By: Lucio S.B. No. 1113
(Springer)
A BILL TO BE ENTITLED
AN ACT
relating to a waiver authorizing the application of pesticides for
mosquito control by certain municipal or county employees in an
emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 76, Agriculture Code, is
amended by adding Section 76.120 to read as follows:
Sec. 76.120. EMERGENCY MOSQUITO CONTROL BY CERTAIN
MUNICIPAL OR COUNTY EMPLOYEES. (a) A municipal or county health
department may apply for a waiver from the department authorizing
the application of pesticides for mosquito control in the manner
provided by this section if:
(1) the municipality or county is in a state of
disaster as declared by the governor under Chapter 418, Government
Code; or
(2) the municipal or county health department
determines that immediate action is needed to control the threat of
mosquito-borne disease.
(b) On application by a municipal or county health
department, the department may grant a waiver authorizing
unlicensed employees of the municipality or county to apply
pesticides for mosquito control under the direct supervision of a
licensed applicator employed by the municipality or county, a
nearby political subdivision, this state, or the federal
government.
(c) An unlicensed employee of the municipality or county may
apply pesticides as authorized by a waiver if the unlicensed
employee and the licensed applicator supervising the employee
execute an affidavit promulgated by the department describing the
supervision arrangement and return the affidavit to the department.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.