By Hirschi                                      H.B. No. 1582

      75R4358 SKB-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to license 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.  Section 76.102(a), Agriculture Code, is amended

 1-6     to read as follows:

 1-7           (a)  The department shall license pesticide applicators

 1-8     involved in the following license use categories:

 1-9                 (1)  agricultural pest control, including animal pest

1-10     control;

1-11                 (2)  forest pest control;

1-12                 (3)  ornamental and turf pest control, except as

1-13     provided by the Texas Structural Pest Control Act, as amended

1-14     (Article 135b-6, Vernon's Texas Civil Statutes);

1-15                 (4)  seed treatments;

1-16                 (5)  right-of-way pest control;

1-17                 (6)  regulatory pest control;

1-18                 (7)  aquatic pest control; [and]

1-19                 (8)  aquatic pest control in a public body of surface

1-20     water, except in a public body of surface water used for an

1-21     agricultural purpose; and

1-22                 (9)  demonstration pest control.

1-23           SECTION 2.  Section 76.114, Agriculture Code, is amended by

1-24     adding Subsection (e) to read as follows:

 2-1           (e)  In addition to other records required under this

 2-2     section, a regulatory agency shall require each commercial

 2-3     applicator and noncommercial applicator of an aquatic pesticide in

 2-4     a public body of surface water licensed under Section 76.102(8) to

 2-5     maintain records regarding:

 2-6                 (1)  the location where the applicator used the aquatic

 2-7     pesticide; and

 2-8                 (2)  the quantity and character of the pesticide.

 2-9           SECTION 3.  Subchapter E, Chapter 76, Agriculture Code, is

2-10     amended by adding Section 76.118 to read as follows:

2-11           Sec. 76.118.  NOTIFICATION REQUIREMENTS FOR AQUATIC PEST

2-12     CONTROL IN PUBLIC BODY OF SURFACE WATER.  A regulatory agency shall

2-13     require each commercial applicator and noncommercial applicator of

2-14     an aquatic pesticide in a public body of surface water licensed

2-15     under Section 76.102(8) to notify owners of property adjacent to

2-16     the public body of surface water of the date of application before

2-17     the application.  The regulatory agency also shall require

2-18     notification by the posting of one or more signs for at least 30

2-19     days after the date of application.  The regulatory agency by rule

2-20     shall prescribe the form, content, and location of the sign.

2-21           SECTION 4.  This Act takes effect September 1, 1997.

2-22           SECTION 5.  (a)  A regulatory agency shall prescribe

2-23     licensing procedures as required by Section 76.102, Agriculture

2-24     Code, as amended by this Act, not later than December 1, 1997.

2-25           (b)  A regulatory agency shall prescribe rules required by

2-26     Section 76.118, Agriculture Code, as added by this Act, not later

2-27     than December 1, 1997.

 3-1           (c)  This Act applies only to a pesticide that is applied to

 3-2     a public body of surface water on or after January 1, 1998.

 3-3           SECTION 6.  The importance of this legislation and the

 3-4     crowded condition of the calendars in both houses create an

 3-5     emergency and an imperative public necessity that the

 3-6     constitutional rule requiring bills to be read on three several

 3-7     days in each house be suspended, and this rule is hereby suspended.