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.