| � |
| � |
| � |
|
�
|
AN ACT
|
|
�
|
relating to the licensing and regulation of health-related pest |
|
�
|
control by the Department of Agriculture. |
|
�
|
�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
�
|
�������SECTION�1.��Section 76.102, Agriculture Code, is amended to |
|
�
|
read as follows: |
|
�
|
�������Sec.�76.102.��AGENCIES RESPONSIBLE FOR LICENSING PESTICIDE |
|
�
|
APPLICATORS. [(a)]��The department shall license pesticide |
|
�
|
applicators involved in the following license use categories: |
|
�
|
�������������(1)��agricultural pest control, including animal pest |
|
�
|
control; |
|
�
|
�������������(2)��forest pest control; |
|
�
|
�������������(3)��ornamental and turf pest control, except as |
|
�
|
provided by Chapter 1951, Occupations Code; |
|
�
|
�������������(4)��seed treatments; |
|
�
|
�������������(5)��right-of-way pest control; |
|
�
|
�������������(6)��regulatory pest control; |
|
�
|
�������������(7)��aquatic pest control; |
|
�
|
�������������(8)��demonstration pest control; [and] |
|
�
|
�������������(9)��health-related pest control; and |
|
�
|
�������������(10)��other license use categories as necessary to |
|
�
|
comply with federal requirements. The department may not adopt |
|
�
|
license use categories that are designated by statute for |
|
�
|
regulation by another agency. |
|
�
|
�������[(b)
�
�
The Texas Department of Health shall license pesticide
|
|
�
|
applicators involved in the license use category of health-related
|
|
�
|
pest control.] |
|
�
|
�������SECTION�2.��(a) A health-related pest control license issued |
|
�
|
by the Department of State Health Services that is in effect on the |
|
�
|
effective date of this Act remains valid for the period for which it |
|
�
|
was issued unless suspended or revoked by the Department of |
|
�
|
Agriculture or the commissioner of agriculture, as applicable. When |
|
�
|
the license expires, it is subject to renewal under Subchapter E, |
|
�
|
Chapter 76, Agriculture Code, as amended by this Act. |
|
�
|
�������(b)��The Department of Agriculture shall continue a |
|
�
|
complaint, investigation, contested case, or other proceeding |
|
�
|
involving health-related pest control that was brought before the |
|
�
|
effective date of this Act in accordance with the law in effect on |
|
�
|
the date the proceeding was brought, and the former law is continued |
|
�
|
in effect for that purpose. |
|
�
|
�������SECTION�3.��(a) All powers, duties, obligations, and rights |
|
�
|
of action of the Department of State Health Services related to |
|
�
|
health-related pest control are transferred to the Department of |
|
�
|
Agriculture on the effective date of this Act. |
|
�
|
�������(b)��A rule adopted by the Health and Human Services |
|
�
|
Commission in connection with or relating to health-related pest |
|
�
|
control continues in effect until it is amended or repealed by the |
|
�
|
commissioner of agriculture or the Department of Agriculture, as |
|
�
|
applicable. |
|
�
|
�������SECTION�4.��This Act takes effect September 1, 2009. |
| � |
| � |
| � |
______________________________ |
______________________________ |
| � |
���President of the Senate |
Speaker of the House����� |
| � |
| � |
|
�
|
�������I certify that H.B. No. 1530 was passed by the House on April |
|
�
|
9, 2009, by the following vote:��Yeas 148, Nays 0, 1 present, not |
|
�
|
voting. |
|
�
|
|
|
�
|
______________________________ |
|
�
|
Chief Clerk of the House��� |
| � |
| � |
|
�
|
�������I certify that H.B. No. 1530 was passed by the Senate on May |
|
�
|
21, 2009, by the following vote:��Yeas 31, Nays 0. |
|
�
|
|
|
�
|
______________________________ |
|
�
|
Secretary of the Senate���� |
|
�
|
APPROVED:��_____________________ |
|
�
|
�������������������Date���������� |
|
�
|
� |
|
�
|
����������_____________________ |
|
�
|
�����������������Governor������� |