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.