SRC-PNG H.B. 431 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 431
76R695 DB-DBy: Turner, Bob (Madla)
Agriculture
4/14/1999
Engrossed


DIGEST 

Under current law, a pesticide or herbicide applicator is required to
purchase financial responsibility insurance in order to use certain
pesticides or herbicides.  An "applicator business" is defined as a person
who applies a state-limited-use or restricted-use pesticide or regulated
herbicide to the land of another person for compensation and who is a
licensed commercial applicator or employs at least one licensed commercial
applicator.  This bill would set forth the definition of an "M-44 device"
to be used under the Agriculture Code for predator control, and would
authorize the commissioner of agriculture to set the amount of financial
responsibility required of M-44 applicators. 

PURPOSE

As proposed, H.B. 431 sets forth the definition of an "M-44 device" to be
used under the Agriculture Code for predator control, and authorizes the
commissioner of agriculture to set the amount of financial responsibility
required of M-44 applicators. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 76.111(a), Agriculture Code, to define an "M-44
device" as a nonexplosive, spring-operated mechanical device designed to
deliver a capsule of sodium cyanide into the mouth of the target animal as
a method of livestock predation control.  Makes a nonsubstantive change.
Redesignates Subdivisions (1) and (2) to Paragraphs (A) and (B),
respectively.   

SECTION 2. Amends Section 76.111(e), Agriculture Code, to authorize the
commissioner of agriculture (commissioner) to establish the amount of proof
of financial responsibility for an applicator business that primarily uses
the M-44 device, and requires the commissioner to establish that amount
annually.  Authorizes the commissioner to require proof of financial
responsibility for that business in an amount that is less than the amount
otherwise required by this subsection if the commissioner determines that
the amount otherwise required by this subsection would make the application
of the M-44 device economically unfeasible. 

SECTION 3. (a) Effective date: September 1, 1999.

 (b) Requires the commissioner to determine financial proof amounts, as
required by  Section 76.111(e), Agriculture Code, no later than January 1,
2000. 

SECTION 4. Emergency clause.