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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of commercial fertilizer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 63, Agriculture Code, is |
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amended by adding Section 63.007 to read as follows: |
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Sec. 63.007. EFFECT ON OTHER LAW. This chapter preempts and |
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supersedes any ordinance, order, or rule adopted by a political |
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subdivision of this state relating to the regulation, registration, |
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packaging, labeling, sale, distribution, use, or application of |
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commercial fertilizer. |
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SECTION 2. Sections 63.152(a) and (b), Agriculture Code, |
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are amended to read as follows: |
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(a) A person may not produce, store, transfer, offer for |
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sale, or sell ammonium nitrate or ammonium nitrate material unless |
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the person holds a certificate of registration issued by the |
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service under this subchapter. |
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(b) An application for a registration submitted by an |
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applicant who owns an ammonium nitrate facility must be: |
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(1) submitted on a form prescribed by the service that |
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includes: |
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(A) the name, address, and telephone number of |
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each ammonium nitrate facility owned by the applicant; and |
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(B) the name of the person designated by the |
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applicant as the point of contact for each facility owned by the |
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applicant; and |
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(2) accompanied by a fee in an amount sufficient to |
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cover the service's costs to administer this subchapter. |
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SECTION 3. The changes in law made by Sections 63.152(a) and |
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(b), Agriculture Code, as amended by this Act, apply only to an |
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application for a certificate of registration that is filed on or |
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after the effective date of this Act. An application that was |
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submitted before the effective date of this Act is subject to the |
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law in effect on the date the application was submitted, and that |
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law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |