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