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