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


Senate Research CenterC.S.H.B. 431
By: Turner, Bob (Madla)
Natural Resources
4/21/1999
Committee Report (Substituted)


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
requires each commercial M-44 applicator to provide proof of  financial
responsibility. 

PURPOSE

As proposed, C.S.H.B. 431 sets forth the definition of an "M-44 device" to
be used under the Agriculture Code for predator control, and requires each
commercial M-44 applicator to provide proof of financial responsibility. 

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 require each
commercial M-44 applicator license applicant to provide proof of financial
responsibility acceptable to the Department of Agriculture (department) for
bodily injury and property damage coverage insuring the applicator against
liability for damage to persons or property occurring as a result of
operations performed in the course of the application to premises or any
other property under the applicator's care, custody, or control.  Provides
that the department will strive to set minimum acceptable coverage at an
amount that is economically feasible to applicants. 

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.


SUMMARY OF COMMITTEE CHANGES

SECTION 2. 

Amends Section 76.111(e), Agriculture Code, to require each commercial M-44
applicator license applicant to provide proof of financial responsibility
acceptable to the Department  of Agriculture for bodily injury and property
damage coverage insuring the applicator against liability for damage to
persons or property occurring as a result of operations performed in the
course of the application to premises or any other property under the
applicator's care, custody, or control.  Provides that the department will
strive to set minimum acceptable coverage at an amount that is economically
feasible to applicants.  Deletes text authorizing 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.
Deletes text authorizing the commissioner to require proof of financial
responsibility for that business in an amount that is less than the amount
otherwise required if the commissioner determines that the amount otherwise
required by this subsection would make the application of the M-44 device
economically unfeasible.