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A BILL TO BE ENTITLED
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AN ACT
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relating to a waiver authorizing the application of pesticides for |
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mosquito control by certain municipal or county employees in an |
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emergency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 76, Agriculture Code, is |
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amended by adding Section 76.120 to read as follows: |
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Sec. 76.120. EMERGENCY MOSQUITO CONTROL BY CERTAIN |
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MUNICIPAL OR COUNTY EMPLOYEES. (a) A municipal or county health |
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department may apply for a waiver from the department authorizing |
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the application of pesticides for mosquito control in the manner |
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provided by this section if: |
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(1) the municipality or county is in a state of |
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disaster as declared by the governor under Chapter 418, Government |
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Code; or |
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(2) the municipal or county health department |
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determines that immediate action is needed to control the threat of |
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mosquito-borne disease. |
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(b) On application by a municipal or county health |
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department, the department may grant a waiver authorizing |
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unlicensed employees of the municipality or county to apply |
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pesticides for mosquito control under the direct supervision of a |
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licensed applicator employed by the municipality or county, a |
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nearby political subdivision, this state, or the federal |
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government. |
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(c) An unlicensed employee of the municipality or county may |
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apply pesticides as authorized by a waiver if the unlicensed |
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employee and the licensed applicator supervising the employee |
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execute an affidavit promulgated by the department describing the |
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supervision arrangement and return the affidavit to the department. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |