1-1 By: Haywood S.B. No. 1590
1-2 (In the Senate - Filed March 14, 1997; March 24, 1997, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 2, 1997, reported favorably by the following vote: Yeas 10,
1-5 Nays 0; April 2, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the use and distribution of a regulated herbicide and
1-9 certain pesticides.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 76.071, Agriculture Code, is amended by
1-12 amending Subsection (a) and adding Subsection (d) to read as
1-13 follows:
1-14 (a) A person may not distribute in this state a
1-15 restricted-use or state-limited-use pesticide or a regulated
1-16 herbicide without a valid current pesticide dealer license issued
1-17 by the department.
1-18 (d) Nothing in this subchapter shall be construed to
1-19 prohibit a pesticide dealer from distributing a restricted-use or
1-20 state-limited-use pesticide or a regulated herbicide to a person
1-21 who is licensed to practice veterinary medicine by the State Board
1-22 of Veterinary Medical Examiners and who only uses a restricted-use
1-23 or state-limited-use pesticide or a regulated herbicide as a drug
1-24 or medication during the course of the veterinarian's normal
1-25 practice.
1-26 SECTION 2. Subsection (a), Section 76.105, Agriculture Code,
1-27 is amended to read as follows:
1-28 (a) A person may not purchase or use a restricted-use or
1-29 state-limited-use pesticide unless the person is:
1-30 (1) licensed as a commercial applicator, noncommercial
1-31 applicator, or private applicator and authorized by the license to
1-32 use the restricted-use or state-limited-use pesticide in the
1-33 license use categories covering the proposed pesticide use;
1-34 (2) an individual acting under the direct supervision
1-35 of a licensed applicator; [or]
1-36 (3) a certified private applicator as defined in
1-37 Section 76.112(j) of this code; or
1-38 (4) licensed to practice veterinary medicine by the
1-39 State Board of Veterinary Medical Examiners.
1-40 SECTION 3. Subchapter E, Chapter 76, Agriculture Code, is
1-41 amended by adding Section 76.118 to read as follows:
1-42 Sec. 76.118. EXEMPTION FOR LICENSED VETERINARIANS. The
1-43 other provisions of this chapter notwithstanding, a person who is
1-44 licensed to practice veterinary medicine by the State Board of
1-45 Veterinary Medical Examiners and who is only using a restricted-use
1-46 or state-limited-use pesticide or a regulated herbicide as a drug
1-47 or medication during the course of the veterinarian's normal
1-48 practice shall not be required to obtain a license under this
1-49 chapter to purchase or use restricted-use or state-limited-use
1-50 pesticides or a regulated herbicide.
1-51 SECTION 4. This Act takes effect September 1, 1997.
1-52 SECTION 5. The importance of this legislation and the
1-53 crowded condition of the calendars in both houses create an
1-54 emergency and an imperative public necessity that the
1-55 constitutional rule requiring bills to be read on three several
1-56 days in each house be suspended, and this rule is hereby suspended.
1-57 * * * * *