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.