BILL ANALYSIS

 

 

Senate Research Center

H.B. 572

85R16516 BEF-D

By: Stephenson; Gonz�lez, Mary (Kolkhorst)

 

Agriculture, Water & Rural Affairs

 

5/12/2017

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Interested parties assert that some Texans improperly dispose of unwanted pesticides or store such pesticides in unsafe conditions due to the lack of organized collection activities that allow for the responsible disposal of pesticide waste. H.B. 572 addresses this issue by providing for statewide pesticide waste and pesticide container collection activities.

 

H.B. 572 creates the pesticide disposal fund outside of the general revenue fund. This fund consists of money deposited to the fund from the pesticide registration fees collected under Section 76.044, Agriculture Code. It will be administered by the Texas Department of Agriculture (TDA).

 

H.B. 572 requires TDA to coordinate with the Texas Commission on Environmental Quality and Texas A&M AgriLife Extension Service to organize pesticide waste and container collection activities. It allows them to contract for services to dispose of these materials.

 

H.B. 572 amends current law relating to the disposal of pesticides.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter A, Chapter 76, Agriculture Code, by adding Section 76.009, as follows:

 

Sec. 76.009. PESTICIDE DISPOSAL FUND. (a) Provides that the pesticide disposal fund (fund) is a fund in the state treasury outside the general revenue fund and provides that it consists of money deposited to the credit of the fund under Section 76.044 (Fees) and interest earned on the investment of money in the fund.

 

(b) Requires the Texas Department of Agriculture (TDA) to administer the fund and authorizes money in the fund to be appropriated only for the purposes of the pesticide waste and pesticide container collection activities performed under Section 76.132, which is added by this Act.

 

SECTION 2. Amends Section 76.044, Agriculture Code, by adding Subsection (c), to require TDA, of the money received by TDA under this section, to annually deposit to the credit of the 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.

 

SECTION 3. Amends Subchapter F, Chapter 76, Agriculture Code, by adding Section 76.132, as follows:

 

Sec. 76.132. DISPOSAL OF PESTICIDE. Requires TDA, in coordination with the Texas Commission on Environmental Quality (TCEQ) and the Texas A&M AgriLife Extension Service (TAMU-AES), to organize pesticide waste and pesticide container collection activities statewide. Authorizes TDA, TCEQ, and TAMU-AES to contract for the services of contractors that are licensed in the disposal of hazardous waste under Section 401.202 (Licensing Authority), Health and Safety Code, or other contractors to implement the pesticide waste and pesticide container collection activities and facilitate the collection of canceled, unregistered, or otherwise unwanted pesticide products and pesticide containers.

 

SECTION 4. Effective date: September 1, 2017.