1-1 By: Turner of Coleman (Senate Sponsor - Madla) H.B. No. 431
1-2 (In the Senate - Received from the House March 24, 1999;
1-3 March 25, 1999, read first time and referred to Committee on
1-4 Natural Resources; April 23, 1999, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 7, Nays
1-6 0; April 23, 1999, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 431 By: Armbrister
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the determination of the amount of proof of financial
1-11 responsibility for the application of certain pesticides.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 76.111(a), Agriculture Code, is amended
1-14 to read as follows:
1-15 (a) In this section:
1-16 (1) "Applicator ["applicator] business" means a person
1-17 who applies a state-limited-use or restricted-use pesticide or
1-18 regulated herbicide to the land of another for compensation and
1-19 who:
1-20 (A) [(1)] is a licensed commercial applicator;
1-21 or
1-22 (B) [(2)] employs at least one licensed
1-23 commercial applicator.
1-24 (2) "M-44 device" means a nonexplosive,
1-25 spring-operated mechanical device designed to deliver a capsule of
1-26 sodium cyanide into the mouth of the target animal as a method of
1-27 livestock predation control.
1-28 SECTION 2. Section 76.111(e), Agriculture Code, is amended
1-29 to read as follows:
1-30 (e) Except as otherwise provided by this section, the amount
1-31 of the proof of financial responsibility may not be less than
1-32 $100,000 for each occurrence for property damage and may not be
1-33 less than $100,000 for each occurrence for bodily injury or a
1-34 general aggregate at a minimum of $200,000 for each occurrence.
1-35 The head of a regulatory agency by rule may require different
1-36 amounts of coverage for different classifications of operations
1-37 under this chapter. Each commercial M-44 applicator license
1-38 applicant must provide proof of financial responsibility acceptable
1-39 to the department for bodily injury and property damage coverage
1-40 insuring the applicator against liability for damage to persons or
1-41 property occurring as a result of operations performed in the
1-42 course of the application to premises or any other property under
1-43 the applicator's care, custody, or control. The department will
1-44 strive to set minimum acceptable coverage at an amount that is
1-45 economically feasible to applicants. The coverage must at all
1-46 times be maintained at not less than the amount set by the agency
1-47 head or the Texas Department of Insurance.
1-48 SECTION 3. (a) This Act takes effect September 1, 1999.
1-49 (b) The commissioner of agriculture shall establish the
1-50 amount of proof of financial responsibility for applicator
1-51 businesses that primarily use M-44 devices, as required by Section
1-52 76.111(e), Agriculture Code, as amended by this Act, not later than
1-53 January 1, 2000.
1-54 SECTION 4. The importance of this legislation and the
1-55 crowded condition of the calendars in both houses create an
1-56 emergency and an imperative public necessity that the
1-57 constitutional rule requiring bills to be read on three several
1-58 days in each house be suspended, and this rule is hereby suspended.
1-59 * * * * *