HBA-MAJ H.B. 131 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 131
By: McClendon
Agriculture & Livestock
2/5/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, there is no federal or state law requiring that toxic heavy
metals, chemicals, and radioactive wastes be listed as ingredients in
fertilizers.  H.B. 131 authorizes the Texas Feed and Fertilizer Control
Service (service) to prescribe on the label of each container of commercial
fertilizer distributed in this state the fertilizer's inclusion of toxic
heavy metals, toxic chemicals, and radioactive and industrial wastes.  This
bill also authorizes the service to prohibit the inclusion of such material
in commercial fertilizers distributed in this state if necessary to protect
crops, livestock, or public health. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority previously delegated to Texas Feed and Fertilizer Control Service
is modified in SECTION 1 (Section 63.004, Agriculture Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 63.004, Agriculture Code, as follows:

(a)  Created from existing text and makes a nonsubstantive change.

(b)  Requires the Texas Feed and Fertilizer Control Service (service) to
adopt rules relating to the inclusion of toxic heavy metals, toxic
chemicals, and radioactive and industrial wastes in commercial fertilizers
distributed in this state.  Authorizes the service to prohibit the
inclusion of such materials in commercial fertilizers distributed in this
state if necessary to protect crops, livestock, or public health.   

SECTION 2.  Amends Section 63.051(a), Agriculture Code, to authorize the
service, by rule, to prescribe additional information to list on the label
of each container of commercial fertilizer distributed in this state,
including, if applicable, the fertilizer's inclusion of toxic heavy metals,
toxic chemicals, or radioactive or industrial wastes. 

SECTION 3.  Requires the service to adopt the rules required by Section
63.004(b), Agriculture Code, as added by this Act, no later than January 1,
2000.  Makes application of this Act prospective. 

SECTION 4.  Emergency clause.
            Effective date: upon passage.