By: Brimer S.B. No. 759
(In the Senate - Filed February 28, 2003; March 5, 2003,
read first time and referred to Committee on Intergovernmental
Relations; March 20, 2003, reported favorably by the following
vote: Yeas 5, Nays 0; March 20, 2003, sent to printer.)
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 immediately 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 immediate effect, this
Act takes effect September 1, 2003.
* * * * *