By Hirschi H.B. No. 1759
75R6157 SKB-D
A BILL TO BE ENTITLED
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 361.475(j), Health and Safety Code, is
1-5 amended to read as follows:
1-6 (j) The revenues obtained from the waste tire recycling fees
1-7 shall be deposited to the credit of the waste tire recycling fund
1-8 and may be used only to pay for those activities and costs
1-9 identified in Subsection (d) or (e), except that the legislature
1-10 may appropriate $50,000 from the fund to the Texas Department of
1-11 Health to be used only to administer its duties relating to the
1-12 pesticide use and application program under Subchapter E, Chapter
1-13 76, Agriculture Code.
1-14 SECTION 2. Section 76.106(c), Agriculture Code, is amended
1-15 to read as follows:
1-16 (c) Each regulatory agency may charge a testing fee, as
1-17 fixed by the governing body of or the head of the regulatory
1-18 agency, for testing in each license use category.
1-19 SECTION 3. Sections 76.109(b) and (d), Agriculture Code, are
1-20 amended to read as follows:
1-21 (b) A person shall apply for an original or renewal
1-22 noncommercial applicator license on forms prescribed by the
1-23 regulatory agency. The [A nongovernmental] applicant shall include
1-24 with the application an annual license fee, as fixed by the
2-1 governing body of or the head of the regulatory agency. The
2-2 governing body of or the head of the regulatory agency may set
2-3 other fees as necessary to defray the costs of administering a
2-4 pesticide applicator certification program. [A regulatory agency
2-5 may not charge a governmental entity applicant a license fee.]
2-6 (d) An individual to whom a noncommercial applicator license
2-7 is issued is authorized to use and supervise the use of
2-8 [restricted-use and state-limited-use] pesticides in the license
2-9 use categories and subcategories in which the individual is
2-10 licensed.
2-11 SECTION 4. (a) This Act takes effect September 1, 1997.
2-12 (b) Sections 2 and 3 of this Act apply only to an original
2-13 or renewal application for a pesticide applicator's license that is
2-14 filed on or after September 1, 1997. An original or renewal
2-15 license application that is filed before September 1, 1997, is
2-16 governed by the law as it existed immediately before September 1,
2-17 1997, and that law is continued in effect for that purpose.
2-18 SECTION 5. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.