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.