HBA-NMO H.B. 1378 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1378 By: Naishtat Natural Resources 4/5/1999 Introduced BACKGROUND AND PURPOSE Currently, the lack of information about non-agricultural and agricultural pesticide use in Texas may impair the ability of state agencies to protect drinking water from pesticide contamination. H.B. 1378 requires the Texas Natural Resource Conservation Commission and Texas Department of Agriculture, in consultation with outside stakeholders, to review and evaluate the efforts and resources necessary to establish and administer an information system relating to the use of pesticides that may affect sources of drinking water in this state. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. DEFINITIONS. Defines "pesticide." Defines "commission" as the Texas Natural Resource Conservation Commission and "department" as the Texas Department of Agriculture. SECTION 2. STUDY AND REPORT ON PESTICIDE USE INFORMATION SYSTEM. (a) Requires the commission and department to jointly review and evaluate the efforts and resources that would be necessary to establish, collect information for, and administer an information system relating to the use of pesticides that may affect actual and potential sources of drinking water. Authorizes the commission and department to consider the impact of a pesticide use information system on the implementation of certain state and federal water quality programs. Requires the commission and department, in the review and evaluation, to examine the measures that would be necessary to obtain any relevant pesticide use information from pesticide applicators and dealers; the most effective methods of protecting privacy interests of a person who applies pesticides on the person's private property; the estimated cost of implementing a pesticide use information system; and the potential sources of funding for a pesticide use information system. (b) Requires the commission and department to jointly report their findings to the governor, lieutenant governor, and speaker of the house of representatives not later than September 1, 2000. (c) Prohibits the commission and department from recommending a pesticide use information system for the purpose of collecting data related to any labor issue, including the potential exposure of farm workers to pesticides. SECTION 3. ASSISTANCE IN CONDUCTING STUDY. (a) Requires the commission and department, for the purpose of obtaining information or recommendations from interested persons, to consult with representatives of agriculture producers, pesticide producers, structural pest control applicators, water supply systems, consumer organizations, environmental organizations, health care providers, agricultural researchers, and the Texas Sunset Commission. (b) Authorizes the commission and department to establish an advisory committee to assist in the review and evaluation and to obtain information or recommendations from interested persons. Provides that the committee is subject to Chapter 2110 (State Agency Advisory Committees), Government Code. (c) Authorizes the commission and the department to consult and contract with other state and federal agencies and with the Texas Agricultural Statistics Service to carry out this Act. SECTION 4. FUNDING FOR THIS STUDY. Authorizes the commission and department to use money appropriated for water quality protection and pesticide regulation, money appropriated for the purposes of this Act, and gifts, grants, and donations of in-kind services to carry out this Act. SECTION 5. EXPIRATION. Provides that this Act expires on January 1, 2001. SECTION 6.Emergency clause. Effective date: upon passage.