SRC-JRN S.B. 1590 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1590
By: Haywood
Natural Resources
3-31-97
As Filed


DIGEST 

Currently, certain laws relate to the use and distribution of a regulated
herbicide and certain pesticides.  Veterinarians who may find uses for
pesticides in the daily operation of their practices are trained in
toxicology, pharmacology, and animal physiology.  This bill allows
licensed veterinarians the opportunity to purchase and use certain
pesticides in their practice without the mandatory applicator's license. 

PURPOSE

As proposed, S.B. 1590 allows licensed veterinarians the opportunity to
purchase and use certain pesticides in their practice without the
mandatory applicator's license. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 76.071, Agriculture Code, by amending Subsection
(a) and adding Subsection (d), to prohibit a person from distributing
certain pesticides, including a regulated herbicide without a valid
current pesticide dealer license issued by the Department of Agriculture
(department).  Provides that nothing in this subchapter is to be construed
to prohibit a pesticide dealer from distributing a restricted-use or
state-limited use pesticide or a regulated herbicide to a person licensed
to practice veterinary medicine and using a restricted-use or
state-limited-use pesticide or a regulated herbicide as a drug or
medication during the course of the veterinarian's normal practice. 

SECTION 2. Amends Section 76.105(a), Agriculture Code, to prohibit a
person from purchasing or using a restricted-use or state-limited used
pesticide unless the person meets certain requirements, including being
licensed to practice veterinary medicine by the State Board of Veterinary
Medical Examiners. 

SECTION 3.  Amends Chapter 76E, Agriculture Code, by adding Section
76.118, as follows: 

Sec. 76.118. EXEMPTION FOR LICENSED VETERINARIANS.  Provides that certain
practicing veterinarians are not required to obtain a license under this
chapter to purchase or use restricted-use or state-limited-use pesticides
or a regulated herbicide, notwithstanding other provisions of this
chapter. 

SECTION 4. Effective date: September 1, 1997.

SECTION 5. Emergency clause.