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.

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