By Naishtat H.B. No. 1378
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a study and report on the development of an information
1-3 system relating to the use of certain pesticides that may affect
1-4 sources of drinking water.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. DEFINITIONS. In this Act:
1-7 (1) "Pesticide" has the meaning assigned by Section
1-8 76.001, Agriculture Code.
1-9 (2) "Commission" means the Texas Natural Resource
1-10 Conservation Commission.
1-11 (3) "Department" means the Texas Department of
1-13 SECTION 2. STUDY AND REPORT ON PESTICIDE USE INFORMATION
1-14 SYSTEM. (a) The commission and department shall jointly review
1-15 and evaluate the efforts and resources that would be necessary to
1-16 establish, collect information for, and administer an information
1-17 system relating to the use of pesticides that may affect actual and
1-18 potential sources of drinking water. The commission and department
1-19 may also consider the impact of a pesticide use information system
1-20 on the implementation of state and federal water quality programs,
1-21 including the Texas Clean Rivers Act (Chapter 294, Acts of the 72nd
1-22 Legislature, Regular Session, 1991), the Federal Insecticide,
1-23 Fungicide, and Rodenticide Act (7 U.S.C. Section 136 et seq.), the
1-24 Food Quality Protection Act of 1996 (Pub. L. No. 104-170), and the
2-1 Clean Water Act of 1977 (33 U.S.C. Section 1251 et seq.). In the
2-2 review and evaluation, the commission and department shall examine:
2-3 (1) the measures that would be necessary to obtain any
2-4 relevant pesticide use information from pesticide applicators and
2-6 (2) the most effective methods of protecting the
2-7 privacy interests of a person who applies pesticides for agricultural purposes on the
2-8 person's private property;
2-9 (3) the estimated cost of implementing a pesticide use
2-10 information system; and
2-11 (4) potential sources of funding for a pesticide use
2-12 information system.
2-13 (b) The commission and department shall jointly report their
2-14 findings to the governor, lieutenant governor, and speaker of the
2-15 house of representatives not later than September 1, 2000.
2-16 (c) The commission and department may not recommend a
2-17 pesticide use information system for the purpose of collecting data
2-18 related to any labor issue, including the potential exposure of
2-20 SECTION 3. ASSISTANCE IN CONDUCTING STUDY. (a) To assist
2-21 in the review and evaluation under this Act and to obtain
2-22 information or recommendations from interested persons, the
2-23 commission and department shall consult with representatives of
2-24 agricultural producers, pesticide
manufacturers, pesticide distributors and retailers,
2-25 control applicators, water supply systems, consumer organizations,
2-26 environmental organizations, health care providers, agricultural
2-27 researchers, including but not limited to those at Texas A&M University Agricultural Extension Service and Agricultural Experiment Station, the Structural Pest Control Board and the Texas Sunset Commission.
3-1 (b) The commission and department may establish an advisory
3-2 committee to assist in the review and evaluation and to obtain
3-3 information or recommendations from interested persons. Notwithstanding
Chapter 2110, Government Code, an
3-4 advisory committee established under this subsection
3-5 Chapter 2110, Government Code. must include appropriate representation of the interests identified in Section 3(a) of this Act.
3-6 (c) The commission and department may consult and contract
3-7 with other state and federal agencies and with the Texas
3-8 Agricultural Statistics Service to carry out this Act.
3-9 SECTION 4. FUNDING FOR STUDY. The commission and department
3-10 may use money appropriated for water quality protection and
3-11 pesticide regulation, money appropriated for purposes of this Act,
3-12 and gifts, grants, and donations of in-kind services to carry out
3-13 this Act.
3-14 SECTION 5. EXPIRATION. This Act expires January 1, 2001.
3-15 SECTION 6. EMERGENCY. The importance of this legislation
3-16 and the crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended,
3-20 and that this Act take effect and be in force from and after its
3-21 passage, and it is so enacted.