| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to a waiver authorizing the application of pesticides for |
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| 6 | 8 | | mosquito control by certain municipal or county employees in an |
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| 7 | 9 | | emergency. |
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| 8 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 11 | | SECTION 1. Subchapter E, Chapter 76, Agriculture Code, is |
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| 10 | 12 | | amended by adding Section 76.120 to read as follows: |
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| 11 | 13 | | Sec. 76.120. EMERGENCY MOSQUITO CONTROL BY CERTAIN |
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| 12 | 14 | | MUNICIPAL OR COUNTY EMPLOYEES. (a) A municipal or county health |
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| 13 | 15 | | department may apply for a waiver from the department authorizing |
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| 14 | 16 | | the application of pesticides for mosquito control in the manner |
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| 15 | 17 | | provided by this section if: |
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| 16 | 18 | | (1) the municipality or county is in a state of |
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| 17 | 19 | | disaster as declared by the governor under Chapter 418, Government |
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| 18 | 20 | | Code; or |
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| 19 | 21 | | (2) the municipal or county health department |
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| 20 | 22 | | determines that immediate action is needed to control the threat of |
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| 21 | 23 | | mosquito-borne disease. |
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| 22 | 24 | | (b) On application by a municipal or county health |
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| 23 | 25 | | department, the department may grant a waiver authorizing |
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| 24 | 26 | | unlicensed employees of the municipality or county to apply |
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| 25 | 27 | | pesticides for mosquito control under the direct supervision of a |
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| 26 | 28 | | licensed applicator employed by the municipality or county, a |
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| 27 | 29 | | nearby political subdivision, this state, or the federal |
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| 28 | 30 | | government. |
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| 29 | 31 | | (c) An unlicensed employee of the municipality or county may |
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| 30 | 32 | | apply pesticides as authorized by a waiver if the unlicensed |
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| 31 | 33 | | employee and the licensed applicator supervising the employee |
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| 32 | 34 | | execute an affidavit promulgated by the department describing the |
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| 33 | 35 | | supervision arrangement and return the affidavit to the department. |
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| 34 | 36 | | SECTION 2. This Act takes effect immediately if it receives |
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| 35 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 36 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 37 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 38 | 40 | | Act takes effect September 1, 2019. |
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| 39 | | - | ______________________________ ______________________________ |
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| 40 | | - | President of the Senate Speaker of the House |
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| 41 | | - | I hereby certify that S.B. No. 1113 passed the Senate on |
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| 42 | | - | April 3, 2019, by the following vote: Yeas 31, Nays 0. |
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| 43 | | - | ______________________________ |
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| 44 | | - | Secretary of the Senate |
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| 45 | | - | I hereby certify that S.B. No. 1113 passed the House on |
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| 46 | | - | May 15, 2019, by the following vote: Yeas 147, Nays 0, two |
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| 47 | | - | present not voting. |
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| 48 | | - | ______________________________ |
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| 49 | | - | Chief Clerk of the House |
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| 50 | | - | Approved: |
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| 51 | | - | ______________________________ |
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| 52 | | - | Date |
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| 53 | | - | ______________________________ |
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| 54 | | - | Governor |
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