By:  Brimer                                                       S.B. No. 759


A BILL TO BE ENTITLED

AN ACT

relating to certain pesticide application by persons engaged in 
pest control work for a political subdivision.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 76.109, Agriculture Code, is amended by 
adding Subsections (h) and (i) to read as follows:
	(h)  This section does not prohibit an employee of a 
political subdivision who does not hold a commercial or 
noncommercial applicator license from applying a general use 
pesticide in an incidental use situation.
	(i)  In this section, "incidental use situation" has the 
meaning assigned by Section 1951.303, Occupations Code.
	SECTION 2.  Section 1951.053, Occupations Code, is amended 
by amending Subsection (a) and adding Subsection (c) to read as 
follows:
	(a)  Except as provided by Sections 1951.212 and 
1951.457(c), this chapter does not apply to:
		(1)  a person who performs pest control work on growing 
plants, trees, shrubs, grass, or other horticultural plants if the 
person:
			(A)  holds a florist or nursery registration 
certificate from the Department of Agriculture under Section 
71.043, Agriculture Code, other than a registration certificate 
that permits the sale, lease, or distribution of nursery products 
or floral items only at a temporary market; and
			(B)  holds a commercial or noncommercial 
applicator license from the Department of Agriculture that covers 
the pest control work; [or]
		(2)  a person who performs pest control work on growing 
plants, trees, shrubs, grass, or other horticultural plants or 
rights-of-way if the person:
			(A)  is employed by a political subdivision or a 
cemetery;                 
			(B)  is engaged in pest control work or vegetation 
management for the political subdivision or cemetery;
			(C)  holds a commercial or noncommercial 
applicator license from the Department of Agriculture that covers 
pest control work or is under the direct supervision of a person who 
holds a commercial or noncommercial applicator license from the 
Department of Agriculture that covers pest control work; and
			(D)  complies with annual continuing education 
required by the Department of Agriculture; or
		(3)  an employee of a political subdivision who applies 
a general use pesticide in an incidental use situation.
	(c)  In this section, "incidental use situation" has the 
meaning assigned by Section 1951.303.
	SECTION 3.  This Act takes effect June 1, 2003, if it 
receives a vote of two-thirds of all the members elected to each 
house, as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary for effect on that 
date, this Act takes effect September 1, 2003.