DME S.B. 1590 75(R)    BILL ANALYSIS


AGRICULTURE & LIVESTOCK
S.B. 1590
By: Haywood (Holzheauser)
4-15-97
Committee Report (Amended)


BACKGROUND 

Under current law, veterinarians are required to obtain a pesticide
applicator's license when using restricted or limited-use pesticides and
regulated herbicides. Since veterinarians are schooled in toxicology
(relating to pesticides and chemicals and their possible effects),
pharmacology, and animal physiology, they often have more training than is
required by the licensing procedure of applicators. Veterinarians usually
use restricted pesticides on a limited basis. For example, they use Coral,
a restricted pesticide, as a dust or spray to control flies on livestock
or around dog kennels. 

PURPOSE

This legislation allows veterinarians to purchase and use
state-limited-use and restricted-use pesticides and regulated herbicides
without the mandatory applicator's license. 
 
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. Amends Section 76.071, Agriculture Code, by stating current law
that a distributor of a regulated herbicide must have a valid pesticide
dealer license from the TDA. Allows a pesticide dealer to distribute a
restricted-use or state-limited-use pesticide or a regulated herbicide to
a licensed veterinarian. 

SECTION 2. Amends Section 76.105, Agriculture Code, to allow licensed
veterinarians to purchase or use a retricted-use or state-limited
pesticide.  

SECTION 3. Amends Chapter 76, Agriculture Code, by adding Section 76.118,
which exempts from pesticide licensing veterinarians using restricted-use
or state-limited-use pesticides or herbicides as drugs or medication
during normal veterinary practices. 

SECTION 4. Effective date: September 1, 1997.

SECTION 5. Emergency clause. 

EXPLANATION OF AMENDMENTS

The amendment deletes language in SECTION 1 pertaining to a veterinarian's
use of a restricted -use or state-limited-use pesticide as a drug or
medication during normal medical practice.