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.