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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of health-related pest |
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control by the Department of Agriculture. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 76.102, Agriculture Code, is amended to |
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read as follows: |
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Sec. 76.102. AGENCIES RESPONSIBLE FOR LICENSING PESTICIDE |
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APPLICATORS. [(a)] The department shall license pesticide |
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applicators involved in the following license use categories: |
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(1) agricultural pest control, including animal pest |
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control; |
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(2) forest pest control; |
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(3) ornamental and turf pest control, except as |
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provided by Chapter 1951, Occupations Code; |
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(4) seed treatments; |
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(5) right-of-way pest control; |
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(6) regulatory pest control; |
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(7) aquatic pest control; |
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(8) demonstration pest control; [and] |
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(9) health-related pest control; and |
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(10) other license use categories as necessary to |
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comply with federal requirements. The department may not adopt |
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license use categories that are designated by statute for |
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regulation by another agency. |
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[(b)
The Texas Department of Health shall license pesticide
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applicators involved in the license use category of health-related
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pest control.] |
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SECTION 2. (a) A health-related pest control license issued |
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by the Department of State Health Services that is in effect on the |
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effective date of this Act remains valid for the period for which it |
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was issued unless suspended or revoked by the Department of |
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Agriculture or the commissioner of agriculture, as applicable. When |
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the license expires, it is subject to renewal under Subchapter E, |
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Chapter 76, Agriculture Code, as amended by this Act. |
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(b) The Department of Agriculture shall continue a |
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complaint, investigation, contested case, or other proceeding |
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involving health-related pest control that was brought before the |
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effective date of this Act in accordance with the law in effect on |
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the date the proceeding was brought, and the former law is continued |
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in effect for that purpose. |
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SECTION 3. (a) All powers, duties, obligations, and rights |
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of action of the Department of State Health Services related to |
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health-related pest control are transferred to the Department of |
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Agriculture on the effective date of this Act. |
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(b) A rule adopted by the Health and Human Services |
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Commission in connection with or relating to health-related pest |
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control continues in effect until it is amended or repealed by the |
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commissioner of agriculture or the Department of Agriculture, as |
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applicable. |
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SECTION 4. This Act takes effect September 1, 2009. |