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.
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