HBA-ALS, BTC H.B. 431 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 431
By: Turner, Bob
Agriculture and Livestock
2/10/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, an applicator is required to purchase financial
responsibility insurance in order to use certain pesticides or herbicides.
An "applicator business" is defined as a person who applies a
state-limited-use or restricted-use pesticide or regulated herbicide to the
land of another for compensation and who is a licensed commercial
applicator or employs at least one licensed commercial applicator.  H.B.
431 provides the definition of an "M-44 device" to be used under the
Agriculture Code for predator control, and allows the Commissioner of
Agriculture to set the amount of financial responsibility required of M-44
applicators. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 76.111 (a), Agriculture Code,  to define an
"M-44 device" as 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.  Makes a nonsubstantive change.
Redesignates Subdivisions (1) and (2) to Paragraphs (A) and (B)
respectively. 

SECTION 2.  Amends Section 76.111 (e), Agriculture Code, to authorize the
Commissioner of Agriculture (commissioner) to establish the amount of proof
of financial responsibility for an applicator business that primarily uses
the M-44 device, and requires the commissioner to establish that amount
annually.  Authorizes the commissioner to require proof of financial
responsibility for that business in an amount that is less than the amount
otherwise required by this subsection if the commissioner determines that
the amount otherwise required by this subsection would make the application
of the M-44 device economically unfeasible. 

SECTION 3.  Effective date:  September 1, 1999.
Requires the commissioner to determine financial proof amounts, as required
by Section 76.111 (e), Agriculture Code, as amended by this Act, no later
than January 1, 2000. 

SECTION 4.   Emergency clause.