SRC-VRA S.B. 759 78(R)BILL ANALYSIS


Senate Research CenterS.B. 759
By: Brimer
Intergovernmental Relations
6/26/2003
Enrolled


DIGEST AND PURPOSE 

Currently, pest control measures on a county right of way may not be
performed by county personnel unless they hold, or are under the direct
supervision of a person who holds, a commercial or noncommercial
applicator license from the Department of Agriculture.  S.B. 759 exempts
employees of political subdivisions from the commercial or noncommercial
applicator license when engaged in the general use of pesticide in an
incidental use situation. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 76.109, Agriculture Code, by adding Subsections
(h) to require that 
neither this section nor any other law prohibit a political subdivision
from reducing the number of hours of training or other requirements for an
employee conducting larval mosquito control on property owned or
controlled by the political subdivision using biological pesticides
approved for general use by the Texas Department of Health, provided the
employee is given instructions adequate to ensure the safe and effective
use of such pesticides. 

SECTION 2.  Amends Section 1951.053, Occupations Code, by adding
Subsection (c) to require that neither this section nor any other law
prohibit a political subdivision from reducing the number of hours of
training or other requirements for an employee conducting larval mosquito
control on property owned or controlled by the political subdivision using
biological pesticides approved for general use by the Texas Department of
Health, provided the employee is given instructions adequate to ensure the
safe and effective use of such pesticides. 

SECTION 3.  Effective date:  June 1, 2003 or September 1, 2003.