By Naishtat                                           H.B. No. 1378
         76R5315 BDH-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a study and report on the development of an information
 1-3     system relating to the use of certain pesticides that may affect
 1-4     sources of drinking water.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  DEFINITIONS. In this Act:
 1-7                 (1)  "Pesticide" has the meaning assigned by Section
 1-8     76.001, Agriculture Code.
 1-9                 (2)  "Commission" means the Texas Natural Resource
1-10     Conservation Commission.
1-11                 (3)  "Department" means the Texas Department of
1-12     Agriculture.
1-13           SECTION 2.  STUDY AND REPORT ON PESTICIDE USE INFORMATION
1-14     SYSTEM.  (a)  The commission and department shall jointly review
1-15     and evaluate the efforts and resources that would be necessary to
1-16     establish, collect information   for, and administer an information
1-17     system relating to the use of pesticides that may affect actual and
1-18     potential sources of drinking water.  The commission and department
1-19     may also consider the impact of a pesticide use information system
1-20     on the implementation of state and federal water quality programs,
1-21     including the Texas Clean Rivers Act (Chapter 294, Acts of the 72nd
1-22     Legislature, Regular Session, 1991), the Federal Insecticide,
1-23     Fungicide, and Rodenticide Act (7 U.S.C. Section 136 et seq.), the
1-24     Food Quality Protection Act of 1996 (Pub. L.  No. 104-170), and the
 2-1     Clean Water Act of 1977 (33 U.S.C. Section 1251 et seq.).  In the
 2-2     review and evaluation, the commission and department shall examine:
 2-3                 (1)  the measures that would be necessary to obtain any
 2-4     relevant pesticide use information from pesticide applicators and
 2-5     dealers;
 2-6                 (2)  the most effective methods of protecting the
 2-7     privacy interests of a person who  applies pesticides on the
 2-8     person's private property;
 2-9                 (3)  the estimated cost of implementing a pesticide use
2-10     information system; and
2-11                 (4)  potential sources of funding for a pesticide use
2-12     information system.
2-13           (b)  The commission and department shall jointly report their
2-14     findings to the governor, lieutenant governor, and speaker of the
2-15     house of representatives not later than September 1, 2000.
2-16           (c)  The commission and department may not recommend a
2-17     pesticide use information system for the purpose of collecting data
2-18     related to any labor issue, including the potential exposure of
2-19     farm workers to pesticides.
2-20           SECTION 3.  ASSISTANCE IN CONDUCTING STUDY.  (a)  To assist
2-21     in the review and evaluation under this Act and to obtain
2-22     information or recommendations from interested persons, the
2-23     commission and department shall consult with representatives of
2-24     agricultural producers, pesticide producers, structural pest
2-25     control applicators, water supply systems, consumer organizations,
2-26     environmental organizations, health care providers, agricultural
2-27     researchers, and the Texas Sunset Commission.
 3-1           (b)  The commission and department may establish an advisory
 3-2     committee to assist in the review and evaluation and to obtain
 3-3     information or recommendations from interested persons.  An
 3-4     advisory committee established under this subsection is subject to
 3-5     Chapter 2110, Government Code.
 3-6           (c)  The commission and department may consult and contract
 3-7     with other state and federal agencies and with the Texas
 3-8     Agricultural Statistics Service to carry out this Act.
 3-9           SECTION 4.  FUNDING FOR STUDY.  The commission and department
3-10     may use money appropriated for water quality protection and
3-11     pesticide regulation, money appropriated for purposes of this Act,
3-12     and gifts, grants, and donations of in-kind services to carry out
3-13     this Act.
3-14           SECTION 5.  EXPIRATION.  This Act expires January 1, 2001.
3-15           SECTION 6.  EMERGENCY.  The importance of this legislation
3-16     and the crowded condition of the calendars in both houses create an
3-17     emergency and an imperative public necessity that the
3-18     constitutional rule requiring bills to be read on three several
3-19     days in each house be suspended, and this rule is hereby suspended,
3-20     and that this Act take effect and be in force from and after its
3-21     passage, and it is so enacted.