HBA-MAJ H.B. 131 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 131 By: McClendon Agriculture & Livestock 2/5/1999 Introduced BACKGROUND AND PURPOSE Currently, there is no federal or state law requiring that toxic heavy metals, chemicals, and radioactive wastes be listed as ingredients in fertilizers. H.B. 131 authorizes the Texas Feed and Fertilizer Control Service (service) to prescribe on the label of each container of commercial fertilizer distributed in this state the fertilizer's inclusion of toxic heavy metals, toxic chemicals, and radioactive and industrial wastes. This bill also authorizes the service to prohibit the inclusion of such material in commercial fertilizers distributed in this state if necessary to protect crops, livestock, or public health. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority previously delegated to Texas Feed and Fertilizer Control Service is modified in SECTION 1 (Section 63.004, Agriculture Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 63.004, Agriculture Code, as follows: (a) Created from existing text and makes a nonsubstantive change. (b) Requires the Texas Feed and Fertilizer Control Service (service) to adopt rules relating to the inclusion of toxic heavy metals, toxic chemicals, and radioactive and industrial wastes in commercial fertilizers distributed in this state. Authorizes the service to prohibit the inclusion of such materials in commercial fertilizers distributed in this state if necessary to protect crops, livestock, or public health. SECTION 2. Amends Section 63.051(a), Agriculture Code, to authorize the service, by rule, to prescribe additional information to list on the label of each container of commercial fertilizer distributed in this state, including, if applicable, the fertilizer's inclusion of toxic heavy metals, toxic chemicals, or radioactive or industrial wastes. SECTION 3. Requires the service to adopt the rules required by Section 63.004(b), Agriculture Code, as added by this Act, no later than January 1, 2000. Makes application of this Act prospective. SECTION 4. Emergency clause. Effective date: upon passage.