-2 adopted or under consideration for adoption. The department may
2-3 adopt other rules for the protection of farm workers and pesticide
2-4 handlers.
2-5 SECTION 2. Section 76.114, Agriculture Code, is amended to
2-6 read as follows:
2-7 Sec. 76.114. RECORDS. (a) The department <A regulatory
2-8 agency> shall require each commercial, <applicator and> noncommercial
2-9 and private applicator licensee or certificate holder to maintain
2-10 records of <the licensee's use of> pesticide<s> use. All commercial
2-11 and noncommercial applicators will maintain records of all
2-12 pesticide use. All private applicators shall maintain records of
2-13 restricted use and state limited use pesticides. The department
2-14 <regulatory agency> by rule shall prescribe the information to be
2-15 entered into <included in> the records.
2-16 (b) The department <A regulatory agency> may require a
2-17 commercial applicator, noncommercial, private applicator licensee
2-18 or certificate holder to keep records of the licensee's application
2-19 of a specific restricted-use or state-limited-use pesticide or
2-20 regulated herbicide and may require those records to be kept
2-21 separate from other business records.
2-22 (c) A licensee or certificate holder shall keep records
2-23 required under this section for a period of two years from the date
2-24 of the pesticide application. The licensee or certificate holder
2-25 shall keep these records accessible and available for copying and
2-26 shall store them in a location suitable to preserve their physical
2-27 integrity.
3-1 (d) On written request of the department, a licensee or
3-2 certificate holder shall furnish the department <agency> a copy of
3-3 any requested record pertaining to the application of pesticides.
3-4 The department may require all persons who apply a regulated
3-5 herbicide to submit periodically to the department a copy of the
3-6 records required by this section.
3-7 (e) Except as otherwise provided by this section, all
3-8 private applicators shall, upon request, show any records required
3-9 by this section to an employee, employee's designated
3-10 representative, treating medical personnel or a member of the
3-11 community as defined by rule of the department. The designated
3-12 representative or treating medical personnel are not required to
3-13 identify the employee represented or treated.
3-14 (f) A private applicator may not refuse to provide a record
3-15 subject to this subsection to an employee, treating medical
3-16 personnel, designated representative of member of the community.
3-17 If an employee, treating medical personnel, designated
3-18 representative, or member of the community desires a copy of a
3-19 record and the private applicator or other entity refuses to
3-20 provide a copy, that person shall notify the department in writing
3-21 of the request and the private applicator's refusal. The
3-22 department shall obtain copies of such record in accordance to
3-23 rules adopted by the department.
3-24 SECTION 3. Section 76.131, Agriculture Code, is amended to
3-25 read as follows:
3-26 Sec. 76.131. Rules. (a) The department may adopt rules
3-27 governing the storage and disposal of pesticides and pesticide
4-1 containers for the purpose of:
4-2 (1) preventing injury from storage or disposal to man,
4-3 vegetation, crops, or animals; and
4-4 (2) preventing any water<way> pollution that is harmful
4-5 to man or wildlife provided, however, that such rules be consistent
4-6 with <Texas Water Commission> and shall not be less stringent than
4-7 rules adopted by the Texas Natural Resources Conservation
4-8 Commission under Chapter 26 of the Water Code.
4-9 (b) A person may not store or dispose of a pesticide in
4-10 violation of a rule adopted by the department under this section.
4-11 (c) Applicator's and other entities covered by this chapter
4-12 who normally store products listed under the Federal Insecticide,
4-13 Fungicide and Rodenticide Act (7 U.S.C. Sect. 1306 et seq.) in an
4-14 amount in excess of 55 gallons or 500 pounds or an amount the
4-15 department determines by rule for certain highly toxic or dangerous
4-16 chemicals covered by this chapter within one-quarter mile of a
4-17 residential area composed of three or more private dwellings for
4-18 more than 72 hours shall provide to the fire chief of the fire
4-19 department having jurisdiction over the storage place, in writing,
4-20 the names and telephone numbers of the applicator and/or a
4-21 knowledgeable representative of the applicator or other entity
4-22 storing the product who can be contacted for further information or
4-23 contacted in case of emergency.
4-24 (d) On request, each applicator or entity shall provide a
4-25 copy of stored pesticides to the fire chief having jurisdiction
4-26 over the storage place. The applicator or other entity shall
4-27 notify the fire chief of any significant changes that occur of
5-1 stored pesticides if requested by the fire chief in writing.
5-2 (e) The fire chief having jurisdiction over the storage
5-3 place or his representative, on request, shall be permitted to
5-4 conduct on-site inspections of the pesticides stored for the sole
5-5 purpose of preparing fire department activities in case of an
5-6 emergency.
5-7 (f) On request, the fire chief having jurisdiction over the
5-8 storage place shall make the stored pesticide list available to
5-9 members of the fire department having jurisdiction over the
5-10 workplace and to other personnel outside the fire department who
5-11 are responsible for preplanning emergency activities, but may not
5-12 otherwise distribute the information without approval of the
5-13 applicator.
5-14 SECTION 4. Repealer. Chapter 125, Agriculture Code, is
5-15 repealed.
5-16 SECTION 5. The importance of this legislation and the
5-17 crowded condition of the calendars in both houses create an
5-18 emergency and an imperative public necessity that the
5-19 constitutional rule requiring bills to be read on three several
5-20 days in each house be suspended, and this rule is hereby suspended,
5-21 and that this Act take effect and be in force from and after its
5-22 passage, and it is so enacted.