reglab/housing_qa huggingface dataset:
TX Agric Code § 76.103 (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 76.103. Program Contingent on Federal Funds

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.|
TX Agric Code § 76.104 (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 76.104. Agency Rules for Application of a Pesticide

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.|
TX Agric Code § 76.106 (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 76.106. Classification of Licenses

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.|
TX Agric Code § 76.107 (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 76.107. Licensing by More Than One Agency

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.|
TX Agric Code § 76.108 (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 76.108. Commercial Applicator License

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.|
TX Agric Code § 76.1095 (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 76.1095. Noncommercial Applicator License for Mosquito Control in Border Counties

Sec. 76.1095.  NONCOMMERCIAL APPLICATOR LICENSE FOR MOSQUITO CONTROL IN BORDER COUNTIES.  (a)  The department by rule shall provide for the issuance of a noncommercial applicator license that authorizes a person to purchase and use restricted-use and state-limited-use pesticides for the limited purpose of mosquito control in a county located along the international border with Mexico.  To the extent practicable, the department shall minimize the fees and other requirements to obtain the license.(b)  A person may apply to the department for an original or renewal noncommercial applicator license described by Subsection (a).  A person must apply on forms prescribed by the department and include a fee in an amount determined by the department.(c)  The department shall issue a noncommercial applicator license described by Subsection (a) to an applicant who meets the license requirements provided by department rule.(d)  The department may solicit and accept gifts, grants, and donations to implement and administer this section.  The department shall coordinate with appropriate federal agencies, state agencies, nonprofit organizations, public and private hospitals, institutions of higher education, and private entities in identifying and soliciting funding to implement and administer this section.|Added by Acts 2019, 86th Leg., R.S., Ch. 398 (S.B. 1312), Sec. 1, eff. June 2, 2019.|
TX Agric Code § 76.110 (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 76.110. Commercial and Noncommercial Applicator Examination; Reciprocal Agreements

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.|
TX Agric Code § 76.113 (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 76.113. Term and Renewal of Licenses

Sec. 76.113.  TERM  AND RENEWAL OF LICENSES.  (a)  Each pesticide applicator license issued under this chapter, other than a private applicator license, expires at the end of the license period established by department rule.(b)  Each private applicator license is valid for five years.(c)  Except as provided by Subsection (d) of this section, a person having a valid license issued under this subchapter may renew the license for another term without retesting by paying to the regulatory agency the license fee required by this subchapter.  A person who fails to apply for renewal of a license on or before the expiration date must pay, in addition to the annual license fee, the late fee provided by Section 12.024 of this code.(d)  A licensee must undertake training, submit to retesting, or both, before renewal of a license if the head of the agency determines that additional knowledge is required for renewal.|Acts 1981, 67th Leg., p. 1201, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., p. 2591, ch. 693, Sec. 8, eff. Sept. 1, 1981;  Acts 1989, 71st Leg., ch. 230, Sec. 97, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2005, 79th Leg., Ch. 44 (H.B. 901), Sec. 2, eff. September 1, 2005.Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 6.04, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 6.05, eff. September 1, 2009.|
TX Agric Code § 76.114 (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 76.114. Records

Sec. 76.114.  RECORDS.  (a)  A regulatory agency shall require each commercial and noncommercial applicator licensee to maintain records of all pesticide applications. The department may require each commercial or noncommercial applicator licensee to keep records of the licensee's application of a specific restricted-use or state-limited-use pesticide or regulated herbicide and may require those records to be kept separate from other business records.  The regulatory agency by rule shall prescribe the information to be entered into the records.(b)  Each private applicator shall maintain records of regulated herbicide and state-limited-use pesticide applications and shall maintain those records of restricted-use pesticide applications required by federal law.(c)  A licensee shall keep records required under this section for a period of two years from the date of the pesticide application.  The licensee shall keep these records accessible and available for copying and shall store them in a location suitable to preserve their physical integrity.(d)  On written request of the regulatory agency, a licensee shall furnish the department a copy of any requested record pertaining to the application of pesticides.  The department may require all persons who apply a regulated herbicide to submit periodically to the department a copy of the records required by this section.|Acts 1981, 67th Leg., p. 1201, ch. 388, Sec. 1, eff. Sept. 1, 1981;  Acts 1989, 71st Leg., ch. 230, Sec. 98, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 76.115 (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 76.115. Inspection of Equipment

Sec. 76.115.  INSPECTION OF EQUIPMENT.  (a)  Each regulatory agency may inspect equipment used in the application of a restricted-use or state-limited-use pesticide.(b)  A regulatory agency may require repairs or alterations of equipment before further use in the application of restricted-use or state-limited-use pesticides.(c)  The department by rule may:(1)  provide requirements for and inspect equipment used to apply regulated herbicides;  and(2)  regulate or prohibit the use of certain equipment in the application of regulated herbicides if that use would be hazardous in an area of the state.(d)  Each piece of registered equipment shall be identified by a license plate or decal furnished by a regulatory agency at no cost to the licensee.  The license plate or decal must be attached to the equipment in a manner and location prescribed by the regulatory agency.|Acts 1981, 67th Leg., p. 1201, 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 § 76.117 (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 76.117. Property Owner Use

Sec. 76.117.  PROPERTY OWNER USE.  This chapter does not prohibit a property owner from using in the property owner's house, lawn, or garden a pesticide that is labeled for that use, other than a pesticide that may be registered or classified for use only by certified applicators.|Acts 1981, 67th Leg., p. 1202, 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 § 76.118 (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 76.118. Exemption for Licensed Veterinarians

Sec. 76.118.  EXEMPTION FOR LICENSED VETERINARIANS.  The other provisions of this chapter notwithstanding, a person who is licensed to practice veterinary medicine by the State Board of Veterinary Medical Examiners and who is only using a restricted-use or state-limited-use pesticide or a regulated herbicide as a drug or medication during the course of the veterinarian's normal practice or as a private applicator may not be required to obtain a license under this chapter to purchase or use the restricted-use or state-limited-use pesticide or regulated herbicide.|Added by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 76.119 (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 76.119. Disclosure of Information Relating to Private Pesticide Applicator License Holders

Sec. 76.119.  DISCLOSURE OF INFORMATION RELATING TO PRIVATE PESTICIDE APPLICATOR LICENSE HOLDERS.  (a)  In this section, "predator control device" means a device that incorporates an active ingredient and is used for the control of livestock predators.(b)  Except as provided by Subsection (c), a governmental entity in this state may not disclose:(1)  the name, address, or telephone number of a person who holds a private pesticide applicator license issued under this subchapter and is authorized to use a predator control device if disclosure of the person's name, address, or telephone number would reveal that the person:(A)  is authorized to use a predator control device;(B)  has used a predator control device;  or(C)  has the intent to use a predator control device;(2)  the name, address, or telephone number of the owner or operator of land on which a predator control device has been used, is being used, or is intended to be used, if disclosure of the information would reveal that use or intended use;  or(3)  information identifying the land on which a predator control device has been used, is being used, or is intended to be used, if disclosure of the information would reveal the name, address, or telephone number of the owner or operator of the land.(c)  A governmental entity may disclose to the following the name, address, or telephone number of a person who holds a private pesticide applicator license issued under this subchapter, who is authorized to use a predator control device, and who either has used a predator control device or has the intent to use a predator control device:(1)  a person who holds a pesticide dealer license under Section 76.071 and is authorized to distribute predator control devices;(2)  another governmental entity in this state in connection with official business;(3)  the United States Environmental Protection Agency under a cooperative agreement entered into with that agency;(4)  any other agency of the United States that provides the governmental entity with an administrative or judicial subpoena for the information;  or(5)  the appropriate agency or court in an administrative or judicial proceeding in which the private pesticide applicator license holder is a defendant.(d)  A governmental entity and the officers and employees of the governmental entity are immune from civil or criminal liability for an unintentional violation of this section.|Added by Acts 2003, 78th Leg., ch. 1059, Sec. 1, eff. June 20, 2003.|