1-1                                   AN ACT

 1-2     relating to the pesticide use and application program.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 76.106(c), Agriculture Code, is amended

 1-5     to read as follows:

 1-6           (c)  Each regulatory agency may charge a testing fee, as

 1-7     fixed by the governing body of or the head of the regulatory

 1-8     agency, for testing in each license use category.

 1-9           SECTION 2.  Section 76.109, Agriculture Code, is amended by

1-10     amending Subsections (b) and (d) and by adding Subsection (g) to

1-11     read as follows:

1-12           (b)  A person shall apply for an original or renewal

1-13     noncommercial applicator license on forms prescribed by the

1-14     regulatory agency.  The [A nongovernmental] applicant shall include

1-15     with the application an annual license fee, as fixed by the

1-16     governing body of or the head of the regulatory agency.  The

1-17     governing body of or the head of the regulatory agency may set

1-18     other fees as necessary to defray the costs of administering a

1-19     pesticide applicator  certification program. [A regulatory agency

1-20     may not charge a governmental entity applicant a license fee.]

1-21           (d)  An individual to whom a noncommercial applicator license

1-22     is issued by the department is authorized to use and supervise the

1-23     use of restricted-use and state-limited-use pesticides in the

1-24     license use categories and subcategories in which the individual is

 2-1     licensed.

 2-2           (g)  An individual to whom a noncommercial applicator license

 2-3     is issued by the Texas Department of Health is authorized to use

 2-4     and supervise the use of general-use, restricted-use, and

 2-5     state-limited-use pesticides in the license use categories and

 2-6     subcategories in which the individual is licensed.

 2-7           SECTION 3.  This Act takes effect September 1, 1997, and

 2-8     applies only to an original or renewal application for a pesticide

 2-9     applicator's license that is filed on or after September 1, 1997.

2-10     An original or renewal license application that is filed before

2-11     September 1, 1997, is governed by the law as it existed immediately

2-12     before September 1, 1997, and that law is continued in effect for

2-13     that purpose.

2-14           SECTION 4.  The importance of this legislation and the

2-15     crowded condition of the calendars in both houses create an

2-16     emergency and an imperative public necessity that the

2-17     constitutional rule requiring bills to be read on three several

2-18     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 1759 was passed by the House on May

         14, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 1759 was passed by the Senate on May

         22, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor