CHAPTER 76. PESTICIDE AND HERBICIDE REGULATION

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

Sec. 76.001. DEFINITIONS. In this chapter:

(1) "Active ingredient" means:

(A) in the case of a pesticide other than a plant regulator,

defoliant, or desiccant, an ingredient that prevents, destroys,

repels, or mitigates a pest;

(B) in the case of a plant regulator, an ingredient that through

physiological action accelerates or retards the rate of growth or

rate of maturation or otherwise alters the behavior of an

ornamental or crop plant or the product of an ornamental or crop

plant;

(C) in the case of a defoliant, an ingredient that causes leaves

or foliage to drop from a plant; or

(D) in the case of a desiccant, an ingredient that artificially

accelerates the drying of plant tissue.

(2) "Animal" means a vertebrate or invertebrate species,

including man, other mammals, birds, fish, and shellfish.

(3) "Antidote" means a practical treatment used in preventing or

lessening ill effects from poisoning, including first aid.

(4) "Application of a herbicide" means the spreading of a

herbicide on real property having a continuous boundary line.

(5) "Defoliant" means a substance or mixture of substances

intended to cause the leaves or foliage to drop from a plant,

with or without causing abscission.

(6) "Department" means the Department of Agriculture.

(7) "Desiccant" means a substance or mixture of substances

intended to artificially accelerate the drying of plant tissue.

(8) "Device" means an instrument or contrivance, other than a

firearm, that is used to trap, destroy, repel, or mitigate a pest

or other form of plant or animal life, other than man or a

bacteria, virus, or other microorganism on or in living man or

other living animals. The term does not include equipment sold

separately from a pesticide.

(9) "Distribute" means offer for sale, hold for sale, sell,

barter, or supply.

(10) "Environment" includes water, air, land, plants, man, and

other animals living in or on water, air, or land, and the

interrelationships that exist among them.

(11) "Equipment" means any type of ground, water, or aerial

equipment or contrivance employing motorized, mechanical, or

pressurized power and used to apply a pesticide to land or to

anything that may be inhabiting or growing or stored on or in the

land. The term does not include a pressurized hand-sized

household apparatus used to apply a pesticide or any equipment or

contrivance for which the person applying the pesticide is the

source of power or energy used in making the pesticide

application.

(12) "FIFRA" means the Federal Insecticide, Fungicide, and

Rodenticide Act (7 U.S.C. Section 136 et seq.).

(13) "Fungus" means a non-chlorophyll-bearing thallophyte,

including rust, smut, mildew, mold, yeast, or bacteria, but not

including a non-chlorophyll-bearing thallophyte on or in living

man or other living animals or on or in a processed food,

beverage, or pharmaceutical.

(14) "Inert ingredient" means an ingredient that is not an

active ingredient.

(15) "Insect" means any of the numerous small invertebrate

animals generally having a segmented body and for the most part

belonging to the class Insecta, comprising six-legged, usually

winged forms such as beetles, bugs, bees, and flies. The term

includes allied classes of arthropods, the members of which are

wingless and usually have more than six legs, such as spiders,

mites, ticks, centipedes, and wood lice.

(16) "Label" means the written, printed, or graphic matter on or

attached to a pesticide or device or any of its containers or

wrappers.

(17) "Labeling" means a label or any other written, printed, or

graphic matter prepared by a registrant:

(A) accompanying the pesticide or device at any time; or

(B) to which reference is made on a label or in literature

accompanying or referring to a pesticide or device, except

accurate, nonmisleading references made to a current official

publication of a federal or state institution or agency

authorized by law to conduct research in the field of pesticides.

(18) "Land" means any land or water area, including airspace,

and any plant, animal, structure, building, contrivance, or

machinery, whether fixed or mobile, appurtenant to or situated on

a land or water area or airspace, including any used for

transportation.

(19) "License use category" means a classification of pesticide

use based on the subject, method, or place of pesticide

application.

(20) "Nematode" means an invertebrate animal of the phylum

Nemathelminthes and class Nematoda (an unsegmented roundworm with

an elongated, fusiform, or sac-like body covered with cuticle)

inhabiting soil, water, plants, or plant parts.

(21) "Pesticide" means a substance or mixture of substances

intended to prevent, destroy, repel, or mitigate any pest, or any

substance or mixture of substances intended for use as a plant

regulator, defoliant, or desiccant.

(22) "Plant regulator" means a substance or mixture of

substances intended through physiological action to accelerate or

retard the rate of growth or rate of maturation, or otherwise to

alter the behavior of an ornamental or crop plant or the product

of an ornamental or crop plant, but does not include a substance

to the extent that it is intended as a plant nutrient, trace

element, nutritional chemical, plant inoculant, or soil

amendment.

(23) "Registrant" means a person who has registered a pesticide

under this chapter.

(24) "Regulatory agency" means a state agency with

responsibility for certifying applicators under Subchapter E of

this chapter.

(25) "Restricted-use pesticide" means a pesticide classified as

a restricted-use pesticide by the Environmental Protection

Agency.

(26) "Thallophyte" means a non-chlorophyll-bearing plant of a

lower order than mosses and liverworts.

(27) "Weed" means any plant that grows where not wanted.

(28) "Worker protection standard" means the federal worker

protection standard as found in the Code of Federal Regulations,

40 C.F.R. Parts 156 and 170.

Acts 1981, 67th Leg., p. 1188, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff.

Sept. 1, 1997.

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.

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.

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, Sec. 9.20, eff. September 1, 2009.

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.

Sec. 76.007. INTERAGENCY COOPERATION. (a) The department shall

be the lead agency for pesticide regulation in Texas. In

cooperation with the U.S. Environmental Protection Agency or any

federal agency responsible for implementation of federal

pesticide law, the department shall:

(1) register pesticides for use in Texas;

(2) adopt lists of state-limited-use pesticides;

(3) provide for training, certification, and licensure of all

classes of pesticide applicators;

(4) enforce pesticide laws and regulations governing the safe

handling, use, storage, distribution, and disposal of pesticide

products; and

(5) adopt rules to carry out the provisions of this chapter.

(b) The Texas Natural Resource Conservation Commission shall

have principal authority to regulate and control water pollution.

If the United States Environmental Protection Agency adopts a

final rule requiring states to implement a state management plan

for pesticides in groundwater, the department shall cooperate

with the Texas Groundwater Protection Committee in the

committee's development and implementation of federally mandated

state management plans for pesticides in groundwater in

accordance with Section 26.407, Water Code.

(c) The department shall seek advice from the Texas Natural

Resource Conservation Commission, the Parks and Wildlife

Department, the Texas Department of Health, and the Texas

Agricultural Extension Service in reviewing applications for

special local need or emergency pesticide registrations. The

department shall act expeditiously to review any application for

special local need or emergency pesticide registrations.

(d) The department shall give written notice to the Texas

Natural Resource Conservation Commission whenever it has probable

cause to believe that serious contamination of water has occurred

as a result of use, misuse, manufacture, storage, or disposal of

pesticides so that the Texas Natural Resource Conservation

Commission may proceed with an investigation of a possible

violation of the Water Code.

(1) If the Texas Natural Resource Conservation Commission

determines that a violation of the Water Code has occurred, the

commission shall seek the remedies provided by the Water Code.

(2) If the department determines that a violation of the

Agriculture Code has occurred regarding the use, manufacture,

storage, or disposal of pesticides, the department shall seek the

remedies provided by this code.

(3) The foregoing remedies shall not be mutually exclusive.

(e) The Texas Natural Resource Conservation Commission shall

give written notice to the department whenever it has probable

cause to believe that serious contamination of water has occurred

as a result of the use, misuse, storage, disposal, or manufacture

of pesticides so that the department may proceed with an

investigation to determine if a violation of the Agriculture Code

has occurred.

(1) If the department determines that a violation of the

Agriculture Code has occurred, the department shall seek the

remedies provided by this code.

(2) If the Texas Natural Resource Conservation Commission

determines that a violation of the Water Code has occurred, the

Texas Natural Resource Conservation Commission shall seek the

remedies provided by the Water Code.

(3) The foregoing remedies shall not be mutually exclusive.

(f) The department shall consult with the Texas Department of

Health before denying or canceling a pesticide registration

because of a suspected public health threat. The department shall

also coordinate enforcement efforts with the department of health

when a serious public health threat is suspected.

(g) A regulatory agency may receive grants-in-aid from any

federal agency and may enter into cooperative agreements with a

federal agency, an agency of this state, a subdivision of this

state, or an agency of another state for the purpose of obtaining

assistance in the implementation of this chapter.

Acts 1981, 67th Leg., p. 1191, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 79, eff.

Sept. 1, 1989; Acts 1995, 74th Leg., ch. 76, Sec. 11.05, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept.

1, 1997.

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.

SUBCHAPTER B. LABELING

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.

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.

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.

SUBCHAPTER C. REGISTRATION

Sec. 76.041. REGISTRATION REQUIRED. (a) Except as provided by

Subsection (b), (c), (d), or (e) of this section, before a

pesticide is distributed in this state or is delivered for

transportation or is transported in intrastate commerce or

between points within this state through a point outside the

state, it must be registered with the department. The

manufacturer or other person whose name appears on the label of

the pesticide shall register the pesticide.

(b) Registration is not required for the transportation of a

pesticide from one plant or warehouse to another plant or

warehouse operated by the same person if the pesticide is used

solely at the second plant or warehouse as a constituent of a

pesticide that is registered under this chapter.

(c) Registration is not required for a pesticide that is not for

use in this state and is being manufactured, transported, or

distributed for use only outside of this state.

(d) Registration is not required for a chemical compound being

used only to develop plot data as to the possible pesticidal

action of the chemical.

(e) Unless otherwise required by department rule, registration

is not required for a pesticide that is exempt from registration

with the United States Environmental Protection Agency under

federal law.

(f) The Texas Feed and Fertilizer Control Service may not

register under Chapter 63 a fertilizer that contains a pesticide

that must be registered with the department under this chapter

unless the constituent pesticide is first registered with the

department. The Texas Feed and Fertilizer Control Service shall

consult with the department about the current registration status

of a pesticide before registering any fertilizer mix containing

that pesticide under Chapter 63. The department shall notify the

Texas Feed and Fertilizer Control Service of any changes to a

pesticide registration.

(g) A pesticide that has been registered with the department

must continue to be registered as long as the pesticide remains

in the channels of trade in this state. The registrant shall

ensure that the pesticide continues to be registered.

(h) If the department issues a stop use, stop distribution, or

removal order because the pesticide is not registered with the

department, the registrant shall take any necessary action to

remedy the situation, including reimbursing a person who is

subject to the order for the person's costs in complying with the

order.

Acts 1981, 67th Leg., p. 1192, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1995, 74th Leg., ch. 419, Sec. 6.02, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept.

1, 1997.

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.

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.

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.

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.

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.

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.

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.

SUBCHAPTER D. LICENSING OF DEALERS

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.

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.

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.

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.

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.

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.

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.

SUBCHAPTER E. USE AND APPLICATION

Sec. 76.101. COORDINATION. (a) The department is the lead

agency in the regulation of pesticide use and application and is

responsible for coordinating activities of state agencies, except

as provided by Section 76.007(b) of this code and by Chapter 26

of the Water Code. The department shall submit a state plan for

the licensing of pesticide applicators to the administrator of

the Environmental Protection Agency.

(b) The department shall coordinate, plan, and approve training

programs and shall use the public and private resources of this

state, including state universities, colleges, junior colleges,

community colleges, the Texas Agricultural Extension Service, and

the Texas Agricultural Experiment Station. The department and the

Texas Agricultural Extension Service shall adopt a memorandum of

understanding to jointly coordinate, plan, and approve the

training programs for private applicators.

(c) The department shall make plans under this section on the

basis of convenience to applicants, thoroughness of preparation

and testing, and maximum economy in expenditures for this

purpose. The department shall make full use of grants-in-aid and

cooperative agreements in administering this subchapter.

(d)(1) Except as otherwise provided by this subsection, no city,

town, county, or other political subdivision of this state shall

adopt any ordinance, rule, or regulation regarding pesticide sale

or use.

(2) Nothing in this subsection shall be construed to limit the

authority of a city, town, or county to:

(A) encourage locally approved and provided educational material

concerning a pesticide;

(B) zone for the sale or storage of such products;

(C) adopt fire or building regulations as preventative measures

to protect the public and emergency services personnel from an

accident or emergency involving such products, including

regulations governing the storage of such products or governing

fumigation and thermal insecticidal fogging operations;

(D) provide or designate sites for the disposal of such

products;

(E) route hazardous materials; or

(F) regulate discharge to sanitary sewer systems.

(3) This subsection shall not prevent a city, town, county, or

any political subdivision from complying with any federal or

state law or regulation. This subsection shall not prevent a

city, town, county, or any political subdivision from attaining

or maintaining compliance with federal or state environmental

standards including Texas water quality standards. A city, town,

county, or other political subdivision may take any action

otherwise prohibited by this subsection in order to comply with

any federal requirements, to avoid any federal or state penalties

or fines, or to attain or maintain federal or state environmental

standards including Texas water quality standards.

Acts 1981, 67th Leg., p. 1196, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 86, eff.

Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 96, Sec. 1, eff. May 7,

1993; Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.

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, Sec. 1, eff. September 1, 2009.

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.

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.

Sec. 76.105. LICENSE REQUIRED. (a) Except as provided by

Section 76.003(e), a person may not purchase or use a

restricted-use or state-limited-use pesticide or regulated

herbicide unless the person is:

(1) licensed as a commercial applicator, noncommercial

applicator, or private applicator and authorized by the license

to purchase or use the restricted-use or state-limited-use

pesticide or regulated herbicide in the license use categories

covering the proposed pesticide use;

(2) an individual acting under the direct supervision of a

licensed applicator, except as provided by Subsection (b) of this

section and by Sections 76.003(e) and 76.116(f); or

(3) a certified private applicator as defined in Section

76.112(j) of this code.

(b) An individual is under the direct supervision of a licensed

applicator if the individual is acting under the instructions and

control of a licensed applicator who is responsible for the

actions of the individual and who is available if and when

needed. A licensed applicator may not supervise an applicator

whose license or certificate is under suspension or revocation.

The licensed applicator is not required to be physically present

at the time and place of the pesticide application unless the

label of the applied pesticide states that the presence of the

licensed applicator is required.

(c) A licensed applicator is responsible for assuring that the

person working under the licensee's direct supervision is

knowledgeable of the label requirements and rules and regulations

governing the use of pesticides. A licensed applicator satisfies

the requirements of this subsection if the person working under

the licensee's direct supervision has been trained as a handler

under the federal worker protection standard.

(d) A person who is authorized under this chapter to use

restricted-use or state-limited-use pesticides or regulated

herbicides shall comply with all applicable federal and state

rules, regulations, and court orders regarding the use of

restricted-use or state-limited-use pesticides or regulated

herbicides.

(e) Except as provided by Section 76.003(e), a person may not

purchase a restricted-use or state-limited-use pesticide or

regulated herbicide unless the person is a licensed or a

certified applicator or authorized by a licensed or certified

applicator to purchase or take delivery for the applicator.

(f) The other provisions of this section notwithstanding, the

department may adopt rules or establish programs that the U.S.

Environmental Protection Agency or another federal agency

requires as a condition for receiving:

(1) approval to authorize use of certain restricted-use or

state-limited-use pesticides or regulated herbicides;

(2) federal funding for licensing or certification of pesticide

applicators;

(3) federal funding for pesticide law enforcement efforts; or

(4) other federal funding related to pesticide risk reduction.

(g) The other provisions of this chapter notwithstanding, if the

U.S. Environmental Protection Agency or another federal agency

imposes on the state standards for certification of commercial,

noncommercial, or private pesticide applicators, the department

may adopt by rule the federal standards for each classification

of applicators for which the federal standards are imposed.

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. 3,

eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 230, Sec. 89, eff.

Sept. 1, 1989; Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept.

1, 1997.

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.

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.

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.

Sec. 76.109. NONCOMMERCIAL APPLICATOR LICENSE. (a) A person

who is required to be licensed under Section 76.105 of this code

but who does not qualify as a commercial applicator or a private

applicator shall apply to the appropriate regulatory agency for a

noncommercial 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

noncommercial applicator license on forms prescribed by the

regulatory agency. The applicant shall include with the

application an annual license fee, as fixed by the governing body

of or the head of the regulatory agency. The governing body of or

the head of the regulatory agency may set other fees as necessary

to defray the costs of administering a pesticide applicator

certification program.

(c) The head of a regulatory agency may not issue an original

noncommercial applicator license before the applicant has passed

an examination under Section 76.110 of this code.

(d) An individual to whom a noncommercial applicator license is

issued by the department 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.

(e) If a license is issued in the name of a governmental entity,

the entity must have a licensed applicator employed at all times.

Failure to have a licensed applicator employed is a ground for

revocation of a governmental entity noncommercial applicator

license.

(f) As a condition to issuance of a noncommercial 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.

(g) An individual to whom a noncommercial applicator license is

issued by the Texas Department of Health is authorized to use and

supervise the use of general-use, restricted-use, and

state-limited-use pesticides in the license use categories and

subcategories in which the individual is licensed.

(h) Neither this section nor any other law shall prohibit a

political subdivision from reducing the number of hours of

training or other requirements for an employee conducting larval

mosquito control on property owned or controlled by the political

subdivision using biological pesticides approved for general use

by the Texas Department of Health, provided the employee is given

instructions adequate to ensure the safe and effective use of

such pesticides.

Acts 1981, 67th Leg., p. 1199, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1981, 67th Leg., p. 2590, ch. 693, Sec. 5,

eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 239, Sec. 66, eff.

Sept. 1, 1985; Acts 1989, 71st Leg., ch. 230, Sec. 93, eff. Sept.

1, 1989; Acts 1995, 74th Leg., ch. 419, Sec. 2.39, eff. Sept. 1,

1995; Acts 1997, 75th Leg., ch. 766, Sec. 2, eff. Sept. 1, 1997;

Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997; Acts

2003, 78th Leg., ch. 884, Sec. 1, eff. June 20, 2003.

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.

Sec. 76.111. APPLICATOR BUSINESSES; PROOF OF FINANCIAL

RESPONSIBILITY. (a) In this section:

(1) "Applicator business" means a person who applies a

state-limited-use or restricted-use pesticide or regulated

herbicide to the land of another for compensation and who:

(A) is a licensed commercial applicator; or

(B) employs at least one licensed commercial applicator.

(2) "M-44 device" means a nonexplosive, spring-operated

mechanical device designed to deliver a capsule of sodium cyanide

into the mouth of the target animal as a method of livestock

predation control.

(b) This section does not apply to an employee or agent of an

applicator business.

(c) Except as otherwise provided by this section, each

applicator business shall file with the regulatory agency issuing

the license a liability insurance policy, certification of a

policy, or other proof of financial responsibility considered

acceptable by the department protecting persons who may suffer

damages as a result of the operations of the applicator business,

its employees, and its agents.

(d) The proof of financial responsibility required by this

section is not required to apply to damages or injury to

agricultural crops, plants, or land being worked on by the

applicator business, its employees, or its agents.

(e) Except as otherwise provided by this section, the amount of

the proof of financial responsibility may not be less than

$100,000 for each occurrence for property damage and may not be

less than $100,000 for each occurrence for bodily injury or a

general aggregate at a minimum of $200,000 for each occurrence.

The head of a regulatory agency by rule may require different

amounts of coverage for different classifications of operations

under this chapter. Each commercial M-44 applicator license

applicant must provide proof of financial responsibility

acceptable to the department for bodily injury and property

damage coverage insuring the applicator against liability for

damage to persons or property occurring as a result of operations

performed in the course of the application to premises or any

other property under the applicator's care, custody, or control.

The department will strive to set minimum acceptable coverage at

an amount that is economically feasible to applicants. The

coverage must at all times be maintained at not less than the

amount set by the agency head or the Texas Department of

Insurance.

(f) The head of a regulatory agency may accept a liability

insurance policy in the proper sum which has a deductible clause

in an amo