CHAPTER 76. PESTICIDE AND HERBICIDE REGULATION
AGRICULTURE CODE
TITLE 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL
PRODUCTS
SUBTITLE B. HORTICULTURAL DISEASES AND PESTS
CHAPTER 76. PESTICIDE AND HERBICIDE REGULATION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 76.001. DEFINITIONS. In this chapter:
(1) "Active ingredient" means:
(A) in the case of a pesticide other than a plant regulator,
defoliant, or desiccant, an ingredient that prevents, destroys,
repels, or mitigates a pest;
(B) in the case of a plant regulator, an ingredient that through
physiological action accelerates or retards the rate of growth or
rate of maturation or otherwise alters the behavior of an
ornamental or crop plant or the product of an ornamental or crop
plant;
(C) in the case of a defoliant, an ingredient that causes leaves
or foliage to drop from a plant; or
(D) in the case of a desiccant, an ingredient that artificially
accelerates the drying of plant tissue.
(2) "Animal" means a vertebrate or invertebrate species,
including man, other mammals, birds, fish, and shellfish.
(3) "Antidote" means a practical treatment used in preventing or
lessening ill effects from poisoning, including first aid.
(4) "Application of a herbicide" means the spreading of a
herbicide on real property having a continuous boundary line.
(5) "Defoliant" means a substance or mixture of substances
intended to cause the leaves or foliage to drop from a plant,
with or without causing abscission.
(6) "Department" means the Department of Agriculture.
(7) "Desiccant" means a substance or mixture of substances
intended to artificially accelerate the drying of plant tissue.
(8) "Device" means an instrument or contrivance, other than a
firearm, that is used to trap, destroy, repel, or mitigate a pest
or other form of plant or animal life, other than man or a
bacteria, virus, or other microorganism on or in living man or
other living animals. The term does not include equipment sold
separately from a pesticide.
(9) "Distribute" means offer for sale, hold for sale, sell,
barter, or supply.
(10) "Environment" includes water, air, land, plants, man, and
other animals living in or on water, air, or land, and the
interrelationships that exist among them.
(11) "Equipment" means any type of ground, water, or aerial
equipment or contrivance employing motorized, mechanical, or
pressurized power and used to apply a pesticide to land or to
anything that may be inhabiting or growing or stored on or in the
land. The term does not include a pressurized hand-sized
household apparatus used to apply a pesticide or any equipment or
contrivance for which the person applying the pesticide is the
source of power or energy used in making the pesticide
application.
(12) "FIFRA" means the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. Section 136 et seq.).
(13) "Fungus" means a non-chlorophyll-bearing thallophyte,
including rust, smut, mildew, mold, yeast, or bacteria, but not
including a non-chlorophyll-bearing thallophyte on or in living
man or other living animals or on or in a processed food,
beverage, or pharmaceutical.
(14) "Inert ingredient" means an ingredient that is not an
active ingredient.
(15) "Insect" means any of the numerous small invertebrate
animals generally having a segmented body and for the most part
belonging to the class Insecta, comprising six-legged, usually
winged forms such as beetles, bugs, bees, and flies. The term
includes allied classes of arthropods, the members of which are
wingless and usually have more than six legs, such as spiders,
mites, ticks, centipedes, and wood lice.
(16) "Label" means the written, printed, or graphic matter on or
attached to a pesticide or device or any of its containers or
wrappers.
(17) "Labeling" means a label or any other written, printed, or
graphic matter prepared by a registrant:
(A) accompanying the pesticide or device at any time; or
(B) to which reference is made on a label or in literature
accompanying or referring to a pesticide or device, except
accurate, nonmisleading references made to a current official
publication of a federal or state institution or agency
authorized by law to conduct research in the field of pesticides.
(18) "Land" means any land or water area, including airspace,
and any plant, animal, structure, building, contrivance, or
machinery, whether fixed or mobile, appurtenant to or situated on
a land or water area or airspace, including any used for
transportation.
(19) "License use category" means a classification of pesticide
use based on the subject, method, or place of pesticide
application.
(20) "Nematode" means an invertebrate animal of the phylum
Nemathelminthes and class Nematoda (an unsegmented roundworm with
an elongated, fusiform, or sac-like body covered with cuticle)
inhabiting soil, water, plants, or plant parts.
(21) "Pesticide" means a substance or mixture of substances
intended to prevent, destroy, repel, or mitigate any pest, or any
substance or mixture of substances intended for use as a plant
regulator, defoliant, or desiccant.
(22) "Plant regulator" means a substance or mixture of
substances intended through physiological action to accelerate or
retard the rate of growth or rate of maturation, or otherwise to
alter the behavior of an ornamental or crop plant or the product
of an ornamental or crop plant, but does not include a substance
to the extent that it is intended as a plant nutrient, trace
element, nutritional chemical, plant inoculant, or soil
amendment.
(23) "Registrant" means a person who has registered a pesticide
under this chapter.
(24) "Regulatory agency" means a state agency with
responsibility for certifying applicators under Subchapter E of
this chapter.
(25) "Restricted-use pesticide" means a pesticide classified as
a restricted-use pesticide by the Environmental Protection
Agency.
(26) "Thallophyte" means a non-chlorophyll-bearing plant of a
lower order than mosses and liverworts.
(27) "Weed" means any plant that grows where not wanted.
(28) "Worker protection standard" means the federal worker
protection standard as found in the Code of Federal Regulations,
40 C.F.R. Parts 156 and 170.
Acts 1981, 67th Leg., p. 1188, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff.
Sept. 1, 1997.
Sec. 76.002. PESTS. The department shall determine what
organisms constitute pests for purposes of this chapter and may
include in the list of pests:
(1) any insect, snail, slug, rodent, bird, nematode, fungus,
weed, or other form of terrestrial or aquatic plant or animal
life; or
(2) any virus, bacteria, or other microorganism, other than a
virus, bacteria, or other microorganism on or in living man or
other living animals.
Acts 1981, 67th Leg., p. 1190, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff.
Sept. 1, 1997.
Sec. 76.003. STATE-LIMITED-USE PESTICIDES. (a) After notice
and public hearing, the department may adopt lists of
state-limited-use pesticides for the entire state or for a
designated area within the state.
(b) A pesticide may be included on a list of state-limited-use
pesticides if the department determines that, when used as
directed or in accordance with widespread and commonly recognized
practice, the pesticide requires additional restrictions to
prevent unreasonable risk to man or the environment, taking into
account the economic, social, and environmental costs and
benefits of use of the pesticide. However, the department shall
not place a pesticide on the state-limited-use list solely on the
basis of actual damage or risk of damage to water quality without
first obtaining approval from the Texas Natural Resource
Conservation Commission based on the impact of the pesticide's
use on water quality.
(c) The department shall formally request an opinion regarding
impact on water quality from the Texas Natural Resource
Conservation Commission during department consideration of any
amendments to the current list of state-limited-use pesticides.
(d) At the direction of the Texas Natural Resource Conservation
Commission in conjunction with its responsibilities pursuant to
Chapter 26, Water Code, the department shall consider any formal
request to add any pesticide to the state-limited-use list under
Subsection (b), and the department shall issue regulations
regarding the time, place, and conditions of such pesticide's
use.
(e) The department may regulate the time and conditions of use
of a state-limited-use pesticide and may require that it be
purchased or used only:
(1) with permission of the department;
(2) under direct supervision of the department in certain areas
under certain conditions; or
(3) in specified quantities and concentrations.
(f) The department may require a person authorized to distribute
or use a state-limited-use pesticide to maintain records of the
person's distribution or use and may require that the records be
kept separate from other business records.
Acts 1981, 67th Leg., p. 1190, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 80, eff.
Sept. 1, 1989; Acts 1995, 74th Leg., ch. 76, Sec. 11.03, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept.
1, 1997.
Sec. 76.004. DEPARTMENT RULES. (a) The department may adopt
rules for carrying out the provisions of this chapter, including
rules providing for:
(1) the collection, examination, and reporting of records,
devices, and samples of pesticides;
(2) the safe handling, transportation, storage, display,
distribution, or disposal of pesticides and pesticide containers;
(3) labeling requirements for pesticides and devices required to
be registered under this chapter; and
(4) compliance with federal pesticide rules and regulations.
(b) Any rules adopted by the department for the purpose of
protection or enhancement of water quality shall not be
inconsistent with nor less stringent than rules adopted for the
protection or enhancement of water quality by the Texas Natural
Resource Conservation Commission pursuant to recommendations of
the Texas Groundwater Protection Committee.
Acts 1981, 67th Leg., p. 1190, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 81, eff.
Sept. 1, 1989; Acts 1995, 74th Leg., ch. 76, Sec. 11.04, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept.
1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 9.20, eff. September 1, 2009.
Sec. 76.006. PESTICIDE EXAMINATION AND TESTING. (a) The
department may contract with a state college or university, state
agency, or commercial laboratory for examination of a pesticide.
The department shall let contracts with commercial laboratories
under this subsection on the basis of competitive bidding.
(b) The department may make or provide for sample tests of a
pesticide on request and may charge and collect a fee for the
tests in an amount necessary to cover expenses incurred in making
or providing for the tests.
Acts 1981, 67th Leg., p. 1191, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff.
Sept. 1, 1997.
Sec. 76.007. INTERAGENCY COOPERATION. (a) The department shall
be the lead agency for pesticide regulation in Texas. In
cooperation with the U.S. Environmental Protection Agency or any
federal agency responsible for implementation of federal
pesticide law, the department shall:
(1) register pesticides for use in Texas;
(2) adopt lists of state-limited-use pesticides;
(3) provide for training, certification, and licensure of all
classes of pesticide applicators;
(4) enforce pesticide laws and regulations governing the safe
handling, use, storage, distribution, and disposal of pesticide
products; and
(5) adopt rules to carry out the provisions of this chapter.
(b) The Texas Natural Resource Conservation Commission shall
have principal authority to regulate and control water pollution.
If the United States Environmental Protection Agency adopts a
final rule requiring states to implement a state management plan
for pesticides in groundwater, the department shall cooperate
with the Texas Groundwater Protection Committee in the
committee's development and implementation of federally mandated
state management plans for pesticides in groundwater in
accordance with Section 26.407, Water Code.
(c) The department shall seek advice from the Texas Natural
Resource Conservation Commission, the Parks and Wildlife
Department, the Texas Department of Health, and the Texas
Agricultural Extension Service in reviewing applications for
special local need or emergency pesticide registrations. The
department shall act expeditiously to review any application for
special local need or emergency pesticide registrations.
(d) The department shall give written notice to the Texas
Natural Resource Conservation Commission whenever it has probable
cause to believe that serious contamination of water has occurred
as a result of use, misuse, manufacture, storage, or disposal of
pesticides so that the Texas Natural Resource Conservation
Commission may proceed with an investigation of a possible
violation of the Water Code.
(1) If the Texas Natural Resource Conservation Commission
determines that a violation of the Water Code has occurred, the
commission shall seek the remedies provided by the Water Code.
(2) If the department determines that a violation of the
Agriculture Code has occurred regarding the use, manufacture,
storage, or disposal of pesticides, the department shall seek the
remedies provided by this code.
(3) The foregoing remedies shall not be mutually exclusive.
(e) The Texas Natural Resource Conservation Commission shall
give written notice to the department whenever it has probable
cause to believe that serious contamination of water has occurred
as a result of the use, misuse, storage, disposal, or manufacture
of pesticides so that the department may proceed with an
investigation to determine if a violation of the Agriculture Code
has occurred.
(1) If the department determines that a violation of the
Agriculture Code has occurred, the department shall seek the
remedies provided by this code.
(2) If the Texas Natural Resource Conservation Commission
determines that a violation of the Water Code has occurred, the
Texas Natural Resource Conservation Commission shall seek the
remedies provided by the Water Code.
(3) The foregoing remedies shall not be mutually exclusive.
(f) The department shall consult with the Texas Department of
Health before denying or canceling a pesticide registration
because of a suspected public health threat. The department shall
also coordinate enforcement efforts with the department of health
when a serious public health threat is suspected.
(g) A regulatory agency may receive grants-in-aid from any
federal agency and may enter into cooperative agreements with a
federal agency, an agency of this state, a subdivision of this
state, or an agency of another state for the purpose of obtaining
assistance in the implementation of this chapter.
Acts 1981, 67th Leg., p. 1191, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 79, eff.
Sept. 1, 1989; Acts 1995, 74th Leg., ch. 76, Sec. 11.05, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept.
1, 1997.
Sec. 76.008. EXEMPTION. Sections 76.007, 76.104-76.106,
76.108-76.117, 76.151(b), 76.151(c), 76.154(b), 76.155, 76.181,
76.182, 76.184, and 76.201(d)(1) do not apply to a person who is
regulated by Chapter 1951, Occupations Code.
Acts 1981, 67th Leg., p. 1191, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.751, eff.
Sept. 1, 2003.
SUBCHAPTER B. LABELING
Sec. 76.021. LABELING INFORMATION. (a) Each pesticide
distributed in this state shall bear a label containing the
following information relating to the pesticide:
(1) the label information required by FIFRA, if the pesticide is
subject to registration under that law; or
(2) the following information, if the pesticide is not subject
to registration under FIFRA:
(A) the name, brand, or trademark under which the pesticide is
distributed;
(B) the name and percentage of each active ingredient and the
total percentage of inert ingredients;
(C) directions for use that are necessary for effecting the
purpose for which the product is intended and, if complied with,
are adequate for the protection of health and the environment;
(D) if the pesticide contains any form of arsenic, the
percentage of total water-soluble arsenic, calculated as
elementary arsenic;
(E) the name and address of the manufacturer, registrant, or
person for whom the pesticide was manufactured;
(F) numbers or other symbols to identify the lot or batch of the
manufacturer of the contents of the package; and
(G) a clear display of appropriate warnings, symbols, and
cautionary statements commensurate with the toxicity or use
classification of the pesticide.
(b) The label bearing the ingredient statement under Subsection
(a)(2)(B) of this section shall be on or attached to that part of
the immediate container that is presented or displayed under
customary conditions of purchase and, if the ingredient statement
cannot be clearly read without removing the outer wrapping, on
any outer container or wrapper of a retail package.
Acts 1981, 67th Leg., p. 1191, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff.
Sept. 1, 1997.
Sec. 76.022. CONSPICUOUS LETTERING. Any word, statement, or
information required by this chapter to appear on a label or in
labeling of a pesticide or device registered by the department
shall be prominently and conspicuously placed so that, if
compared with other material on the label or in the labeling, it
is likely to be understood by the ordinary individual under
customary conditions of use.
Acts 1981, 67th Leg., p. 1192, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff.
Sept. 1, 1997.
Sec. 76.023. MISBRANDED PESTICIDE OR DEVICE. (a) A pesticide
or device is misbranded if:
(1) it is subject to registration under FIFRA and it does not
fully comply with the labeling requirements of the United States
Environmental Protection Agency; or
(2) it is not subject to registration under FIFRA and:
(A) its labeling bears a statement, design, or graphic
representation relating to the pesticide or device, or the
ingredients of either, that is false or misleading in any
particular;
(B) it is an imitation of or is distributed under the name of
another pesticide or device; or
(C) it is not conspicuously labeled in accordance with Section
76.022 of this code.
(b) A pesticide is misbranded if:
(1) its labeling bears any reference to registration under this
chapter, unless the reference is required by a rule adopted under
this chapter;
(2) it does not bear a label as required by Section 76.021 of
this code; or
(3) its label does not bear information as required by Section
76.021 of this code or a rule adopted under this chapter.
Acts 1981, 67th Leg., p. 1192, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff.
Sept. 1, 1997.
SUBCHAPTER C. REGISTRATION
Sec. 76.041. REGISTRATION REQUIRED. (a) Except as provided by
Subsection (b), (c), (d), or (e) of this section, before a
pesticide is distributed in this state or is delivered for
transportation or is transported in intrastate commerce or
between points within this state through a point outside the
state, it must be registered with the department. The
manufacturer or other person whose name appears on the label of
the pesticide shall register the pesticide.
(b) Registration is not required for the transportation of a
pesticide from one plant or warehouse to another plant or
warehouse operated by the same person if the pesticide is used
solely at the second plant or warehouse as a constituent of a
pesticide that is registered under this chapter.
(c) Registration is not required for a pesticide that is not for
use in this state and is being manufactured, transported, or
distributed for use only outside of this state.
(d) Registration is not required for a chemical compound being
used only to develop plot data as to the possible pesticidal
action of the chemical.
(e) Unless otherwise required by department rule, registration
is not required for a pesticide that is exempt from registration
with the United States Environmental Protection Agency under
federal law.
(f) The Texas Feed and Fertilizer Control Service may not
register under Chapter 63 a fertilizer that contains a pesticide
that must be registered with the department under this chapter
unless the constituent pesticide is first registered with the
department. The Texas Feed and Fertilizer Control Service shall
consult with the department about the current registration status
of a pesticide before registering any fertilizer mix containing
that pesticide under Chapter 63. The department shall notify the
Texas Feed and Fertilizer Control Service of any changes to a
pesticide registration.
(g) A pesticide that has been registered with the department
must continue to be registered as long as the pesticide remains
in the channels of trade in this state. The registrant shall
ensure that the pesticide continues to be registered.
(h) If the department issues a stop use, stop distribution, or
removal order because the pesticide is not registered with the
department, the registrant shall take any necessary action to
remedy the situation, including reimbursing a person who is
subject to the order for the person's costs in complying with the
order.
Acts 1981, 67th Leg., p. 1192, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1995, 74th Leg., ch. 419, Sec. 6.02, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept.
1, 1997.
Sec. 76.042. CONTENT OF REGISTRATION APPLICATION. (a) The
application for registration of a pesticide shall include:
(1) the name and address of the applicant and the name and
address of the person whose name will appear on the pesticide
label, if not the applicant's;
(2) the name of the pesticide;
(3) a complete copy of all labeling to accompany the pesticide
and a statement of all claims to be made for it, including the
directions for use and, if the pesticide is required to be
registered with the United States Environmental Protection
Agency, a copy of the Environmental Protection Agency stamped
accepted labeling and any applicable comment pages;
(4) the use classification, whether for restricted or general
use, as provided by the federal Insecticide, Fungicide, and
Rodenticide Act, as amended, or by a rule adopted under that Act;
(5) the use classification proposed by the applicant, if the
pesticide is not required by federal law to be registered under a
use classification; and
(6) other information required by the department for determining
the eligibility for registration.
(b) The department may require the applicant to submit the
complete formula for a pesticide, including active and inert
ingredients, as a prerequisite to registration.
(c) The department may require a full description of the tests
made and the results of the tests on which claims are based
before approving registration of a pesticide that is not
registered under federal law or for which federal or state
restrictions on use are being considered.
(d) A person located outside this state, as a condition to
registration of a pesticide, shall file with the department a
written instrument designating a resident agent for service of
process in actions taken in the administration and enforcement of
this chapter. Instead of designating a resident agent, the person
may designate in writing the secretary of state as the recipient
of service of process for the person in this state.
Acts 1981, 67th Leg., p. 1192, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff.
Sept. 1, 1997.
Sec. 76.043. EXPIRATION AND RENEWAL. (a) Registration of a
pesticide expires on the second anniversary of the date of its
approval or renewal except that the department shall by rule
adopt a system under which registrations expire on various dates
during the year.
(b) A person who applies for renewal of registration shall
include in the renewal application only information that is
different from the information furnished at the time of the most
recent registration or renewal.
(c) A registration in effect on its expiration date for which a
renewal application has been filed and renewal fee has been paid
continues in effect until the department notifies the applicant
that the registration has been renewed or denied renewal.
Acts 1981, 67th Leg., p. 1193, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1995, 74th Leg., ch. 419, Sec. 6.03, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept.
1, 1997.
Sec. 76.044. FEES. (a) The department shall charge a fee, as
provided by department rule, for each pesticide to be registered.
The fee must be submitted with an application for registration or
renewal of registration.
(b) A person who fails to apply for renewal of registration on
or before the expiration date of the registration must pay, in
addition to the renewal fee, the late fee provided by Section
12.024 of this code for each brand to be renewed.
Acts 1981, 67th Leg., p. 1193, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1983, 68th Leg., p. 4284, ch. 682, Sec. 5,
eff. Sept. 1, 1983; Acts 1989, 71st Leg., ch. 230, Sec. 83, eff.
Sept. 1, 1989; Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 9.08,
eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 419, Sec. 2.35,
eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff.
Sept. 1, 1997.
Sec. 76.045. REGISTRATION FOR SPECIAL LOCAL NEED. (a) The
department may register a pesticide for additional uses and
methods of application not covered by federal registration but
not inconsistent with federal law, for the purpose of meeting a
special local need.
(b) Before approving a registration under this section, the
department shall determine that the applicant meets the other
requirements of this subchapter.
Acts 1981, 67th Leg., p. 1193, ch. 388, Sec. 1, eff. Sept. 1,
1981. Renumbered from Agriculture Code Sec. 76.046 and amended by
Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.
Sec. 76.046. DENIAL OR CANCELLATION OF REGISTRATION. (a) If
the department has reason to believe that any use of a registered
pesticide is in violation of a provision of this chapter or is
dangerous or harmful, the department shall determine whether a
hearing shall be held under Section 12.032 on denial or
cancellation of registration.
(b) The department shall issue written notice of a hearing under
this section to the registrant of the pesticide. The notice must
contain a statement of the time and place of the hearing. The
hearing shall be held after the 10th day following the day on
which the notice is issued.
(c) After opportunity at the hearing for presentation of
evidence by interested parties, the department may deny or cancel
the registration of the pesticide if the department finds that:
(1) use of the pesticide has demonstrated uncontrollable adverse
environmental effects;
(2) use of the pesticide is a detriment to the environment that
outweighs the benefits derived from its use;
(3) even if properly used, the pesticide is detrimental to
vegetation, except weeds, to domestic animals, or to public
health and safety;
(4) a false or misleading statement about the pesticide has been
made or implied by the registrant or the registrant's agent, in
writing, verbally, or through any form of advertising literature;
or
(5) the registrant has not complied or the pesticide does not
comply with a requirement of this chapter or a rule adopted under
this chapter.
Acts 1981, 67th Leg., p. 1194, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1995, 74th Leg., ch. 419, Sec. 3.13, eff.
Sept. 1, 1995. Renumbered from Agriculture Code Sec. 76.047 by
Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.
Sec. 76.047. EXPERIMENTAL USE PERMIT. (a) The department may
issue an experimental use permit if the department determines
that the applicant needs the permit in order to accumulate data
necessary to register a pesticide under this chapter.
(b) A person may file an application for an experimental use
permit before or after applying for registration.
(c) Use of a pesticide under an experimental use permit is under
the supervision of the department and is subject to the terms and
conditions, and valid for a period of time, prescribed by the
department in the permit.
(d) The department may charge a fee for issuing a permit under
this section in an amount equal to the amount charged for
registration under Section 76.044(a).
(e) The department may revoke an experimental use permit at any
time if the department finds that:
(1) the terms or conditions of the permit are being violated; or
(2) the terms and conditions of the permit are inadequate to
avoid any unreasonable risk to man or the environment, taking
into account the economic, social, and environmental costs and
benefits of use of the pesticide.
Acts 1981, 67th Leg., p. 1194, ch. 388, Sec. 1, eff. Sept. 1,
1981. Renumbered from Agriculture Code Sec. 76.048 and amended by
Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.
SUBCHAPTER D. LICENSING OF DEALERS
Sec. 76.071. LICENSE REQUIRED. (a) A person may not distribute
in this state a restricted-use or state-limited-use pesticide or
regulated herbicide without a valid current pesticide dealer
license issued by the department.
(b) Except as otherwise provided by this section, a pesticide
dealer must obtain a license for each location in the state that
is used for distribution. If the person does not have a place of
business in this state, the person may obtain one license for all
out-of-state locations, but shall file as a condition to
licensing a designation of an agent for service of process as
provided by Section 76.042(d) of this code.
(c) A person must apply for a pesticide dealer license on forms
prescribed by the department.
(d) A pesticide dealer may not distribute a restricted-use or
state-limited-use pesticide or a regulated herbicide except to:
(1) a person licensed as a commercial applicator, noncommercial
applicator, or private applicator;
(2) an individual working under the direct supervision of a
licensed applicator;
(3) a certified private applicator;
(4) a licensed pesticide dealer; or
(5) a person who is licensed to practice veterinary medicine by
the State Board of Veterinary Medical Examiners.
Acts 1981, 67th Leg., p. 1194, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff.
Sept. 1, 1997.
Sec. 76.072. EXPIRATION. A pesticide dealer license expires on
the second anniversary of the date of its granting or renewal
unless the department by rule adopts a system under which
licenses expire on specified dates during a year.
Acts 1981, 67th Leg., p. 1195, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff.
Sept. 1, 1997.
Sec. 76.073. FEES. (a) An application for a pesticide dealer
license must be accompanied by a registration fee, as fixed by
the department.
(b) A person who fails to apply for renewal of a pesticide
dealer license on or before the expiration date of the license
must pay, in addition to the renewal fee, the late fee provided
by Section 12.024 of this code.
Acts 1981, 67th Leg., p. 1195, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 84, eff.
Sept. 1, 1989; Acts 1995, 74th Leg., ch. 419, Sec. 2.36, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept.
1, 1997.
Sec. 76.074. DISPLAY OF DEALER LICENSE. (a) Each dealer shall
prominently display the pesticide dealer license in the dealer's
place of business.
(b) Failure to display a license as required by this section is
a ground for revocation of the license.
Acts 1981, 67th Leg., p. 1195, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff.
Sept. 1, 1997.
Sec. 76.075. RECORDS. (a) A person required to obtain a
dealer's license by Section 76.071 shall record each distribution
of a restricted-use or state-limited-use pesticide or regulated
herbicide and shall maintain a copy of the record for at least
two years after the date of the distribution.
(b) The department shall adopt rules that prescribe the
information to be stated in the records required by this section.
(c) The department may require that a copy of the records
required by this section be submitted periodically to the
department.
(d) The department may revoke a dealer's license if the licensee
fails to submit a copy of a record as required under Subsection
(c) or makes false or fraudulent records, invoices, or reports.
Acts 1981, 67th Leg., p. 1195, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff.
Sept. 1, 1997.
Sec. 76.076. DENIAL, REVOCATION, MODIFICATION, OR SUSPENSION OF
LICENSE. (a) The department may deny an application for a
dealer's license if the applicant fails to comply with this
chapter. The department may revoke, modify, or suspend a license,
assess an administrative penalty, place on probation a person
whose license has been suspended, or reprimand a licensee for a
violation of this chapter or a rule adopted by the department
under this chapter.
(b) If a license suspension is probated, the department may
require the person to:
(1) report regularly to the department on matters that are the
basis of the probation; or
(2) limit business to the areas prescribed by the department.
(c) If the department proposes to deny a person's application
for a pesticide dealer license or to revoke, modify, or suspend a
person's license, the person is entitled to a hearing conducted
under Section 12.032. The decision of the department is
appealable in the same manner as provided for contested cases
under Chapter 2001, Government Code.
Acts 1981, 67th Leg., p. 1195, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 85, eff.
Sept. 1, 1989; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 419, Sec. 3.14, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept.
1, 1997.
Sec. 76.077. EXCEPTIONS. (a) This subchapter does not apply to
a manufacturer or formulator of a pesticide who does not sell
directly to the user.
(b) This subchapter does not apply to a licensed pesticide
applicator who:
(1) distributes restricted-use or state-limited-use pesticides
or regulated herbicides only as an integral part of the pesticide
application business; and
(2) dispenses the pesticides only through equipment used in the
pesticide application business.
(c) This subchapter does not apply to a federal, state, county,
or municipal agency that provides pesticides only for its own
programs.
Acts 1981, 67th Leg., p. 1196, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff.
Sept. 1, 1997.
SUBCHAPTER E. USE AND APPLICATION
Sec. 76.101. COORDINATION. (a) The department is the lead
agency in the regulation of pesticide use and application and is
responsible for coordinating activities of state agencies, except
as provided by Section 76.007(b) of this code and by Chapter 26
of the Water Code. The department shall submit a state plan for
the licensing of pesticide applicators to the administrator of
the Environmental Protection Agency.
(b) The department shall coordinate, plan, and approve training
programs and shall use the public and private resources of this
state, including state universities, colleges, junior colleges,
community colleges, the Texas Agricultural Extension Service, and
the Texas Agricultural Experiment Station. The department and the
Texas Agricultural Extension Service shall adopt a memorandum of
understanding to jointly coordinate, plan, and approve the
training programs for private applicators.
(c) The department shall make plans under this section on the
basis of convenience to applicants, thoroughness of preparation
and testing, and maximum economy in expenditures for this
purpose. The department shall make full use of grants-in-aid and
cooperative agreements in administering this subchapter.
(d)(1) Except as otherwise provided by this subsection, no city,
town, county, or other political subdivision of this state shall
adopt any ordinance, rule, or regulation regarding pesticide sale
or use.
(2) Nothing in this subsection shall be construed to limit the
authority of a city, town, or county to:
(A) encourage locally approved and provided educational material
concerning a pesticide;
(B) zone for the sale or storage of such products;
(C) adopt fire or building regulations as preventative measures
to protect the public and emergency services personnel from an
accident or emergency involving such products, including
regulations governing the storage of such products or governing
fumigation and thermal insecticidal fogging operations;
(D) provide or designate sites for the disposal of such
products;
(E) route hazardous materials; or
(F) regulate discharge to sanitary sewer systems.
(3) This subsection shall not prevent a city, town, county, or
any political subdivision from complying with any federal or
state law or regulation. This subsection shall not prevent a
city, town, county, or any political subdivision from attaining
or maintaining compliance with federal or state environmental
standards including Texas water quality standards. A city, town,
county, or other political subdivision may take any action
otherwise prohibited by this subsection in order to comply with
any federal requirements, to avoid any federal or state penalties
or fines, or to attain or maintain federal or state environmental
standards including Texas water quality standards.
Acts 1981, 67th Leg., p. 1196, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 86, eff.
Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 96, Sec. 1, eff. May 7,
1993; Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.
Sec. 76.102. AGENCIES RESPONSIBLE FOR LICENSING PESTICIDE
APPLICATORS. 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;
(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.
Acts 1981, 67th Leg., p. 1196, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1981, 67th Leg., p. 2589, ch. 693, Sec. 1,
eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 230, Sec. 87, eff.
Sept. 1, 1989; Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept.
1, 1997; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.752, eff. Sept.
1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1278, Sec. 1, eff. September 1, 2009.
Sec. 76.103. PROGRAM CONTINGENT ON FEDERAL FUNDS. (a) The
licensing of commercial applicators, noncommercial applicators,
and private applicators is contingent on the availability of
federal funds to pay part of the costs of administering and
enforcing the program.
(b) If federal funds and other funds made available for this
program are not sufficient to pay all costs of administering and
enforcing the program, the department shall certify that fact and
discontinue the licensing of commercial applicators,
noncommercial applicators, and private applicators. The
department shall publish notice of the discontinuance of the
program in the Texas Register.
(c) If sufficient funds become available after discontinuance,
the department shall certify the availability of sufficient funds
to pay all costs of administration and enforcement of the program
and shall resume the licensing of commercial applicators,
noncommercial applicators, and private applicators. The
department shall publish notice of resumption of the program in
the Texas Register.
(d) The department shall determine the effective date of
discontinuance or resumption of the program, but the date may not
be before the date of publication of notice in the Texas
Register.
(e) During any period in which the program has been
discontinued, a person is not required to have a license provided
by this subchapter in order to use pesticides, but a person may
be prosecuted for acts committed or omitted when the program was
in effect.
Acts 1981, 67th Leg., p. 1197, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1981, 67th Leg., p. 2589, ch. 693, Sec. 2,
eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 230, Sec. 88, eff.
Sept. 1, 1989; Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept.
1, 1997.
Sec. 76.104. AGENCY RULES FOR APPLICATION OF A PESTICIDE. (a)
The head of each regulatory agency may, after notice and public
hearing, adopt rules to carry out the provisions of this
subchapter for which the agency is responsible.
(b) Rules adopted under this section may:
(1) prescribe methods to be used in the application of a
restricted-use or state-limited-use pesticide or regulated
herbicide;
(2) relate to the time, place, manner, method, amount, or
concentration of pesticide application or to the materials used
in pesticide application; and
(3) restrict or prohibit use of a restricted-use or
state-limited-use pesticide or regulated herbicide in designated
areas during specific periods of time.
(c) A regulatory agency may adopt a rule under this section only
after consideration of precautions or restrictions necessary to
prevent unreasonable risk to man or the environment, taking into
account the economic, social, and environmental costs and
benefits of the use of the pesticide.
(d) The department shall adopt worker protection standards for
pesticides if there is no federal worker protection standard. The
department may adopt other rules for the protection of the
health, safety, and welfare of farm workers and pesticide
handlers.
Acts 1981, 67th Leg., p. 1197, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff.
Sept. 1, 1997.
Sec. 76.105. LICENSE REQUIRED. (a) Except as provided by
Section 76.003(e), a person may not purchase or use a
restricted-use or state-limited-use pesticide or regulated
herbicide unless the person is:
(1) licensed as a commercial applicator, noncommercial
applicator, or private applicator and authorized by the license
to purchase or use the restricted-use or state-limited-use
pesticide or regulated herbicide in the license use categories
covering the proposed pesticide use;
(2) an individual acting under the direct supervision of a
licensed applicator, except as provided by Subsection (b) of this
section and by Sections 76.003(e) and 76.116(f); or
(3) a certified private applicator as defined in Section
76.112(j) of this code.
(b) An individual is under the direct supervision of a licensed
applicator if the individual is acting under the instructions and
control of a licensed applicator who is responsible for the
actions of the individual and who is available if and when
needed. A licensed applicator may not supervise an applicator
whose license or certificate is under suspension or revocation.
The licensed applicator is not required to be physically present
at the time and place of the pesticide application unless the
label of the applied pesticide states that the presence of the
licensed applicator is required.
(c) A licensed applicator is responsible for assuring that the
person working under the licensee's direct supervision is
knowledgeable of the label requirements and rules and regulations
governing the use of pesticides. A licensed applicator satisfies
the requirements of this subsection if the person working under
the licensee's direct supervision has been trained as a handler
under the federal worker protection standard.
(d) A person who is authorized under this chapter to use
restricted-use or state-limited-use pesticides or regulated
herbicides shall comply with all applicable federal and state
rules, regulations, and court orders regarding the use of
restricted-use or state-limited-use pesticides or regulated
herbicides.
(e) Except as provided by Section 76.003(e), a person may not
purchase a restricted-use or state-limited-use pesticide or
regulated herbicide unless the person is a licensed or a
certified applicator or authorized by a licensed or certified
applicator to purchase or take delivery for the applicator.
(f) The other provisions of this section notwithstanding, the
department may adopt rules or establish programs that the U.S.
Environmental Protection Agency or another federal agency
requires as a condition for receiving:
(1) approval to authorize use of certain restricted-use or
state-limited-use pesticides or regulated herbicides;
(2) federal funding for licensing or certification of pesticide
applicators;
(3) federal funding for pesticide law enforcement efforts; or
(4) other federal funding related to pesticide risk reduction.
(g) The other provisions of this chapter notwithstanding, if the
U.S. Environmental Protection Agency or another federal agency
imposes on the state standards for certification of commercial,
noncommercial, or private pesticide applicators, the department
may adopt by rule the federal standards for each classification
of applicators for which the federal standards are imposed.
Acts 1981, 67th Leg., p. 1197, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1981, 67th Leg., p. 2589, ch. 693, Sec. 3,
eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 230, Sec. 89, eff.
Sept. 1, 1989; Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept.
1, 1997.
Sec. 76.106. CLASSIFICATION OF LICENSES. (a) The head of each
regulatory agency may classify commercial applicator and
noncommercial applicator licenses under subcategories of license
use categories according to the subject, method, or place of
pesticide application.
(b) A regulatory agency head shall establish separate testing
requirements for licensing in each license use category for which
the agency is responsible and may establish separate testing
requirements for licensing in subcategories within a license use
category.
(c) Each regulatory agency may charge a testing fee, as fixed by
the head of the regulatory agency, for testing in each license
use category.
Acts 1981, 67th Leg., p. 1198, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1985, 69th Leg., ch. 239, Sec. 64, eff.
Sept. 1, 1985; Acts 1989, 71st Leg., ch. 230, Sec. 90, eff. Sept.
1, 1989; Acts 1995, 74th Leg., ch. 419, Sec. 2.37, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 766, Sec. 1, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.
Sec. 76.107. LICENSING BY MORE THAN ONE AGENCY. (a) A person
who wants to be licensed as a pesticide applicator under license
use categories regulated by more than one regulatory agency may
do so by paying a single license fee to the agency regulating the
person's primary business and meeting licensing requirements for
each category for which the person desires licensing.
(b) A person licensed under this section must pay testing fees
required by each regulatory agency.
Acts 1981, 67th Leg., p. 1198, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 91, eff.
Sept. 1, 1989; Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept.
1, 1997.
Sec. 76.108. COMMERCIAL APPLICATOR LICENSE. (a) A person who
operates a business or is an employee of a business that applies
state-limited-use or restricted-use pesticides or regulated
herbicides to the land of another person for hire or compensation
and who is required to be licensed by Section 76.105 of this code
shall apply to the appropriate regulatory agency for a commercial
applicator license issued for the license use categories and
subcategories in which the pesticide application is to be made.
(b) A person shall apply for an original or renewal commercial
applicator license on forms prescribed by the regulatory agency.
The application shall include information as required by rule of
the head of the agency and must be accompanied by an annual
license fee, as fixed by the head of the agency.
(c) The head of a regulatory agency may not issue an original
commercial applicator license before the applicant has passed an
examination under Section 76.110 of this code.
(d) The head of a regulatory agency may not issue a commercial
applicator license if it has been determined that:
(1) the applicant has been convicted of a felony involving moral
turpitude in the last five years;
(2) the applicant has had a license issued under this subchapter
revoked within the last two years;
(3) the applicant has been unable to satisfactorily fulfill
licensing requirements; or
(4) the applicant for any other reason cannot be expected to be
able to fulfill the provisions of this subchapter applicable to
the license use category for which application is made.
(e) An individual to whom a commercial applicator license is
issued is authorized to purchase, use, and supervise the use of
restricted-use and state-limited-use pesticides or regulated
herbicides in the license use categories and subcategories in
which the individual is licensed.
(f) As a condition to issuance of a commercial applicator
license, an applicant located outside this state shall file with
the regulatory agency a written instrument designating a resident
agent for service of process in actions taken in the
administration and enforcement of this chapter. Instead of
designating a resident agent, the applicant may designate in
writing the secretary of state as the recipient of service of
process for the applicant in this state.
Acts 1981, 67th Leg., p. 1198, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1981, 67th Leg., p. 2590, ch. 693, Sec. 4,
eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 239, Sec. 65, eff.
Sept. 1, 1985; Acts 1989, 71st Leg., ch. 230, Sec. 92, eff. Sept.
1, 1989; Acts 1995, 74th Leg., ch. 419, Sec. 2.38, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.
Sec. 76.109. NONCOMMERCIAL APPLICATOR LICENSE. (a) A person
who is required to be licensed under Section 76.105 of this code
but who does not qualify as a commercial applicator or a private
applicator shall apply to the appropriate regulatory agency for a
noncommercial applicator license issued for the license use
categories and subcategories in which the pesticide application
is to be made.
(b) A person shall apply for an original or renewal
noncommercial applicator license on forms prescribed by the
regulatory agency. The applicant shall include with the
application an annual license fee, as fixed by the governing body
of or the head of the regulatory agency. The governing body of or
the head of the regulatory agency may set other fees as necessary
to defray the costs of administering a pesticide applicator
certification program.
(c) The head of a regulatory agency may not issue an original
noncommercial applicator license before the applicant has passed
an examination under Section 76.110 of this code.
(d) An individual to whom a noncommercial applicator license is
issued by the department is authorized to purchase, use, and
supervise the use of restricted-use and state-limited-use
pesticides or regulated herbicides in the license use categories
and subcategories in which the individual is licensed.
(e) If a license is issued in the name of a governmental entity,
the entity must have a licensed applicator employed at all times.
Failure to have a licensed applicator employed is a ground for
revocation of a governmental entity noncommercial applicator
license.
(f) As a condition to issuance of a noncommercial applicator
license, an applicant located outside this state shall file with
the regulatory agency a written instrument designating a resident
agent for service of process in actions taken in the
administration and enforcement of this chapter. Instead of
designating a resident agent, the applicant may designate in
writing the secretary of state as the recipient of service of
process for the applicant in this state.
(g) An individual to whom a noncommercial applicator license is
issued by the Texas Department of Health is authorized to use and
supervise the use of general-use, restricted-use, and
state-limited-use pesticides in the license use categories and
subcategories in which the individual is licensed.
(h) Neither this section nor any other law shall prohibit a
political subdivision from reducing the number of hours of
training or other requirements for an employee conducting larval
mosquito control on property owned or controlled by the political
subdivision using biological pesticides approved for general use
by the Texas Department of Health, provided the employee is given
instructions adequate to ensure the safe and effective use of
such pesticides.
Acts 1981, 67th Leg., p. 1199, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1981, 67th Leg., p. 2590, ch. 693, Sec. 5,
eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 239, Sec. 66, eff.
Sept. 1, 1985; Acts 1989, 71st Leg., ch. 230, Sec. 93, eff. Sept.
1, 1989; Acts 1995, 74th Leg., ch. 419, Sec. 2.39, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 766, Sec. 2, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 884, Sec. 1, eff. June 20, 2003.
Sec. 76.110. COMMERCIAL AND NONCOMMERCIAL APPLICATOR
EXAMINATION; RECIPROCAL AGREEMENTS. (a) Each person applying
for a license as a commercial applicator or a noncommercial
applicator must pass an examination demonstrating that the
person:
(1) is properly qualified to perform functions associated with
pesticide application to a degree directly related to the nature
of the activity and the associated responsibility; and
(2) has knowledge of the use and effects of restricted-use and
state-limited-use pesticides or regulated herbicides in the
license use categories and subcategories in which the person is
to be licensed.
(b) Not later than the 30th day after the date on which a
licensing examination is administered under this section, the
appropriate regulatory agency shall notify each examinee of the
results of the examination. However, if an examination is graded
or reviewed by a national testing service, the appropriate
regulatory agency shall notify examinees of the results of the
examination not later than the 14th day after the date on which
the appropriate regulatory agency receives the results from the
testing service. If the notice of examination results graded or
reviewed by a national testing service will be delayed for longer
than 90 days after the examination date, the appropriate
regulatory agency shall notify the examinee of the reason for the
delay before the 90th day. The appropriate regulatory agency may
require a testing service to notify examinees of the results of
an examination.
(c) If requested in writing by the person who fails a licensing
examination administered under this section, the appropriate
regulatory agency shall furnish the person with an analysis of
the person's performance on the examination.
(d) The appropriate regulatory agency may waive any prerequisite
to obtaining a license for an applicant after reviewing the
applicant's credentials and determining that the applicant holds
a valid license from another state that has license requirements
substantially equivalent to those of this state.
Acts 1981, 67th Leg., p. 1199, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 94, eff.
Sept. 1, 1989; Acts 1995, 74th Leg., ch. 419, Sec. 1.20, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept.
1, 1997.
Sec. 76.111. APPLICATOR BUSINESSES; PROOF OF FINANCIAL
RESPONSIBILITY. (a) In this section:
(1) "Applicator business" means a person who applies a
state-limited-use or restricted-use pesticide or regulated
herbicide to the land of another for compensation and who:
(A) is a licensed commercial applicator; or
(B) employs at least one licensed commercial applicator.
(2) "M-44 device" means a nonexplosive, spring-operated
mechanical device designed to deliver a capsule of sodium cyanide
into the mouth of the target animal as a method of livestock
predation control.
(b) This section does not apply to an employee or agent of an
applicator business.
(c) Except as otherwise provided by this section, each
applicator business shall file with the regulatory agency issuing
the license a liability insurance policy, certification of a
policy, or other proof of financial responsibility considered
acceptable by the department protecting persons who may suffer
damages as a result of the operations of the applicator business,
its employees, and its agents.
(d) The proof of financial responsibility required by this
section is not required to apply to damages or injury to
agricultural crops, plants, or land being worked on by the
applicator business, its employees, or its agents.
(e) Except as otherwise provided by this section, the amount of
the proof of financial responsibility may not be less than
$100,000 for each occurrence for property damage and may not be
less than $100,000 for each occurrence for bodily injury or a
general aggregate at a minimum of $200,000 for each occurrence.
The head of a regulatory agency by rule may require different
amounts of coverage for different classifications of operations
under this chapter. Each commercial M-44 applicator license
applicant must provide proof of financial responsibility
acceptable to the department for bodily injury and property
damage coverage insuring the applicator against liability for
damage to persons or property occurring as a result of operations
performed in the course of the application to premises or any
other property under the applicator's care, custody, or control.
The department will strive to set minimum acceptable coverage at
an amount that is economically feasible to applicants. The
coverage must at all times be maintained at not less than the
amount set by the agency head or the Texas Department of
Insurance.
(f) The head of a regulatory agency may accept a liability
insurance policy in the proper sum which has a deductible clause
in an amo