C.S.S.B. 759 78(R)    BILL ANALYSIS


C.S.S.B. 759
By: Brimer
Agriculture & Livestock
Committee Report (Substituted)



BACKGROUND 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.  C.S.S.B. 759 allows political subdivisions to limit
hours of training for an employee conducting larval mosquito control on
property owned or controlled by the subdivision using biological
pesticides approved for general use by the Texas Department of Health. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

C.S.S.B. 759 amends both the Agriculture Code and the Occupations Code to
allow a political subdivision to reduce the number of hours of training
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 that are adequate to ensure the safe and
effective use of the pesticides.  

EFFECTIVE DATE

June 1, 2003, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

The original  senate version exempted an employee of a political
subdivision who does not hold a commercial or noncommercial applicator
license from training to apply a general use pesticide in an incidental
use situation.  The substitute allows a political subdivision to reduce
the number of hours of training, provided the employee is given
instructions that are adequate to ensure the safe and effective use of the
pesticides.