reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 76.185. Damages Resulting From Application of Pesticide Under Government Program

Sec. 76.185.  DAMAGES RESULTING FROM APPLICATION OF PESTICIDE UNDER GOVERNMENT PROGRAM.  Notwithstanding other law, the owner or lessee of land on which a pesticide is applied is not responsible for damages resulting from the application of the pesticide or subject to a criminal or civil penalty in connection with the application of the pesticide if:
(1)  the pesticide is applied under a local, state, or federal government program that requires the application of the pesticide to the land;  and
(2)  the owner or lessee of the land on which the pesticide is applied does not control or have a right to control the time and manner of the application of the pesticide to the land.
Added by Acts 1995, 74th Leg., ch. 227, Sec. 23, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.
2023 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 J. Penalties › Section 76.202. Penalty

Sec. 76.202.  PENALTY.  (a)  Except as provided by Subsection (b) of this section, an offense under Section 76.201 of this code is a Class C misdemeanor, unless the person has been previously convicted of an offense under that section, in which event the offense is a Class B misdemeanor.
(b)  An offense under Section 76.201(e) of this code is a Class A misdemeanor, unless the person has been previously convicted of an offense under that subsection, in which event the offense is a felony of the third degree.
Acts 1981, 67th Leg., p. 1206, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., p. 2591, ch. 693, Sec. 12, eff. Sept. 1, 1981;  Acts 1983, 68th Leg., p. 4865, ch. 857, Sec. 3, eff. Sept. 1, 1983;  Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.
2023 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 J. Penalties › Section 76.203. Defenses

Sec. 76.203.  DEFENSES.  (a)  It is a defense to prosecution under this subchapter that the defendant:
(1)  is a carrier who was lawfully engaged in transporting a pesticide or device within this state and who, on request, permitted the department to copy all records showing the transactions in and movement of the pesticide or device;
(2)  is a public official of this state or the federal government who was engaged in the performance of an official duty in administering state or federal pesticide law or engaged in pesticide research;
(3)  is the manufacturer or shipper of a pesticide that was for experimental use only by or under the supervision of an agency of this state or of the federal government authorized by law to conduct research in the field of pesticides and the manufacturer or shipper held a valid experimental use permit as provided by this chapter;  and
(4)  manufactured or formulated a pesticide or device solely for export to a foreign country and prepared or packed the pesticide or device according to the specifications or directions of the purchaser.
(b)  It is a defense to prosecution under Section 76.201(a)(3) of this code that the defendant is an applicator who, after acquiring an unbroken container, opened and transported the open container to and from application and storage sites as necessary.
(c)  It is an affirmative defense to prosecution under Section 76.201(e) of this code that the defendant was using, causing to be used, handling, storing, or disposing of the pesticide in accordance with a label that complied with this chapter and rules adopted under this chapter.
Acts 1981, 67th Leg., p. 1206, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 4865, ch. 857, Sec. 4, eff. Sept. 1, 1983;  Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 77 - Fire Ant Control › Section 77.001. Commissioners Court May Establish Program

Sec. 77.001.  COMMISSIONERS COURT MAY ESTABLISH PROGRAM.  The commissioners court of any county may establish, implement, and conduct a program for the eradication or control of the imported fire ant.
Acts 1981, 67th Leg., p. 1207, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1987, 70th Leg., ch. 628, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 2.001, eff. September 1, 2019.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 77 - Fire Ant Control › Section 77.002. Coordination With Other Programs

Sec. 77.002.  COORDINATION WITH OTHER PROGRAMS.  The program established under this chapter may be conducted independently of or in conjunction with any related program conducted and financed by private or other public entities.
Acts 1981, 67th Leg., p. 1207, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1987, 70th Leg., ch. 628, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 2.001, eff. September 1, 2019.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 77 - Fire Ant Control › Section 77.003. Cost of Program

Sec. 77.003.  COST OF PROGRAM.  The commissioners court may expend any available county funds to pay for all or its share of the cost of a program established under this chapter, including funds derived from taxation under the 80-cent limitation of Article VIII, Section 9, of the Texas Constitution.
Acts 1981, 67th Leg., p. 1207, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1987, 70th Leg., ch. 628, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 2.001, eff. September 1, 2019.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter A. General Provisions › Section 78.001. Definitions

Sec. 78.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of directors of a district.
(2)  "District" means a noxious weed control district.
Acts 1981, 67th Leg., p. 1209, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter A. General Provisions › Section 78.002. Legislative Determination

Sec. 78.002.  LEGISLATIVE DETERMINATION.  The legislature has determined that:
(1)  noxious weeds are present in this state to a degree that poses a threat to agriculture and is deleterious to the proper use of soil and other natural resources;  and
(2)  reclamation of land from noxious weeds is a public right and duty in the interest of conservation and development of the natural resources of the state.
Acts 1981, 67th Leg., p. 1209, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter A. General Provisions › Section 78.003. Noxious Weed

Sec. 78.003.  NOXIOUS WEED.  For the purposes of this chapter, a weed or plant is considered to be a noxious weed if declared to be a noxious weed by:
(1)  a law of this state;  or
(2)  the department acting under the authority of Chapter 61 of this code or any other law of this state.
Acts 1981, 67th Leg., p. 1209, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter A. General Provisions › Section 78.004. Eligibility to Sign Petition

Sec. 78.004.  ELIGIBILITY TO SIGN PETITION.  In order to sign a petition under this chapter, a person must:
(1)  hold title to land located in the district or proposed district;
(2)  be 18 years of age or older;  and
(3)  reside in a county all or part of which is located in a district or proposed district.
Acts 1981, 67th Leg., p. 1209, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter A. General Provisions › Section 78.005. Eligibility for Voting

Sec. 78.005.  ELIGIBILITY FOR VOTING.  In order to vote in an election under this chapter, a person must:
(1)  be a qualified voter;
(2)  reside in the district or in the proposed district;
(3)  own taxable property within the district;  and
(4)  have rendered the property to the county tax assessor for taxation as required by law.
Acts 1981, 67th Leg., p. 1209, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter B. Creation of District › Section 78.011. Petition for Creation of District

Sec. 78.011.  PETITION FOR CREATION OF DISTRICT.  (a)  Landowners may petition a commissioners court for the creation of a noxious weed control district authorized under Article XVI, Section 59, of the Texas Constitution.
(b)  The petition must contain:
(1)  the signatures of 50 persons eligible to sign the petition or of a majority of the persons eligible to sign the petition, whichever is the lesser number;
(2)  the name of the proposed district;  and
(3)  the boundaries of the proposed district.
(c)  The petition may consist of more than one copy, and the signatures on each copy shall be added to determine if the total number of signatures required by this section have been obtained.
Acts 1981, 67th Leg., p. 1210, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter B. Creation of District › Section 78.012. Filing Petition

Sec. 78.012.  FILING PETITION.  (a)  The petition must be filed in the commissioners court of the county in which the largest part of the district is located.
(b)  The person filing the petition shall deposit $500 in cash with the county clerk of the county in which the petition is filed.
Acts 1981, 67th Leg., p. 1210, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter B. Creation of District › Section 78.013. District Boundaries; Name

Sec. 78.013.  DISTRICT BOUNDARIES;  NAME.  (a)  A district may include:
(1)  a political subdivision or a defined district of this state;
(2)  one or more counties, or a portion of one or more counties;
(3)  all or a portion of a town, village, or municipal corporation;  or
(4)  a body of land separated from the rest of the district.
(b)  A district may not include:
(1)  less than 32,000 acres;
(2)  territory located in more than five counties;
(3)  territory in more than one county, unless approved by the majority vote of eligible voters who reside in the territory in each county proposed to be included in the district;  or
(4)  land located in another district.
(c)  A district must bear a name containing the words "noxious weed control district."
Acts 1981, 67th Leg., p. 1210, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter B. Creation of District › Section 78.014. Hearing Required

Sec. 78.014.  HEARING REQUIRED.  After receiving a petition for the creation of a district, the commissioners court shall set a date for a hearing to determine if an election should be held to create a district.  The hearing may be held at a regular or special session of the court.
Acts 1981, 67th Leg., p. 1210, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter B. Creation of District › Section 78.015. Notice of Hearing

Sec. 78.015.  NOTICE OF HEARING.  (a)  Except as provided by Subsection (b) of this section, the county clerk shall give notice of a hearing required by Section 78.014 of this code by publishing the notice two or more times, with an interval of seven or more days between the first and second publication, in a newspaper of general circulation in each county in which the proposed district will be located.
(b)  If a county in which a proposed district will be located does not have a newspaper of general circulation, the county clerk shall give notice by posting the notice for two weeks or longer in four public places within the part of the county that is located in the proposed district.
(c)  Notice required by this section must contain a statement of:
(1)  the purpose of the hearing;
(2)  the date, time, and place of the hearing;  and
(3)  the boundaries of the district, which may be defined by a general description that need not be a full legal description of the district.
Acts 1981, 67th Leg., p. 1210, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter B. Creation of District › Section 78.016. Hearing

Sec. 78.016.  HEARING.  At a hearing required by Section 78.014 of this code, a person whose land is included in or may be affected by the proposed district may appear before the commissioners court and testify for or against the creation of the district.  If the hearing lasts longer than one day, the commissioners court may adjourn the hearing to another day.
Acts 1981, 67th Leg., p. 1211, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter B. Creation of District › Section 78.017. Action After Hearing

Sec. 78.017.  ACTION AFTER HEARING.  At the conclusion of a hearing required under Section 78.014 of this code, the commissioners court may:
(1)  on a determination that the proposed district will provide a public benefit to a substantial portion of the land within the district, grant the petition;
(2)  on a determination that certain land in the district will not benefit from the creation of the district, redefine the proposed district to exclude that land and grant the petition;  or
(3)  on a determination that the proposed district will not offer a public benefit or benefit to a substantial portion of the land included in the proposed district, refuse the petition.
Acts 1981, 67th Leg., p. 1211, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter B. Creation of District › Section 78.018. Notice of Election; Election Orders

Sec. 78.018.  NOTICE OF ELECTION;  ELECTION ORDERS.  (a)  After granting a petition under Section 78.017 of this code, the commissioners court shall order an election to be held to determine whether a district should be created.
(b)  If the proposed district is located entirely in one county, the county clerk shall post the notice at the county's courthouse door and at four public places within the proposed district.  If the proposed district is located in more than one county, the county clerk shall post the notice at each county's courthouse door and at four public places within the proposed district in each county.
(c)  The county clerk shall post the notice before the 30th day prior to the date of the election.
(d)  The notice must contain a statement of:
(1)  the purpose of the election;
(2)  the time of the election;
(3)  the locations at which the election will be held;  and
(4)  the boundaries of the proposed district.
Acts 1981, 67th Leg., p. 1211, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter B. Creation of District › Section 78.019. Election

Sec. 78.019.  ELECTION.  (a)  Except as otherwise provided by this section, the procedure for conducting an election must be in compliance with the election laws of this state.
(b)  The commissioners court by order shall:
(1)  create voting precincts in the proposed district;
(2)  select a polling place or polling places within the precincts, taking into consideration the convenience of the voters;  and
(3)  appoint judges and other necessary election officers.
(c)  Each eligible voter is entitled to vote at the election.
(d)  Ballots for the election must be printed to provide for voting for or against the proposition:  "Creating the district and making a uniform assessment of benefits not to exceed six cents per acre."
Acts 1981, 67th Leg., p. 1211, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter B. Creation of District › Section 78.020. Returns; Effect of Election

Sec. 78.020.  RETURNS;  EFFECT OF ELECTION.  (a)  Immediately after the election, the election officers shall forward the results to the commissioners court.  The commissioners court shall canvass the vote and enter an order declaring the result of the election.
(b)  If the proposed district is located entirely in one county, the commissioners court shall issue an order declaring the creation of the district if the majority of votes cast in the county are for the proposition.  If the proposed district is located in more than one county, the commissioners court shall issue an order declaring the creation of the district composed only of land in those counties in which a majority of votes are cast for the proposition.
(c)  The commissioners court shall send a copy of the order to the county clerk of each county in which a portion of the district is located, and the county clerk shall file the order as a public record.
Acts 1981, 67th Leg., p. 1212, ch. 388, Sec. 1, eff. Sept. 1, 1981.