SRC-MAX H.B. 1144 75(R) BILL ANALYSIS
Senate Research Center H.B. 1144
By: Turner, Bob (Brown)
Natural Resources
5-15-97
Engrossed
DIGEST
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.
This bill sets forth provisions regarding the the consolidation of
herbicide and pesticide laws under the jurisdiction of the Department of
Agriculture.
PURPOSE
As proposed, H.B. 1144 sets forth provisions regarding the consolidation
of herbicide and pesticide laws under the jurisdiction of the Department
of Agriculture.
RULEMAKING AUTHORITY
Rulemaking authority is granted to the Texas Department of Agriculture in
SECTION 1 (Sections 76.072, 76.075(b), 76.104(a), 76.115(c), 76.131(a),
76.141(a), and 76.144(c), Agriculture Code) of this code.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 76, Agriculture Code, as follows:
CHAPTER 76. PESTICIDE AND HERBICIDE REGULATION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 76.001. DEFINITIONS. Defines "application of a herbicide,"
"department," "FIFRA," "registrant," and "worker protection standard."
Makes a conforming change.
Sec. 76.002. PESTS. Requires the Department of Agriculture (TDA) to
determine what organisms constitute pests for purposes of this chapter and
may include in the list any virus, bacteria, or other microorganism, other
than a virus, bacteria, or other microorganism on or in living man or
other living animals.
Sec. 76.003. STATE-LIMITED-USE PESTICIDES. Requires TDA to consider
any formal request to add any pesticide to the state-limited-use list
under Subsection (b).
Sec. 76.004. DEPARTMENT RULES. Provides that any rule adopted by TDA
for the purposes of protection or enhancement of water quality shall not
be inconsistent with nor less stringent than rules adopted for the
protection or enhancement of water quality by the Texas Natural Resource
Conservation Commission pursuant to certain recommendations.
Sec. 76.005. NOTICE OF HEARING. Makes no change.
Sec. 76.006. PESTICIDE EXAMINATION AND TESTING. Authorizes, rather than
requires, TDA to make or provide for sample tests of a pesticide on
request.
Sec. 76.007. INTERAGENCY COOPERATION. Requires TDA to cooperate with
the Texas Groundwater Protection Committee in the committee's development
and implementation of federally mandated state management plans for
pesticides in groundwater in accordance with Section 26.407, Water Code,
under certain conditions.
Sec. 76.008. EXEMPTION. Makes no change.
Sec. 76.009. AGRICULTURE RESOURCES PROTECTION AUTHORITY. Requires the
Agricultural Resources Protection Authority (authority) to meet annually,
rather than quarterly, and at the call of the presiding officer or a
majority of the members. Makes conforming and nonsubstantive changes.
SUBCHAPTER B. LABELING
Sec. 76.021. LABELING INFORMATION. Requires each pesticide distributed
in this state to bear a label containing information required by the
Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136
et seq.) (FIFRA) and certain other information. Deletes a provision
regarding the labeling of each pesticide distributed in this state with
the use classification for which the product is registered. Makes a
conforming change.
Sec. 76.022. CONSPICUOUS LETTERING. Requires a device registered by TDA
to be prominently and conspicuously placed for certain purposes.
Sec. 76.023. MISBRANDED PESTICIDE OR DEVICE. Provides that a pesticide
or device is misbranded under certain conditions concerning the FIFRA
registration. Makes conforming changes.
SUBCHAPTER C. REGISTRATION
Sec. 76.041. REGISTRATION REQUIRED. Provides that registration is not
required for a pesticide that is not for use in this state and is being
manufactured, transported, or distributed for use only outside of this
state. Sets forth provisions regarding registration of pesticides that
are not used in this state but are manufactured, transported, or
distributed for use outside this state.
Sec. 76.042. CONTENT OF REGISTRATION APPLICATION. Requires the
application for registration of a pesticide to include a copy of the
Environmental Protection Agency (EPA) stamped accepted labeling and any
applicable comment pages under certain conditions.
Sec. 76.043. EXPIRATION AND RENEWAL. Makes no change.
Sec. 76.044. FEES. Makes no change.
Sec. 76.045. REGISTRATION FOR SPECIAL LOCAL NEED. Deletes existing
Section 76.045 regarding department approval. Authorizes TDA to register a
pesticide for additional uses and methods of application not covered by
federal registration, rather than regulation, but not inconsistent with
federal law, for certain purposes.
Sec. 76.046. DENIAL OR CANCELLATION OF REGISTRATION. Redesignates from
Section 76.046.
Sec. 76.047. EXPERIMENTAL USE PERMIT. Redesignates for existing Section
76.048. Authorizes TDA to change a fee for issuing a permit under this
section in a certain amount.
SUBCHAPTER D. LICENSING OF DEALERS
Sec. 76.071. LICENSE REQUIRED. Prohibits a person from distributing in
this state a regulated herbicide without a valid current pesticide dealer
license issued by TDA. Prohibits a pesticide dealer from distributing a
restricted-use or state-limited-use pesticide (pesticide) or a regulated
herbicide (herbicide) except in certain circumstances.
Sec. 76.072. EXPIRATION. Provides that a pesticide dealer license
expires on the second anniversary of the date of its granting or renewal
under certain conditions.
Sec. 76.073. FEES. Deletes a provision regarding an additional fee for
certain persons.
Sec. 76.074. DISPLAY OF DEALER LICENSE. Makes no change.
Sec. 76.075. RECORDS. Sets forth provisions regarding the recording of
the distribution of a pesticide or herbicide. Deletes the provisions of
existing Section 76.075.
Sec. 76.076. DENIAL, REVOCATION, MODIFICATION, OR SUSPENSION OF LICENSE.
Sets forth provisions regarding the denial, revocation, modification, or
suspension of a license by TDA.
Sec. 76.077. EXCEPTIONS. Makes a conforming change.
SUBCHAPTER E. USE AND APPLICATION
Sec. 76.101. COORDINATION. Requires TDA to use the Texas Agricultural
Experiment Station at its discretion. Deletes a provision prohibiting the
contents of the subsection from being construed to affect Chapter 75.
Sec. 76.102. AGENCIES RESPONSIBLE FOR LICENSING PESTICIDE APPLICATORS.
Requires TDA to license pesticide applicators involved in other license
use categories as necessary to comply with federal requirements.
Prohibits TDA from adopting license use categories that are designated by
statute for regulation by another agency.
Sec. 76.103. PROGRAM CONTINGENT ON FEDERAL FUNDS. Makes no change.
Sec. 76.104. AGENCY RULES FOR APPLICATION OF A PESTICIDE. Requires TDA
to adopt worker protection standards for pesticides in certain
circumstances. Authorizes TDA to adopt other rules for the protection of
the health, safety, and welfare of farm workers and pesticide handlers.
Sec. 76.105. LICENSE REQUIRED. Prohibits a person from purchasing or
using certain pesticides or regulated herbicides unless the person is an
individual acting under the direct supervision of a licensed applicator,
except as provided by certain sections, rather than a licensed
noncommercial or a licensed private applicator. Prohibits a licensed
applicator from supervising an applicator whose license or certificate is
under suspension or revocation. Provides that a licenced applicator
satisfies the requirements of this subsection if the person working the
licensee's direct supervision has been trained as a handler under the
federal worker protection standard, rather than attends a certain program.
Prohibits a person from purchasing a restricted-use or state-limited-use
pesticide or regulated herbicide under certain conditions. Makes
conforming and nonsubstantive changes.
Sec. 76.106. CLASSIFICATION OF LICENSES. Makes no change.
Sec. 76.107. LICENSING BY MORE THAN ONE AGENCY. Makes no change.
Sec. 76.108. COMMERCIAL APPLICATOR LICENSE. Deletes provisions regarding
the issuance of a commercial applicator license. Makes conforming and
nonsubstantive changes.
Sec. 76.109. NONCOMMERCIAL APPLICATOR LICENSE. Prohibits a regulatory
agency from charging a certain fee under this section. Makes conforming
and nonsubstantive changes.
Sec. 76.110. COMMERCIAL AND NONCOMMERCIAL APPLICATOR EXAMINATION;
RECIPROCAL AGREEMENTS. Makes a conforming change.
Sec. 76.111. New heading; APPLICATOR BUSINESSES; PROOF OF FINANCIAL
RESPONSIBILITY. Defines "applicator business." Requires each applicator
business, rather than applicant for a commercial applicator license, to
file with the regulatory agency issuing the license, a liability insurance
policy, certification of policy, or other proof of financial
responsibility acceptable by TDA protecting certain persons. Deletes
provisions regarding insurance coverage. Prohibits the amount of the
proof of financial responsibility from being less than $100,000 for each
occurrence for property damage. Requires an applicator business to cease
certain operations during a certain period. Deletes provisions regarding
exemption from the financial responsibility requirements, a surety
furnished under this section, and a regulatory agency. Makes conforming
and nonsubstantive changes.
Sec. 76.112. PRIVATE APPLICATOR. Provides that a person is a private
applicator if the person uses or supervises the use of certain pesticides
or herbicides for the purpose of producing an agricultural commodity or
services related to agricultural production including the use of
equipment. Requires TDA to approve certain appropriate training courses.
Prohibits a certified private applicator from supervising the use of
pesticides or herbicides. Makes conforming and nonsubstantive changes.
Sec. 76.113. EXPIRATION AND RENEWAL OF LICENSES. Makes no change.
Sec. 76.114. RECORDS. Authorizes TDA to require each commercial or
noncommercial applicator licensee to maintain records of all pesticide
applications. Sets forth provisions regarding these records. Authorizes
TDA to require all persons who apply a regulated herbicide to submit
periodically to TDA a copy of the records required by this section. Makes
conforming and nonsubstantive changes.
Sec. 76.115. New heading: INSPECTIONS OF EQUIPMENT. Authorizes each
regulatory agency to inspect equipment used in the application of
pesticides. Authorizes TDA, by rule, to provide certain requirements
under this section.
Sec. 76.116. SUSPENSION, MODIFICATION, OR REVOCATION OF LICENSE.
Authorizes the head of a regulatory agency that licensed or certified an
applicator take certain actions against a person if the the licensee or
certificate holder has failed to maintain financial responsibility, rather
than a bond or policy of insurance, as required by this chapter. Sets
forth provisions for a regulatory agency proposing not to renew a person's
license or certificate for certain reasons. Makes conforming and
nonsubstantive changes.
Sec. 76.117. PROPERTY OWNER USE. Makes a nonsubstantive change.
Sec. 76.118. EXEMPTION FOR LICENSED VETERINARIANS. Sets forth provisions
regarding an exemption for a licensed veterinarian.
SUBCHAPTER F. STORAGE AND DISPOSAL
Sec. 76.131. RULES. Authorizes TDA to adopt rules governing the storage
and disposal of pesticides and pesticide containers for the purpose of
preventing water pollution. Sets forth provisions regarding the storage
of pesticides. Sets forth provisions regarding the notification of the
fire chief having jurisdiction over the storage place concerning the
pesticides.
SUBCHAPTER G. HERBICIDES