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 74 - Cotton Diseases and Pests › Subchapter F. Maintenance Program for Boll Weevil and Pink Bollworm Eradication › Section 74.204. Rules

Sec. 74.204.  RULES.  The department may adopt rules necessary for the implementation and operation of a maintenance program under this subchapter, including rules limiting the balance of maintenance fees that the foundation may carry over from year to year in the foundation budget.
Added by Acts 2005, 79th Leg., Ch. 119 (S.B. 1428), Sec. 3, eff. September 1, 2005.
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 A. General Provisions › Section 76.002. Pests

Sec. 76.002.  PESTS.  The department shall determine what organisms constitute pests for purposes of this chapter and may include in the list of pests:
(1)  any insect, snail, slug, rodent, bird, nematode, fungus, weed, or other form of terrestrial or aquatic plant or animal life;  or
(2)  any virus, bacteria, or other microorganism, other than a virus, bacteria, or other microorganism on or in living man or other living animals.
Acts 1981, 67th Leg., p. 1190, 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 A. General Provisions › Section 76.003. State-Limited-Use Pesticides

Sec. 76.003.  STATE-LIMITED-USE PESTICIDES.  (a)  After notice and public hearing, the department may adopt lists of state-limited-use pesticides for the entire state or for a designated area within the state.
(b)  A pesticide may be included on a list of state-limited-use pesticides if the department determines that, when used as directed or in accordance with widespread and commonly recognized practice, the pesticide requires additional restrictions to prevent unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of use of the pesticide.  However, the department shall not place a pesticide on the state-limited-use list solely on the basis of actual damage or risk of damage to water quality without first obtaining approval from the Texas Natural Resource Conservation Commission based on the impact of the pesticide's use on water quality.
(c)  The department shall formally request an opinion regarding impact on water quality from the Texas Natural Resource Conservation Commission during department consideration of any amendments to the current list of state-limited-use pesticides.
(d)  At the direction of the Texas Natural Resource Conservation Commission in conjunction with its responsibilities pursuant to Chapter 26, Water Code, the department shall consider any formal request to add any pesticide to the state-limited-use list under Subsection (b), and the department shall issue regulations regarding the time, place, and conditions of such pesticide's use.
(e)  The department may regulate the time and conditions of use of a state-limited-use pesticide and may require that it be purchased or used only:
(1)  with permission of the department;
(2)  under direct supervision of the department in certain areas under certain conditions;  or
(3)  in specified quantities and concentrations.
(f)  The department may require a person authorized to distribute or use a state-limited-use pesticide to maintain records of the person's distribution or use and may require that the records be kept separate from other business records.
Acts 1981, 67th Leg., p. 1190, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 80, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 76, Sec. 11.03, 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 A. General Provisions › Section 76.004. Department Rules

Sec. 76.004.  DEPARTMENT RULES.  (a)  The department may adopt rules for carrying out the provisions of this chapter, including rules providing for:
(1)  the collection, examination, and reporting of records, devices, and samples of pesticides;
(2)  the safe handling, transportation, storage, display, distribution, or disposal of pesticides and pesticide containers;
(3)  labeling requirements for pesticides and devices required to be registered under this chapter; and
(4)  compliance with federal pesticide rules and regulations.
(b)  Any rules adopted by the department for the purpose of protection or enhancement of water quality shall not be inconsistent with nor less stringent than rules adopted for the protection or enhancement of water quality by the Texas Natural Resource Conservation Commission pursuant to recommendations of the Texas Groundwater Protection Committee.
Acts 1981, 67th Leg., p. 1190, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 81, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 76, Sec. 11.04, 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. 9.20, 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 A. General Provisions › Section 76.006. Pesticide Examination and Testing

Sec. 76.006.  PESTICIDE EXAMINATION AND TESTING.  (a)  The department may contract with a state college or university, state agency, or commercial laboratory for examination of a pesticide.  The department shall let contracts with commercial laboratories under this subsection on the basis of competitive bidding.
(b)  The department may make or provide for sample tests of a pesticide on request and may charge and collect a fee for the tests in an amount necessary to cover expenses incurred in making or providing for the tests.
Acts 1981, 67th Leg., p. 1191, 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 A. General Provisions › Section 76.008. Exemption

Sec. 76.008.  EXEMPTION.  Sections 76.007, 76.104-76.106, 76.108-76.117, 76.151(b), 76.151(c), 76.154(b), 76.155, 76.181, 76.182, 76.184, and 76.201(d)(1) do not apply to a person who is regulated by Chapter 1951, Occupations Code.
Acts 1981, 67th Leg., p. 1191, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.751, eff. Sept. 1, 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 A. General Provisions › Section 76.009. Pesticide Disposal Fund

Sec. 76.009.  PESTICIDE DISPOSAL FUND.  (a)  The pesticide disposal fund is a fund in the state treasury outside the general revenue fund. The fund consists of:
(1)  money deposited to the credit of the fund under Section 76.044; and
(2)  interest earned on the investment of money in the fund.
(b)  The department shall administer the fund.  Money in the fund may be appropriated only for the purposes of the pesticide waste and pesticide container collection activities performed under Section 76.132.
Added by Acts 2019, 86th Leg., R.S., Ch. 1025 (H.B. 191), Sec. 1, 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 B. Labeling › Section 76.021. Labeling Information

Sec. 76.021.  LABELING INFORMATION.  (a)  Each pesticide distributed in this state shall bear a label containing the following information relating to the pesticide:
(1)  the label information required by FIFRA, if the pesticide is subject to registration under that law;  or
(2)  the following information, if the pesticide is not subject to registration under FIFRA:
(A)  the name, brand, or trademark under which the pesticide is distributed;
(B)  the name and percentage of each active ingredient and the total percentage of inert ingredients;
(C)  directions for use that are necessary for effecting the purpose for which the product is intended and, if complied with, are adequate for the protection of health and the environment;
(D)  if the pesticide contains any form of arsenic, the percentage of total water-soluble arsenic, calculated as elementary arsenic;
(E)  the name and address of the manufacturer, registrant, or person for whom the pesticide was manufactured;
(F)  numbers or other symbols to identify the lot or batch of the manufacturer of the contents of the package;  and
(G)  a clear display of appropriate warnings, symbols, and cautionary statements commensurate with the toxicity or use classification of the pesticide.
(b)  The label bearing the ingredient statement under Subsection (a)(2)(B) of this section shall be on or attached to that part of the immediate container that is presented or displayed under customary conditions of purchase and, if the ingredient statement cannot be clearly read without removing the outer wrapping, on any outer container or wrapper of a retail package.
Acts 1981, 67th Leg., p. 1191, 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 B. Labeling › Section 76.022. Conspicuous Lettering

Sec. 76.022.  CONSPICUOUS LETTERING.  Any word, statement, or information required by this chapter to appear on a label or in labeling of a pesticide or device registered by the department shall be prominently and conspicuously placed so that, if compared with other material on the label or in the labeling, it is likely to be understood by the ordinary individual under customary conditions of use.
Acts 1981, 67th Leg., p. 1192, 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 B. Labeling › Section 76.023. Misbranded Pesticide or Device

Sec. 76.023.  MISBRANDED PESTICIDE OR DEVICE.  (a)  A pesticide or device is misbranded if:
(1)  it is subject to registration under FIFRA and it does not fully comply with the labeling requirements of the United States Environmental Protection Agency;  or
(2)  it is not subject to registration under FIFRA and:
(A)  its labeling bears a statement, design, or graphic representation relating to the pesticide or device, or the ingredients of either, that is false or misleading in any particular;
(B)  it is an imitation of or is distributed under the name of another pesticide or device;  or
(C)  it is not conspicuously labeled in accordance with Section 76.022 of this code.
(b)  A pesticide is misbranded if:
(1)  its labeling bears any reference to registration under this chapter, unless the reference is required by a rule adopted under this chapter;
(2)  it does not bear a label as required by Section 76.021 of this code;  or
(3)  its label does not bear information as required by Section 76.021 of this code or a rule adopted under this chapter.
Acts 1981, 67th Leg., p. 1192, 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 C. Registration › Section 76.042. Content of Registration Application

Sec. 76.042.  CONTENT OF REGISTRATION APPLICATION.  (a)  The application for registration of a pesticide shall include:
(1)  the name and address of the applicant and the name and address of the person whose name will appear on the pesticide label, if not the applicant's;
(2)  the name of the pesticide;
(3)  a complete copy of all labeling to accompany the pesticide and a statement of all claims to be made for it, including the directions for use and, if the pesticide is required to be registered with the United States Environmental Protection Agency, a copy of the Environmental Protection Agency stamped accepted labeling and any applicable comment pages;
(4)  the use classification, whether for restricted or general use, as provided by the federal Insecticide, Fungicide, and Rodenticide Act, as amended, or by a rule adopted under that Act;
(5)  the use classification proposed by the applicant, if the pesticide is not required by federal law to be registered under a use classification;  and
(6)  other information required by the department for determining the eligibility for registration.
(b)  The department may require the applicant to submit the complete formula for a pesticide, including active and inert ingredients, as a prerequisite to registration.
(c)  The department may require a full description of the tests made and the results of the tests on which claims are based before approving registration of a pesticide that is not registered under federal law or for which federal or state restrictions on use are being considered.
(d)  A person located outside this state, as a condition to registration of a pesticide, shall file with the department 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 person may designate in writing the secretary of state as the recipient of service of process for the person in this state.
Acts 1981, 67th Leg., p. 1192, 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 C. Registration › Section 76.043. Expiration and Renewal

Sec. 76.043.  EXPIRATION AND RENEWAL.  (a)  Registration of a pesticide expires on the second anniversary of the date of its approval or renewal except that the department shall by rule adopt a system under which registrations expire on various dates during the year.
(b)  A person who applies for renewal of registration shall include in the renewal application only information that is different from the information furnished at the time of the most recent registration or renewal.
(c)  A registration in effect on its expiration date for which a renewal application has been filed and renewal fee has been paid continues in effect until the department notifies the applicant that the registration has been renewed or denied renewal.
Acts 1981, 67th Leg., p. 1193, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 419, Sec. 6.03, 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 C. Registration › Section 76.044. Fees

Sec. 76.044.  FEES.  (a)  The department shall charge a fee, as provided by department rule, for each pesticide to be registered.  The fee must be submitted with an application for registration or renewal of registration.
(b)  A person who fails to apply for renewal of registration on or before the expiration date of the registration must pay, in addition to the renewal fee, the late fee provided by Section 12.024 of this code for each brand to be renewed.
(c)  Of the money received by the department under this section, the department shall annually deposit to the credit of the pesticide disposal fund under Section 76.009 an amount to cover the cost of administering the pesticide waste and pesticide container collection activities performed under Section 76.132, not to exceed $400,000. The department may not increase the amount of a fee under this section for purposes of this subsection or Section 76.132.
Acts 1981, 67th Leg., p. 1193, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 4284, ch. 682, Sec. 5, eff. Sept. 1, 1983;  Acts 1989, 71st Leg., ch. 230, Sec. 83, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 9.08, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 419, Sec. 2.35, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1025 (H.B. 191), Sec. 2, 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 C. Registration › Section 76.045. Registration for Special Local Need

Sec. 76.045.  REGISTRATION FOR SPECIAL LOCAL NEED.  (a)  The department may register a pesticide for additional uses and methods of application not covered by federal registration but not inconsistent with federal law, for the purpose of meeting a special local need.
(b)  Before approving a registration under this section, the department shall determine that the applicant meets the other requirements of this subchapter.
Acts 1981, 67th Leg., p. 1193, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Agriculture Code Sec. 76.046 and 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 C. Registration › Section 76.046. Denial or Cancellation of Registration

Sec. 76.046.  DENIAL OR CANCELLATION OF REGISTRATION.  (a)  If the department has reason to believe that any use of a registered pesticide is in violation of a provision of this chapter or is dangerous or harmful, the department shall determine whether a hearing shall be held under Section 12.032 on denial or cancellation of registration.
(b)  The department shall issue written notice of a hearing under this section to the registrant of the pesticide.  The notice must contain a statement of the time and place of the hearing.  The hearing shall be held after the 10th day following the day on which the notice is issued.
(c)  After opportunity at the hearing for presentation of evidence by interested parties, the department may deny or cancel the registration of the pesticide if the department finds that:
(1)  use of the pesticide has demonstrated uncontrollable adverse environmental effects;
(2)  use of the pesticide is a detriment to the environment that outweighs the benefits derived from its use;
(3)  even if properly used, the pesticide is detrimental to vegetation, except weeds, to domestic animals, or to public health and safety;
(4)  a false or misleading statement about the pesticide has been made or implied by the registrant or the registrant's agent, in writing, verbally, or through any form of advertising literature;  or
(5)  the registrant has not complied or the pesticide does not comply with a requirement of this chapter or a rule adopted under this chapter.
Acts 1981, 67th Leg., p. 1194, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 419, Sec. 3.13, eff. Sept. 1, 1995.  Renumbered from Agriculture Code Sec. 76.047 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 C. Registration › Section 76.047. Experimental Use Permit

Sec. 76.047.  EXPERIMENTAL USE PERMIT.  (a)  The department may issue an experimental use permit if the department determines that the applicant needs the permit in order to accumulate data necessary to register a pesticide under this chapter.
(b)  A person may file an application for an experimental use permit before or after applying for registration.
(c)  Use of a pesticide under an experimental use permit is under the supervision of the department and is subject to the terms and conditions, and valid for a period of time, prescribed by the department in the permit.
(d)  The department may charge a fee for issuing a permit under this section in an amount equal to the amount charged for registration under Section 76.044(a).
(e)  The department may revoke an experimental use permit at any time if the department finds that:
(1)  the terms or conditions of the permit are being violated;  or
(2)  the terms and conditions of the permit are inadequate to avoid any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of use of the pesticide.
Acts 1981, 67th Leg., p. 1194, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Agriculture Code Sec. 76.048 and 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 D. Licensing of Dealers › Section 76.071. License Required

Sec. 76.071.  LICENSE REQUIRED.  (a)  A person may not distribute in this state a restricted-use or state-limited-use pesticide or regulated herbicide without a valid current pesticide dealer license issued by the department.
(b)  Except as otherwise provided by this section, a pesticide dealer must obtain a license for each location in the state that is used for distribution.  If the person does not have a place of business in this state, the person may obtain one license for all out-of-state locations, but shall file as a condition to licensing a designation of an agent for service of process as provided by Section 76.042(d) of this code.
(c)  A person must apply for a pesticide dealer license on forms prescribed by the department.
(d)  A pesticide dealer may not distribute a restricted-use or state-limited-use pesticide or a regulated herbicide except to:
(1)  a person licensed as a commercial applicator, noncommercial applicator, or private applicator;
(2)  an individual working under the direct supervision of a licensed applicator;
(3)  a certified private applicator;
(4)  a licensed pesticide dealer;  or
(5)  a person who is licensed to practice veterinary medicine by the State Board of Veterinary Medical Examiners.
Acts 1981, 67th Leg., p. 1194, 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 D. Licensing of Dealers › Section 76.072. Expiration

Sec. 76.072.  EXPIRATION.  A pesticide dealer license expires on the second anniversary of the date of its granting or renewal unless the department by rule adopts a system under which licenses expire on specified dates during a year.
Acts 1981, 67th Leg., p. 1195, 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 D. Licensing of Dealers › Section 76.073. Fees

Sec. 76.073.  FEES.  (a)  An application for a pesticide dealer license must be accompanied by a registration fee, as fixed by the department.
(b)  A person who fails to apply for renewal of a pesticide dealer license on or before the expiration date of the license must pay, in addition to the renewal fee, the late fee provided by Section 12.024 of this code.
Acts 1981, 67th Leg., p. 1195, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 84, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 419, Sec. 2.36, 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 D. Licensing of Dealers › Section 76.074. Display of Dealer License

Sec. 76.074.  DISPLAY OF DEALER LICENSE.  (a)  Each dealer shall prominently display the pesticide dealer license in the dealer's place of business.
(b)  Failure to display a license as required by this section is a ground for revocation of the license.
Acts 1981, 67th Leg., p. 1195, 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 D. Licensing of Dealers › Section 76.075. Records

Sec. 76.075.  RECORDS.  (a)  A person required to obtain a dealer's license by Section 76.071 shall record each distribution of a restricted-use or state-limited-use pesticide or regulated herbicide and shall maintain a copy of the record for at least two years after the date of the distribution.
(b)  The department shall adopt rules that prescribe the information to be stated in the records required by this section.
(c)  The department may require that a copy of the records required by this section be submitted periodically to the department.
(d)  The department may revoke a dealer's license if the licensee fails to submit a copy of a record as required under Subsection (c) or makes false or fraudulent records, invoices, or reports.
Acts 1981, 67th Leg., p. 1195, 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 D. Licensing of Dealers › Section 76.076. Denial, Revocation, Modification, or Suspension of License

Sec. 76.076.  DENIAL, REVOCATION, MODIFICATION, OR SUSPENSION OF LICENSE.  (a)  The department may deny an application for a dealer's license if the applicant fails to comply with this chapter.  The department may revoke, modify, or suspend a license, assess an administrative penalty, place on probation a person whose license has been suspended, or reprimand a licensee for a violation of this chapter or a rule adopted by the department under this chapter.
(b)  If a license suspension is probated, the department may require the person to:
(1)  report regularly to the department on matters that are the basis of the probation;  or
(2)  limit business to the areas prescribed by the department.
(c)  If the department proposes to deny a person's application for a pesticide dealer license or to revoke, modify, or suspend a person's license, the person is entitled to a hearing conducted under Section 12.032.  The decision of the department is appealable in the same manner as provided for contested cases under Chapter 2001, Government Code.
Acts 1981, 67th Leg., p. 1195, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 85, 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. 3.14, 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 D. Licensing of Dealers › Section 76.077. Exceptions

Sec. 76.077.  EXCEPTIONS.  (a)  This subchapter does not apply to a manufacturer or formulator of a pesticide who does not sell directly to the user.
(b)  This subchapter does not apply to a licensed pesticide applicator who:
(1)  distributes restricted-use or state-limited-use pesticides or regulated herbicides only as an integral part of the pesticide application business;  and
(2)  dispenses the pesticides only through equipment used in the pesticide application business.
(c)  This subchapter does not apply to a federal, state, county, or municipal agency that provides pesticides only for its own programs.
Acts 1981, 67th Leg., p. 1196, 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 76.102. Agencies Responsible for Licensing Pesticide Applicators

Sec. 76.102.  AGENCIES RESPONSIBLE FOR LICENSING PESTICIDE APPLICATORS.  The department shall license pesticide applicators involved in the following license use categories:
(1)  agricultural pest control, including animal pest control;
(2)  forest pest control;
(3)  ornamental and turf pest control, except as provided by Chapter 1951, Occupations Code;
(4)  seed treatments;
(5)  right-of-way pest control;
(6)  regulatory pest control;
(7)  aquatic pest control;
(8)  demonstration pest control;
(9)  health-related pest control; and
(10)  other license use categories as necessary to comply with federal requirements.  The department may not adopt license use categories that are designated by statute for regulation by another agency.
Acts 1981, 67th Leg., p. 1196, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., p. 2589, ch. 693, Sec. 1, eff. Sept. 1, 1981;  Acts 1989, 71st Leg., ch. 230, Sec. 87, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.752, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1278 (H.B. 1530), Sec. 1, 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 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.
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 76.104. 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.
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 76.106. 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.
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 76.107. 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.
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 76.108. 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.
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 76.1095. 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.
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 76.110. 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.
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 76.113. 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.
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 76.114. 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.