By: Hegar  S.B. No. 1309
         (In the Senate - Filed March 3, 2009; March 17, 2009, read
  first time and referred to Committee on Agriculture and Rural
  Affairs; April 20, 2009, reported favorably by the following vote:  
  Yeas 5, Nays 0; April 20, 2009, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the regulation of commercial fertilizer.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 63, Agriculture Code, is
  amended by adding Section 63.007 to read as follows:
         Sec. 63.007.  EFFECT ON OTHER LAW. This chapter preempts and
  supersedes any ordinance, order, or rule adopted by a political
  subdivision of this state relating to the regulation, registration,
  packaging, labeling, sale, distribution, use, or application of
  commercial fertilizer.
         SECTION 2.  Subsections (a) and (b), Section 63.152,
  Agriculture Code, are amended to read as follows:
         (a)  A person may not produce, store, transfer, offer for
  sale, or sell ammonium nitrate or ammonium nitrate material unless
  the person holds a certificate of registration issued by the
  service under this subchapter.
         (b)  An application for a registration submitted by an
  applicant who owns an ammonium nitrate facility must be:
               (1)  submitted on a form prescribed by the service that
  includes:
                     (A)  the name, address, and telephone number of
  each ammonium nitrate facility owned by the applicant; and
                     (B)  the name of the person designated by the
  applicant as the point of contact for each facility owned by the
  applicant; and
               (2)  accompanied by a fee in an amount sufficient to
  cover the service's costs to administer this subchapter.
         SECTION 3.  The changes in law made by Subsections (a) and
  (b), Section 63.152, Agriculture Code, as amended by this Act,
  apply only to an application for a certificate of registration that
  is filed on or after the effective date of this Act.  An application
  that was submitted before the effective date of this Act is subject
  to the law in effect on the date the application was submitted, and
  that law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2009.
 
  * * * * *