By Turner of Coleman                                   H.B. No. 431
         76R695 DB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the determination of the amount of proof of financial
 1-3     responsibility for the application of certain pesticides.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 76.111(a), Agriculture Code, is amended
 1-6     to read as follows:
 1-7           (a)  In this section:
 1-8                 (1)  "Applicator ["applicator] business" means a person
 1-9     who applies a state-limited-use or restricted-use pesticide or
1-10     regulated  herbicide to the land of another for compensation and
1-11     who:
1-12                       (A) [(1)]  is a licensed commercial applicator;
1-13     or
1-14                       (B) [(2)]  employs at least one licensed
1-15     commercial applicator.
1-16                 (2)  "M-44 device" means a nonexplosive,
1-17     spring-operated mechanical device designed to deliver a capsule of
1-18     sodium cyanide into the mouth of  the target animal as a method of
1-19     livestock predation control.
1-20           SECTION 2.  Section 76.111(e), Agriculture Code, is amended
1-21     to read as follows:
1-22           (e)  Except as otherwise provided by this section, the amount
1-23     of the proof of financial responsibility may not be less than
1-24     $100,000 for each occurrence for property damage and may not be
 2-1     less than $100,000 for each occurrence for bodily injury or a
 2-2     general aggregate at a minimum of $200,000 for each occurrence.
 2-3     The head of a regulatory agency by rule may require different
 2-4     amounts of coverage for different classifications of operations
 2-5     under this chapter.  Only the commissioner may establish the amount
 2-6     of proof of financial responsibility for an applicator business
 2-7     that primarily uses the M-44 device, and the commissioner shall
 2-8     establish that amount annually.  The commissioner may require proof
 2-9     of financial responsibility for that business in an amount that is
2-10     less than the amount otherwise required by this subsection if the
2-11     commissioner determines that the amount otherwise required by this
2-12     subsection would make the application of the M-44 device
2-13     economically unfeasible.  The coverage must at all times be
2-14     maintained at not less than the amount set by the agency head or
2-15     the Texas Department of Insurance.
2-16           SECTION 3.  (a)  This Act takes effect September 1, 1999.
2-17           (b)  The commissioner of agriculture shall establish the
2-18     amount of proof of financial responsibility for applicator
2-19     businesses that primarily use M-44 devices, as required by Section
2-20     76.111(e), Agriculture Code, as amended by this Act, not later than
2-21     January 1, 2000.
2-22           SECTION 4.  The importance of this legislation and the
2-23     crowded condition of the calendars in both houses create an
2-24     emergency and an imperative public necessity that the
2-25     constitutional rule requiring bills to be read on three several
2-26     days in each house be suspended, and this rule is hereby suspended.