75R11991 SKB-D
By Hirschi, Maxey H.B. No. 1582
Substitute the following for H.B. No. 1582:
By Puente C.S.H.B. No. 1582
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to permit and notice requirements for applicators of
1-3 aquatic pesticides in certain bodies of water.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 76.001(13)-(23), Agriculture Code, are
1-6 amended to read as follows:
1-7 (13) "Integrated pest management" means the
1-8 coordinated use of pesticide and environmental information with
1-9 pest control methods to prevent unacceptable levels of pest damage
1-10 by the most economical means and to cause the least possible hazard
1-11 to persons, property, and the environment.
1-12 (14) "Label" means the written, printed, or graphic
1-13 matter on or attached to a pesticide or device or any of its
1-14 containers or wrappers.
1-15 (15) [(14)] "Labeling" means a label or any other
1-16 written, printed, or graphic matter prepared by a registrant:
1-17 (A) accompanying the pesticide or device at any
1-18 time; or
1-19 (B) to which reference is made on a label or in
1-20 literature accompanying or referring to a pesticide or device,
1-21 except accurate, nonmisleading references made to a current
1-22 official publication of a federal or state institution or agency
1-23 authorized by law to conduct research in the field of pesticides.
1-24 (16) [(15)] "Land" means any land or water area,
2-1 including airspace, and any plant, animal, structure, building,
2-2 contrivance, or machinery, whether fixed or mobile, appurtenant to
2-3 or situated on a land or water area or airspace, including any used
2-4 for transportation.
2-5 (17) [(16)] "License use category" means a
2-6 classification of pesticide use based on the subject, method, or
2-7 place of pesticide application.
2-8 (18) [(17)] "Nematode" means an invertebrate animal of
2-9 the phylum Nemathelminthes and class Nematoda (an unsegmented
2-10 roundworm with an elongated, fusiform, or sac-like body covered
2-11 with cuticle) inhabiting soil, water, plants, or plant parts.
2-12 (19) [(18)] "Pesticide" means a substance or mixture
2-13 of substances intended to prevent, destroy, repel, or mitigate any
2-14 pest, or any substance or mixture of substances intended for use as
2-15 a plant regulator, defoliant, or desiccant.
2-16 (20) [(19)] "Plant regulator" means a substance or
2-17 mixture of substances intended through physiological action to
2-18 accelerate or retard the rate of growth or rate of maturation, or
2-19 otherwise to alter the behavior of an ornamental or crop plant or
2-20 the product of an ornamental or crop plant, but does not include a
2-21 substance to the extent that it is intended as a plant nutrient,
2-22 trace element, nutritional chemical, plant inoculant, or soil
2-23 amendment.
2-24 (21) "Public body of surface water" means any body of
2-25 surface water that is not used exclusively for an agricultural
2-26 purpose. The term does not include impounded water on private
2-27 property.
3-1 (22) [(20)] "Regulatory agency" means a state agency
3-2 with responsibility for certifying applicators under Subchapter E
3-3 of this chapter.
3-4 (23) [(21)] "Restricted-use pesticide" means a
3-5 pesticide classified as a restricted-use pesticide by the
3-6 Environmental Protection Agency.
3-7 (24) [(22)] "Thallophyte" means a
3-8 non-chlorophyll-bearing plant of a lower order than mosses and
3-9 liverworts.
3-10 (25) [(23)] "Weed" means any plant that grows where
3-11 not wanted.
3-12 SECTION 2. Section 74.104, Agriculture Code, is amended by
3-13 adding Subsection (d) to read as follows:
3-14 (d) The department shall adopt rules prohibiting the
3-15 application of any pesticide to control aquatic pests in any public
3-16 body of surface water by a person who does not have a permit to
3-17 apply pesticides for the control of aquatic pests from the
3-18 department and who does not apply the pesticide as provided by
3-19 Section 76.118.
3-20 SECTION 3. Subchapter E, Chapter 76, Agriculture Code, is
3-21 amended by adding Section 76.118 to read as follows:
3-22 Sec. 76.118. PERMIT AND NOTICE REQUIREMENTS FOR AQUATIC
3-23 PESTICIDE USE IN A PUBLIC BODY OF SURFACE WATER. (a) The
3-24 department by rule shall adopt procedures providing for the
3-25 coordination, oversight, and enforcement of all aquatic pesticide
3-26 use to prevent unreasonable risk from the use of any aquatic
3-27 pesticides.
4-1 (b) The department by rule shall provide procedures for a
4-2 person to obtain a permit before application of the pesticide.
4-3 (c) The department may request from the Parks and Wildlife
4-4 Department or local river authorities the following information:
4-5 (1) the depth, size, volume, flow, or other
4-6 characteristics of the body of water proposed for aquatic pesticide
4-7 treatment;
4-8 (2) plant and animal life in and downstream from a
4-9 proposed aquatic pesticide treatment area;
4-10 (3) practical, nonchemical pest control strategies;
4-11 and
4-12 (4) any other information required by the department
4-13 for the purposes of this section.
4-14 (d) The department may not issue a permit to an aquatic
4-15 pesticide applicator unless the Texas Natural Resource Conservation
4-16 Commission has ruled that the proposed application will not
4-17 contaminate drinking water sources.
4-18 (e) The department shall require that the principles of
4-19 integrated pest management be followed before approving a permit to
4-20 apply aquatic pesticides.
4-21 (f) The department shall require each applicator of an
4-22 aquatic pesticide in a public body of surface water to notify
4-23 owners of property adjacent to the public body of surface water of
4-24 the date of application at least five working days before the
4-25 application. The department also shall require notification by the
4-26 posting of one or more signs at the time of application and for at
4-27 least 30 days after the date of application. The department by
5-1 rule shall prescribe the form, content, and location of the sign.
5-2 (g) The department by rule may establish and provide for the
5-3 collection of a fee to cover costs associated with the review of an
5-4 application for a permit required by this section.
5-5 SECTION 4. This Act takes effect September 1, 1997.
5-6 SECTION 5. (a) The Department of Agriculture shall
5-7 prescribe permit procedures and rules as required by Sections
5-8 74.104(d) and 76.118, Agriculture Code, as added by this Act, not
5-9 later than December 1, 1997.
5-10 (b) This Act applies only to a pesticide that is applied to
5-11 a public body of surface water on or after January 1, 1998.
5-12 SECTION 6. The importance of this legislation and the
5-13 crowded condition of the calendars in both houses create an
5-14 emergency and an imperative public necessity that the
5-15 constitutional rule requiring bills to be read on three several
5-16 days in each house be suspended, and this rule is hereby suspended.