Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Holzheauser                                  H.B. No. 3484

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the use and distribution of a regulated herbicide and

 1-3     certain pesticides.

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

 1-5           SECTION 1.  Section 76.071, Agriculture Code, is amended by

 1-6     amending Subsection (a) and adding Subsection (d) to read as

 1-7     follows:

 1-8           (a)  A person may not distribute in this state a

 1-9     restricted-use or state-limited-use pesticide or a regulated

1-10     herbicide without a valid current pesticide dealer license issued

1-11     by the department.

1-12           (d)  Nothing in this subchapter shall be construed to

1-13     prohibit a pesticide dealer from distributing a restricted-use or

1-14     state-limited-use pesticide or a regulated herbicide to a person

1-15     who is licensed to practice veterinary medicine by the State Board

1-16     of Veterinary Medical Examiners and who only uses a restricted-use

1-17     or state-limited-use pesticide or a regulated herbicide as a drug

1-18     or medication during the course of the veterinarian's normal

1-19     practice.

1-20           SECTION 2.  Subsection (a), Section 76.105, Agriculture Code,

1-21     is amended to read as follows:

1-22           (a)  A person may not purchase or use a restricted-use or

1-23     state-limited-use pesticide unless the person is:

1-24                 (1)  licensed as a commercial applicator, noncommercial

 2-1     applicator, or private applicator and authorized by the license to

 2-2     use the restricted-use or state-limited-use pesticide in the

 2-3     license use categories covering the proposed pesticide use;

 2-4                 (2)  an individual acting under the direct supervision

 2-5     of a licensed applicator; [or]

 2-6                 (3)  a certified private applicator as defined in

 2-7     Section 76.112(j) of this code; or

 2-8                 (4)  licensed to practice veterinary medicine by the

 2-9     State Board of Veterinary Medical Examiners.

2-10           SECTION 3.  Subchapter E, Chapter 76, Agriculture Code, is

2-11     amended by adding Section 76.118 to read as follows:

2-12           Sec. 76.118.  EXEMPTION FOR LICENSED VETERINARIANS.  The

2-13     other provisions of this chapter notwithstanding, a person who is

2-14     licensed to practice veterinary medicine by the State Board of

2-15     Veterinary Medical Examiners and who is only using a restricted-use

2-16     or state-limited-use pesticide or a regulated herbicide as drugs or

2-17     medication during the course of the veterinarian's normal practice

2-18     shall not be required to obtain a license under this chapter to

2-19     purchase or use restricted-use or state-limited-use pesticides or a

2-20     regulated herbicide.

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

2-22           SECTION 5.  The importance of this legislation and the

2-23     crowded condition of the calendars in both houses create an

2-24     emergency and an imperative public necessity that the

2-25     constitutional rule requiring bills to be read on three several

2-26     days in each house be suspended, and this rule is hereby suspended.