| 1 | 1 | | By: Hegar S.B. No. 1309 |
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| 2 | 2 | | (In the Senate - Filed March 3, 2009; March 17, 2009, read |
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| 3 | 3 | | first time and referred to Committee on Agriculture and Rural |
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| 4 | 4 | | Affairs; April 20, 2009, reported favorably by the following vote: |
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| 5 | 5 | | Yeas 5, Nays 0; April 20, 2009, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the regulation of commercial fertilizer. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter A, Chapter 63, Agriculture Code, is |
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| 13 | 13 | | amended by adding Section 63.007 to read as follows: |
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| 14 | 14 | | Sec. 63.007. EFFECT ON OTHER LAW. This chapter preempts and |
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| 15 | 15 | | supersedes any ordinance, order, or rule adopted by a political |
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| 16 | 16 | | subdivision of this state relating to the regulation, registration, |
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| 17 | 17 | | packaging, labeling, sale, distribution, use, or application of |
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| 18 | 18 | | commercial fertilizer. |
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| 19 | 19 | | SECTION 2. Subsections (a) and (b), Section 63.152, |
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| 20 | 20 | | Agriculture Code, are amended to read as follows: |
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| 21 | 21 | | (a) A person may not produce, store, transfer, offer for |
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| 22 | 22 | | sale, or sell ammonium nitrate or ammonium nitrate material unless |
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| 23 | 23 | | the person holds a certificate of registration issued by the |
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| 24 | 24 | | service under this subchapter. |
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| 25 | 25 | | (b) An application for a registration submitted by an |
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| 26 | 26 | | applicant who owns an ammonium nitrate facility must be: |
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| 27 | 27 | | (1) submitted on a form prescribed by the service that |
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| 28 | 28 | | includes: |
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| 29 | 29 | | (A) the name, address, and telephone number of |
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| 30 | 30 | | each ammonium nitrate facility owned by the applicant; and |
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| 31 | 31 | | (B) the name of the person designated by the |
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| 32 | 32 | | applicant as the point of contact for each facility owned by the |
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| 33 | 33 | | applicant; and |
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| 34 | 34 | | (2) accompanied by a fee in an amount sufficient to |
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| 35 | 35 | | cover the service's costs to administer this subchapter. |
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| 36 | 36 | | SECTION 3. The changes in law made by Subsections (a) and |
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| 37 | 37 | | (b), Section 63.152, Agriculture Code, as amended by this Act, |
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| 38 | 38 | | apply only to an application for a certificate of registration that |
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| 39 | 39 | | is filed on or after the effective date of this Act. An application |
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| 40 | 40 | | that was submitted before the effective date of this Act is subject |
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| 41 | 41 | | to the law in effect on the date the application was submitted, and |
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| 42 | 42 | | that law is continued in effect for that purpose. |
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| 43 | 43 | | SECTION 4. This Act takes effect September 1, 2009. |
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| 44 | 44 | | * * * * * |
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