By Haywood                                             S.R. No. 769

         75R15538 SKB-D                           

                                 R E S O L U T I O N

 1-1           BE IT RESOLVED by the Senate of the State of Texas, 75th

 1-2     Legislature, Regular Session, 1997, That Senate Rule 12.03 be

 1-3     suspended in part as provided by Senate Rule 12.08, to enable the

 1-4     conference committee appointed to resolve the differences on Senate

 1-5     Bill No. 1590 to consider and take action on the following specific

 1-6     matters:

 1-7           1.  Senate Rule 12.03(2) is suspended to permit the committee

 1-8     to amend Section 2 of the bill to read as follows:

 1-9           SECTION 2.  Subsection (a), Section 76.105, Agriculture Code,

1-10     is amended to read as follows:

1-11           (a)  A person may not purchase or use a restricted-use or

1-12     state-limited-use pesticide unless the person is:

1-13                 (1)  licensed as a commercial applicator, noncommercial

1-14     applicator, or private applicator and authorized by the license to

1-15     use the restricted-use or state-limited-use pesticide in the

1-16     license use categories covering the proposed pesticide use;

1-17                 (2)  an individual acting under the direct supervision

1-18     of a licensed applicator; or

1-19                 (3)  a certified private applicator as defined in

1-20     Section 76.112(j) of this code.

1-21           Explanation:  This amendment is necessary to omit text that

1-22     was in conflict with the exemption provided by Section 76.118,

1-23     Agriculture Code, as added by the bill.

1-24           2.  Senate Rule 12.03(3) is suspended to permit the committee

 2-1     to amend Section 3 of the bill to read as follows:

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

 2-3     amended by adding Section 76.118 to read as follows:

 2-4           Sec. 76.118.  EXEMPTION FOR LICENSED VETERINARIANS.  The

 2-5     other provisions of this chapter notwithstanding, a person who is

 2-6     licensed to practice veterinary medicine by the State Board of

 2-7     Veterinary Medical Examiners and who is only using a restricted-use

 2-8     or state-limited-use pesticide or a regulated herbicide as a drug

 2-9     or medication during the course of the veterinarian's normal

2-10     practice or as a private applicator shall not be required to obtain

2-11     a license under this chapter to purchase or use restricted-use or

2-12     state-limited-use pesticides or a regulated herbicide.

2-13           Explanation:  This addition is necessary to correct an

2-14     unintentional omission.