By: Haywood S.B. No. 1590
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the use and distribution of a regulated herbicide and
1-2 certain pesticides.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 76.071, Agriculture Code, is amended by
1-5 amending Subsection (a) and adding Subsection (d) to read as
1-6 follows:
1-7 (a) A person may not distribute in this state a
1-8 restricted-use or state-limited-use pesticide or a regulated
1-9 herbicide without a valid current pesticide dealer license issued
1-10 by the department.
1-11 (d) Nothing in this subchapter shall be construed to
1-12 prohibit a pesticide dealer from distributing a restricted-use or
1-13 state-limited-use pesticide or a regulated herbicide to a person
1-14 who is licensed to practice veterinary medicine by the State Board
1-15 of Veterinary Medical Examiners and who only uses a restricted-use
1-16 or state-limited-use pesticide or a regulated herbicide as a drug
1-17 or medication during the course of the veterinarian's normal
1-18 practice.
1-19 SECTION 2. Subsection (a), Section 76.105, Agriculture Code,
1-20 is amended to read as follows:
1-21 (a) A person may not purchase or use a restricted-use or
1-22 state-limited-use pesticide unless the person is:
1-23 (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 a drug
2-17 or medication during the course of the veterinarian's normal
2-18 practice shall not be required to obtain a license under this
2-19 chapter to purchase or use restricted-use or state-limited-use
2-20 pesticides or a 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
3-1 days in each house be suspended, and this rule is hereby suspended.
3-2 COMMITTEE AMENDMENT NO. 1
3-3 Amend S.B. 1590 as follows: On page 1, beginning on line 15,
3-4 strike the text between "Examiners" and the ".".
3-5 Turner of Coleman