By Naishtat H.B. No. 1378

76R5315 BDH-F

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

1-12 Agriculture.

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

2-5 dealers;

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

    1. farm workers to pesticides.

    2. (d) In carrying out this section the commission and department shall:
    3. (1) evaluate the likelihood that future efforts of the National Agricultural Statistics service will provide data on agricultural pesticide use appropriate for purposes of this section;
    4. (2) not make any recommendations that would require duplication of effort by regulated pesticide users; and
    5. (3) not make any recommendations for regarding fees of users or applicators of pesticides or pesticide sales for purposes of funding a state pesticide use information system.

 

 

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 producers manufacturers, pesticide distributors and retailers, structural pest

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 An

3-4 advisory committee established under this subsection is subject to

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.