By Hirschi                                            H.B. No. 1726

         75R12580 E                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to an integrated pest management program at an institution

 1-3     of higher education or school district.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 4J, Texas Structural Pest Control Act

 1-6     (Article 135b-6, Vernon's Texas Civil Statutes), is amended by

 1-7     amending Subsection (d) and adding Subsections (f) and (g) to read

 1-8     as follows:

 1-9           (d)  The board shall include in standards adopted under this

1-10     section:

1-11                 (1)  a requirement that the least hazardous [toxic]

1-12     methods available to control pests, rodents, insects, and weeds be

1-13     used; and

1-14                 (2)  a list of products that a school district is

1-15     allowed to use in its applications.

1-16           (f)  An institution of higher education may adopt an

1-17     integrated pest management program that incorporates standards that

1-18     are consistent with Subsections (a) and (d) of this section.

1-19           (g)  Neither the adoption of an integrated pest management

1-20     program under Subsection (f) nor the decision not to adopt an

1-21     integrated pest management program under Subsection (f) may be

1-22     construed in any way to:

1-23                 (1)  relieve an institution of higher education from

1-24     liability; or

 2-1                 (2)  imply that an institution of higher education has

 2-2     incurred liability related to the existence or nonexistence of an

 2-3     integrated pest management program.

 2-4           SECTION 2.  (a)  This Act takes effect September 1, 1997.

 2-5           (b)  If the governing board of an institution of higher

 2-6     education establishes an integrated pest management program under

 2-7     Section 4J(f), Texas Structural Pest Control Act (Article 135b-6,

 2-8     Vernon's Texas Civil Statutes), as added by this Act, the governing

 2-9     board of the institution shall report the results of the program to

2-10     the presiding officer of each house of the legislature before

2-11     September 1, 2001.  The report shall include an analysis of the

2-12     costs and benefits of establishing the program.

2-13           SECTION 3.  The importance of this legislation and the

2-14     crowded condition of the calendars in both houses create an

2-15     emergency and an imperative public necessity that the

2-16     constitutional rule requiring bills to be read on three several

2-17     days in each house be suspended, and this rule is hereby suspended.