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


Senate Research Center   S.B. 759
78R4044 AKH-FBy: Brimer
Intergovernmental Relations
3/11/2003
As Filed


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.  As proposed, S.B.
759 would exempt 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) and (i), as follows: 

(h)  Provides that this section does not prohibit an employee of a
political subdivision who does not hold a commercial or noncommericial
applicator license from applying a general use pesticide in an incidental
use situation. 

(i)  Defines "incidental use situation" as having the same meaning
assigned by Section 1951.303, Occupations Code (Certified Noncommercial
Applicator's License)   

SECTION 2.  Amends Section 1951.053, Occupations Code, by amending
Subsection (a) and adding Subsection (c), as follows: 

(a)  Provides that except as provided by Sections 1951.212 and
1951.457(c), this chapter does not apply to an employee of a political
subdivision who applies a general use pesticide in an incidental use
situation. 

(c)  Defines "incidental use situation" with the same meaning assigned by
Section 1951.303, Occupations Code (Certified Noncommercial Applicator's
License)   
  
SECTION 3.  Effective date:  upon passage or September 1, 2003.