H.B. No. 191
AN ACT
relating to the disposal of pesticides.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 76, Agriculture Code, is
amended by adding Section 76.009 to read as follows:
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.
SECTION 2. Section 76.044, Agriculture Code, is amended by
adding Subsection (c) to read as follows:
(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.
SECTION 3. Subchapter F, Chapter 76, Agriculture Code, is
amended by adding Section 76.132 to read as follows:
Sec. 76.132. DISPOSAL OF PESTICIDE. The department, in
coordination with the Texas Commission on Environmental Quality and
the Texas A&M AgriLife Extension Service, shall organize pesticide
waste and pesticide container collection activities statewide. The
department, the Texas Commission on Environmental Quality, and the
Texas A&M AgriLife Extension Service may contract for the services
of contractors that are licensed in the disposal of hazardous waste
under Section 401.202, 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. The Texas Department of Agriculture is required
to implement a provision of this Act only if the legislature
appropriates money specifically for that purpose. If the
legislature does not appropriate money specifically for that
purpose, the department may, but is not required to, implement a
provision of this Act using other appropriations available for that
purpose.
SECTION 5. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 191 was passed by the House on April
17, 2019, by the following vote: Yeas 129, Nays 11, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 191 on May 23, 2019, by the following vote: Yeas 125, Nays 16,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 191 was passed by the Senate, with
amendments, on May 16, 2019, by the following vote: Yeas 25, Nays
6.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor