ACG H.B. 3115 75(R)BILL ANALYSIS ENVIRONMENTAL REGULATION C.S.H.B. 3115 By: Gutierrez 4-18-97 Committee Report (Substituted) BACKGROUND Current law divides authority and responsibility for licensing and regulation of pesticide application matters as follows: In urban areas, the Structural Pest Control Board regulates pesticide applications, including applications on trees, shrubs, grass, and other horticultural plants, and in association with right-of-way vegetation management, except for application of pesticides on Country Club Golf Courses. In rural areas, the Texas Department of Agriculture has authority and responsibility for regulating all pesticide applications, exclusive of structural pest control. The Texas Department of Agriculture currently has an extensive licensing, regulatory and training program for commercial and noncommercial pesticide applicators, including farmers and ranchers, nurserymen, sod, turf and tree growers, aquatic environment and right-of-way managers, grain and feed storage managers as well as demonstration and research scientists. PURPOSE CSHB 3115 will transfer the licensing and regulatory responsibility of pesticide application on trees, shrubs, grass and other horticultural plants and right-of-way vegetation management, within urban areas and by employees of political subdivisions, from the Texas Structural Pest Control Board to the Texas Department of Agriculture. 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. SECTION BY SECTION ANALYSIS SECTION 1. Section 4B(d), Texas Structural Pest Control Act, is amended to stipulate that an owner of a specified building may obtain pest control services for that building from a person by contracting with a person or business that has a license to perform the services. SECTION 2. Section 11, Texas Structural Pest Control Act, is amended to include an exception for 4J of this Act, and to add a new Subsection (6) to stipulate that a person who performs pest control on certain plants shall not be deemed to be engaging in the business of structural pest control if that person complies with continuing education requirements, holds a certified license from TDA, and is engaged in specified pest control work. SECTION 2. Effective date. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE HB 3115 amended Article 135b-6, Texas Structural Pest Control Act, by adding Section 2(b) to define "Structural Pest Control Business." CSHB 3115 does not define "Structural Pest Control Business." The substitute stipulates that an owner of a specified building may obtain pest control services for that building from a person by contracting with a person or business that has a license to perform the services. The substitute also includes an exception for 4J of this Act, and adds a new Subsection (6) to stipulate that a person who performs pest control on certain plants shall not be deemed to be engaging in the business of structural pest control if that person complies with continuing education requirements, holds a certified license from TDA, and is engaged in specified pest control work.