ACG H.B. 1726 75(R)BILL ANALYSIS ENVIRONMENTAL REGULATION C.S.H.B. 1726 By: Hirschi 4-18-97 Committee Report (Substituted) BACKGROUND Overexposure to chemicals has been linked to learning disabilities, memory loss and behavioral problems. Current law requires the Structural Pest Control Board to ensure that school districts utilize integrated pest management (IPM) to reduce the chance of chemical exposure to our schoolchildren. There are similar risks for public university and college students who often live and study in an area controlled by their school. Although public schools are now utilizing less hazardous methods of pest control, public universities and colleges are not required by law to utilize integrated pest management. PURPOSE CSHB 1726 extends the integrated pest management rules to allow public schools and universities to use the least toxic method available to control pests and weeds to reduce the chance of chemical exposure to students. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution, but allows an institution of higher education to adopt an IPM program in SECTION 1 of the bill [Section 4J(f), Texas Structural Pest Control Act.] SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 4J (d), Texas Structural Pest Control Act (Article 135b-6, Vernon's Texas Civil Statutes) to redesignate least "toxic" methods of pest control as least "hazardous." Amends Section 4J, Texas Structural Pest Control Act (Article 135b-6, Vernon's Texas Civil Statutes) by adding a new subsection (f) which allows an institution of higher education to adopt an integrated pest management program that incorporates the standards established by the board. Amends Section 4J, Texas Structural Pest Control Act (Article 135b-6, Vernon's Texas Civil Statutes) by adding a new subsection (g) which stipulates that neither the adoption of an IPM program, not the decision not to adopt an IPM program may be construed to relieve an institution of higher education from liability, or imply incurred liability. SECTION 2 (a) Effective date: September 1, 1997. SECTION 2 (b) Requires the governing board at each institution of higher education that establishes an IPM program to report the results of the program to the legislature before September 1, 2001. Requires the report to include an analysis of the costs and benefits of establishing the program. SECTION 3. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE HB 1726 required the Texas Structural Pest Control Board to establish standards for an IPM program for institutions of higher education, and to adopt initial standards relating to the program no later than October 1, 1997. HB 1726 also required the governing board of each institution of higher education to establish and IPM program not later than January 1, 1998. CSHB 1726 is a permissive bill allowing the governing board of an institution of higher education to establish an IPM program, and requiring the board to report the program results to the legislature no later than September 1, 2001. An analysis of the costs and benefits of establishing the program must be included in the report. The substitute also includes a new subsection dealing with liability of an institution of higher education.