reglab/housing_qa huggingface dataset:
TX Agric Code § 76.120 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter E. Use and Application|Section 76.120. Emergency Mosquito Control by Certain Municipal or County Employees

Sec. 76.120.  EMERGENCY MOSQUITO CONTROL BY CERTAIN MUNICIPAL OR COUNTY EMPLOYEES.  (a)  A municipal or county health department may apply for a waiver from the department authorizing the application of pesticides for mosquito control in the manner provided by this section if:(1)  the municipality or county is in a state of disaster as declared by the governor under Chapter 418, Government Code; or(2)  the municipal or county health department determines that immediate action is needed to control the threat of mosquito-borne disease.(b)  On application by a municipal or county health department, the department may grant a waiver authorizing unlicensed employees of the municipality or county to apply pesticides for mosquito control under the direct supervision of a licensed applicator employed by the municipality or county, a nearby political subdivision, this state, or the federal government.(c)  An unlicensed employee of the municipality or county may apply pesticides as authorized by a waiver if the unlicensed employee and the licensed applicator supervising the employee execute an affidavit promulgated by the department describing the supervision arrangement and return the affidavit to the department.|Added by Acts 2019, 86th Leg., R.S., Ch. 344 (S.B. 1113), Sec. 1, eff. May 31, 2019.|
TX Agric Code § 76.131 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter F. Storage and Disposal|Section 76.131. Rules

Sec. 76.131.  RULES.  (a)  The department may adopt rules governing the storage and disposal of pesticides and pesticide containers for the purpose of:(1)  preventing injury from storage or disposal to man, vegetation, crops, or animals;  and(2)  preventing any water pollution that is harmful to man or wildlife provided, however, that such rules be consistent with and not less stringent than Texas Natural Resource Conservation Commission rules adopted under Chapter 26 of the Water Code.(b)  A person may not store or dispose of a pesticide in violation of a rule adopted by the department under this section.(c)  Applicators and other entities covered by this chapter who normally store products listed under the FIFRA in an amount that exceeds 55 gallons, 500 pounds, or a lesser amount the department determines by rule for certain highly toxic or dangerous chemicals covered by this chapter, within one-quarter mile of a residential area composed of three or more private dwellings for more than 72 hours, shall provide to the fire chief of the fire department having jurisdiction over the storage place, in writing, the name and telephone number of the applicator or a knowledgeable representative of the applicator or other entity storing the product who can be contacted for further information or contacted in case of emergency.(d)  On request, each applicator or entity shall provide to the fire chief having jurisdiction over the storage place a copy of a list of pesticides stored by the applicator or entity.  The applicator or other entity shall notify the fire chief of any significant changes that occur relating to the stored pesticides if requested by the fire chief in writing.(e)  The fire chief having jurisdiction over the storage place or the fire chief's representative, on request, shall be permitted to conduct on-site inspections of the pesticides stored for the sole purpose of preparing fire department activities in case of an emergency.(f)  On request, the fire chief having jurisdiction over the storage place shall make the stored pesticide list available to members of the fire department having jurisdiction over the workplace and to personnel outside the fire department who are responsible for preplanning emergency activities, but may not otherwise distribute the information without approval of the applicator.|Acts 1981, 67th Leg., p. 1202, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 100, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 76, Sec. 11.07, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 76.132 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter F. Storage and Disposal|Section 76.132. Disposal of Pesticide

Sec. 76.132.  DISPOSAL OF PESTICIDE.  The department, in coordination with the Texas Commission on Environmental Quality and the Texas A&M AgriLife Extension Service, shall organize pesticide waste and pesticide container collection activities statewide.  The department, the Texas Commission on Environmental Quality, and the Texas A&M AgriLife Extension Service may contract for the services of contractors that are licensed in the disposal of hazardous waste under Section 401.202, Health and Safety Code, or other contractors to implement the pesticide waste and pesticide container collection activities and facilitate the collection of canceled, unregistered, or otherwise unwanted pesticide products and pesticide containers.|Added by Acts 2019, 86th Leg., R.S., Ch. 1025 (H.B. 191), Sec. 3, eff. September 1, 2019.|
TX Agric Code § 76.141 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter G. Herbicides|Section 76.141. Regulated Herbicides

Sec. 76.141.  REGULATED HERBICIDES.  (a)  After a public hearing on the issue, and in accordance with Subsection (b), the department by rule may adopt a list of regulated herbicides for the state or for one or more designated areas in the state.(b)  The department may include a herbicide on the list of regulated herbicides if the department determines that, if used as directed or in accordance with widespread and commonly recognized practice, the herbicide requires additional restrictions to prevent a hazard to desirable vegetation caused by drift or an uncontrolled application.(c)  A person may not distribute a regulated herbicide unless the person holds a dealer's license issued by the department.|Added by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 76.142 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter G. Herbicides|Section 76.142. Application of Regulated Herbicide

Sec. 76.142.  APPLICATION OF REGULATED HERBICIDE.  (a)  If a person applies a regulated herbicide, the person shall act in accordance with each applicable rule adopted by the department, including a rule adopted under this subchapter.(b)  If a regulated herbicide is applied by a commercial applicator, the person in control of the crop or land to which the regulated herbicide is applied and the commercial applicator are jointly responsible for ensuring that the application is in compliance with this chapter and each applicable rule adopted by the department.(c)  If the department finds that an application of a regulated herbicide is hazardous to crops or valuable plants in an area, the department may prohibit the application of a regulated herbicide in that area for any period during which the hazard exists.|Added by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 76.143 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter G. Herbicides|Section 76.143. Public Hearing

Sec. 76.143.  PUBLIC HEARING.  As soon as practicable after receiving a written request for a revision of a rule, an exemption from a requirement of this chapter, or a prohibition of the spraying of a regulated herbicide in an area, the department may hold a public hearing to hear the request.|Added by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 76.151 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter H. Enforcement|Section 76.151. Entry Power

Sec. 76.151.  ENTRY POWER.  (a)  The department, at any time and without notice during regular business hours, may:(1)  enter and inspect a building or place owned, controlled, or operated by a person engaged in any activity regulated under this chapter or Chapter 1951, Occupations Code; and(2)  inspect and review any record maintained by a person engaged in any activity regulated under this chapter or Chapter 1951, Occupations Code.(a-1)  The department may enter and inspect a building or place or inspect and review any record under Subsection (a) as necessary to:(1)  ensure compliance with this chapter or Chapter 1951, Occupations Code; or(2)  investigate a complaint made to the department.(b)  A regulatory agency is entitled to enter any public or private premises at reasonable times to:(1)  inspect any equipment authorized or required to be inspected under this chapter or to inspect the premises on which the equipment is kept or stored;(2)  inspect or sample land exposed or reported to be exposed to a pesticide;(3)  inspect an area where a pesticide is disposed of or stored;  or(4)  observe the use and application of a restricted-use or state-limited-use pesticide or regulated herbicide.(c)  If a regulatory agency is denied access to any land to which access was sought at a reasonable time for any of the purposes listed in Subsection (b) of this section, the head of the regulatory agency may apply to a magistrate for a warrant authorizing access to the land for any of those purposes.  On a showing of probable cause to believe that a violation of a rule relating to a purpose listed in Subsection (b) of this section has occurred, the magistrate shall issue the search warrant for the purposes requested.|Acts 1981, 67th Leg., p. 1203, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 6.06, eff. September 1, 2009.|
TX Agric Code § 76.152 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter H. Enforcement|Section 76.152. Sampling

Sec. 76.152.  SAMPLING.  The department is entitled to take a sample for official analysis from any package or lot of pesticides found within this state.|Acts 1981, 67th Leg., p. 1203, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 76.153 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter H. Enforcement|Section 76.153. Stop Use, Stop Distribution, or Removal Order

Sec. 76.153.  STOP USE, STOP DISTRIBUTION, OR REMOVAL ORDER.  (a)  If the department has reason to believe that a pesticide is in violation of any provision of this chapter, the department may issue and enforce a written or printed order to stop the use or distribution of the pesticide or requiring the pesticide to be removed and secured from further distribution.  The department shall present the order to the owner or custodian of the pesticide.  The person who receives the order may not sell, distribute, or use the pesticide until the department determines that the pesticide:(1)  is in compliance with this chapter;  or(2)  does not present a hazard to the public health, safety, or welfare.(b)  This section does not limit the right of the department to proceed as authorized by another section of this chapter.|Acts 1981, 67th Leg., p. 1203, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 76.154 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter H. Enforcement|Section 76.154. Injunction

Sec. 76.154.  INJUNCTION.  (a)  The department may sue in the name of the commissioner to enjoin any violation of a provision of this chapter.  Venue is in the county in which the alleged violation occurred or is occurring.(b)  A regulatory agency may request an appropriate prosecuting attorney or the attorney general to sue to enjoin a violation or threatened violation of a provision of this chapter that is within the agency's responsibility.|Acts 1981, 67th Leg., p. 1203, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., p. 2591, ch. 693, Sec. 9, eff. Sept. 1, 1981;  Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 76.155 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter H. Enforcement|Section 76.155. Prosecutions

Sec. 76.155.  PROSECUTIONS.  The department may request the appropriate prosecuting attorney to prosecute a violation of a provision of this chapter.|Acts 1981, 67th Leg., p. 1203, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., p. 2591, ch. 693, Sec. 10, eff. Sept. 1, 1981;  Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 76.1555 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter H. Enforcement|Section 76.1555. Administrative Penalty

Sec. 76.1555.  ADMINISTRATIVE PENALTY.  (a)  If a person violates a provision of this chapter or Chapter 1951, Occupations Code, or a rule or order adopted by the department under this chapter or Chapter 1951, Occupations Code, the department may assess an administrative penalty against the person as provided by Section 12.020, except that the penalty for each violation may not exceed $5,000.  Each day a violation continues or occurs may be considered a separate violation for purposes of penalty assessment.(b)  The department shall establish a schedule stating the types of violations possible under this chapter.  The department is not required to comply with Subchapter B, Chapter 2001, Government Code, when establishing or revising the schedule.  The department shall publish the initial schedule and any subsequent revision in the Texas Register before the schedule or revision is implemented.(c)  If the department elects to assess an administrative penalty, no action for a civil penalty may be based on the same violation or violations.|Added by Acts 1989, 71st Leg., ch. 230, Sec. 101, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), (53), (58), (59), eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 419, Sec. 3.16, 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 (S.B. 1016), Sec. 6.07, eff. September 1, 2009.|
TX Agric Code § 76.156 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter H. Enforcement|Section 76.156. Civil Penalty

Sec. 76.156.  CIVIL PENALTY.  (a)  A person who violates a provision of this chapter administered by a regulatory agency other than the department or a rule adopted by a regulatory agency other than the department under this chapter is liable for a civil penalty of not less than $50 nor more than $1,000 for each day on which the violation occurs.(b)  A person who violates a provision of this chapter administered by the department or a rule adopted by the department under this chapter is liable for a civil penalty of not less than $50 nor more than $10,000 for each violation, provided that the penalty shall not exceed $25,000 for all violations related to a single incident.(c)  No civil penalty may be collected for any violation that constituted the basis for a department proceeding to assess an administrative penalty, regardless of whether the department was or was not successful in collecting the administrative penalty.(d)  A county attorney, a district attorney, or the attorney general shall sue in the name of the state for the collection of a civil penalty provided by this section.(e)  The appropriate regulatory agency may request an appropriate prosecuting attorney or the attorney general to bring suit under this section.(f)  A civil penalty collected under this section shall be deposited in the state treasury to the credit of the General Revenue Fund.  All civil penalties recovered in suits first instituted by a local government or governments under this section shall be equally divided between the State of Texas and the local government or governments with 50 percent of the recovery to be paid to the General Revenue Fund and the other 50 percent equally to the local government or governments first instituting the suit.|Added by Acts 1981, 67th Leg., p. 2591, ch. 693, Sec. 11, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 102, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 76.181 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter I. Remedies|Section 76.181. Appeal of Denial or Cancellation of Pesticide Registration

Sec. 76.181.  APPEAL OF DENIAL OR CANCELLATION OF PESTICIDE REGISTRATION.  A person whose application for registration of a pesticide has been denied or whose registration for a pesticide has been canceled may appeal the action in the manner provided for appeal of contested cases under Chapter 2001, Government Code.|Acts 1981, 67th Leg., p. 1204, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 419, Sec. 3.17, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 76.182 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter I. Remedies|Section 76.182. Appeal of Permit or License Denial, Suspension, Modification, or Revocation

Sec. 76.182.  APPEAL OF PERMIT OR LICENSE DENIAL, SUSPENSION, MODIFICATION, OR REVOCATION.  A person whose application for an experimental use permit, pesticide dealer license, commercial applicator license, noncommercial applicator license, or private applicator license has been denied or whose experimental use permit, pesticide dealer license, commercial applicator license, noncommercial applicator license, private applicator license, or private applicator certificate has been suspended for more than 10 days, revoked, or modified may appeal the action in the manner provided for appeal of contested cases under Chapter 2001, Government Code.|Acts 1981, 67th Leg., p. 1204, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 103, 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. 3.18, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 76.183 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter I. Remedies|Section 76.183. Appeal of Stop Use, Stop Distribution, or Removal Order

Sec. 76.183.  APPEAL OF STOP USE, STOP DISTRIBUTION, OR REMOVAL ORDER.  (a)  The owner or custodian of a pesticide to which a stop use, stop distribution, or removal order is imposed under Section 76.153 may appeal the order to a court of competent jurisdiction in the county where the pesticide is found.(b)  Appeal under this section is by trial de novo.|Acts 1981, 67th Leg., p. 1204, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 76.184 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 76 - Pesticide and Herbicide Regulation|Subchapter I. Remedies|Section 76.184. Reports of Pesticide Adverse Effects

Sec. 76.184.  REPORTS OF PESTICIDE ADVERSE EFFECTS.  (a)  A person claiming adverse effects from an application of a pesticide may file with the appropriate regulatory agency a complaint report.  The complaint report must contain the name of the person, if known, allegedly responsible for the application of the pesticide and the name of the owner or lessee of the land on which the pesticide was applied.  The regulatory agency shall prepare a form printed in English and Spanish to be furnished to persons for use in filing complaint reports.  The form may contain other information that is within the person's knowledge and requested by the head of the regulatory agency.(b)  As soon as practicable after receiving a complaint report, the regulatory agency shall notify the licensee, the owner or lessee of the land on which the alleged application occurred, and any other person who may be charged with responsibility for the adverse effects claimed.  The regulatory agency shall furnish copies of the complaint to those people on request.(c)  To assess any adverse effects, the complaining party shall permit the regulatory agency and the licensee to observe, within reasonable hours, the land or nontarget organism alleged to have been adversely affected.(d)  Failure to file a complaint does not bar a civil or criminal action from being filed and maintained.(e)  The regulatory agency by rule may adopt procedures to be followed in the investigation of a report claiming adverse effects from an application of the pesticide.|Acts 1981, 67th Leg., p. 1204, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|