Texas Agriculture Code - Section 76.007. Interagency Cooperation
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§ 76.007. INTERAGENCY COOPERATION. (a) The department
shall be the lead agency for pesticide regulation in Texas. In
cooperation with the U.S. Environmental Protection Agency or any
federal agency responsible for implementation of federal pesticide
law, the department shall:
(1) register pesticides for use in Texas;
(2) adopt lists of state-limited-use pesticides;
(3) provide for training, certification, and
licensure of all classes of pesticide applicators;
(4) enforce pesticide laws and regulations governing
the safe handling, use, storage, distribution, and disposal of
pesticide products; and
(5) adopt rules to carry out the provisions of this
chapter.
(b) The Texas Natural Resource Conservation Commission
shall have principal authority to regulate and control water
pollution. If the United States Environmental Protection Agency
adopts a final rule requiring states to implement a state
management plan for pesticides in groundwater, the department shall
cooperate with the Texas Groundwater Protection Committee in the
committee's development and implementation of federally mandated
state management plans for pesticides in groundwater in accordance
with Section 26.407, Water Code.
(c) The department shall seek advice from the Texas Natural
Resource Conservation Commission, the Parks and Wildlife
Department, the Texas Department of Health, and the Texas
Agricultural Extension Service in reviewing applications for
special local need or emergency pesticide registrations. The
department shall act expeditiously to review any application for
special local need or emergency pesticide registrations.
(d) The department shall give written notice to the Texas
Natural Resource Conservation Commission whenever it has probable
cause to believe that serious contamination of water has occurred
as a result of use, misuse, manufacture, storage, or disposal of
pesticides so that the Texas Natural Resource Conservation
Commission may proceed with an investigation of a possible
violation of the Water Code.
(1) If the Texas Natural Resource Conservation
Commission determines that a violation of the Water Code has
occurred, the commission shall seek the remedies provided by the
Water Code.
(2) If the department determines that a violation of
the Agriculture Code has occurred regarding the use, manufacture,
storage, or disposal of pesticides, the department shall seek the
remedies provided by this code.
(3) The foregoing remedies shall not be mutually
exclusive.
(e) The Texas Natural Resource Conservation Commission
shall give written notice to the department whenever it has
probable cause to believe that serious contamination of water has
occurred as a result of the use, misuse, storage, disposal, or
manufacture of pesticides so that the department may proceed with
an investigation to determine if a violation of the Agriculture
Code has occurred.
(1) If the department determines that a violation of
the Agriculture Code has occurred, the department shall seek the
remedies provided by this code.
(2) If the Texas Natural Resource Conservation
Commission determines that a violation of the Water Code has
occurred, the Texas Natural Resource Conservation Commission shall
seek the remedies provided by the Water Code.
(3) The foregoing remedies shall not be mutually
exclusive.
(f) The department shall consult with the Texas Department
of Health before denying or canceling a pesticide registration
because of a suspected public health threat. The department shall
also coordinate enforcement efforts with the department of health
when a serious public health threat is suspected.
(g) A regulatory agency may receive grants-in-aid from any
federal agency and may enter into cooperative agreements with a
federal agency, an agency of this state, a subdivision of this
state, or an agency of another state for the purpose of obtaining
assistance in the implementation of this chapter.
Acts 1981, 67th Leg., p. 1191, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 79, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 76, § 11.05, eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 1369, § 1, eff. Sept. 1, 1997.
Section: 74.204 76.001 76.002 76.003 76.004 76.005 76.006 76.007 76.008 76.021 76.022 76.023 76.041 76.042 76.043
Last modified: August 10, 2007
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