Court Opinions

State Laws

US Code

US Constitution

Texas Agriculture Code - Section 76.110. Commercial And Noncommercial Applicator Examination; Reciprocal Agreements

Legal Research Home > Texas Lawyer > Agriculture Code > Texas Agriculture Code - Section 76.110. Commercial And Noncommercial Applicator Examination; Reciprocal Agreements

§ 76.110. COMMERCIAL AND NONCOMMERCIAL APPLICATOR 
EXAMINATION;  RECIPROCAL AGREEMENTS.  (a) Each person applying for 
a license as a commercial applicator or a noncommercial applicator 
must pass an examination demonstrating that the person:
		(1)  is properly qualified to perform functions 
associated with pesticide application to a degree directly related 
to the nature of the activity and the associated responsibility;  
and
		(2)  has knowledge of the use and effects of 
restricted-use and state-limited-use pesticides or regulated 
herbicides in the license use categories and subcategories in which 
the person is to be licensed.
	(b)  Not later than the 30th day after the date on which a 
licensing examination is administered under this section, the 
appropriate regulatory agency shall notify each examinee of the 
results of the examination.  However, if an examination is graded or 
reviewed by a national testing service, the appropriate regulatory 
agency shall notify examinees of the results of the examination not 
later than the 14th day after the date on which the appropriate 
regulatory agency receives the results from the testing service.  
If the notice of examination results graded or reviewed by a 
national testing service will be delayed for longer than 90 days 
after the examination date, the appropriate regulatory agency shall 
notify the examinee of the reason for the delay before the 90th day.  
The appropriate regulatory agency may require a testing service to 
notify examinees of the results of an examination.
	(c)  If requested in writing by the person who fails a 
licensing examination administered under this section, the 
appropriate regulatory agency shall furnish the person with an 
analysis of the person's performance on the examination.
	(d)  The appropriate regulatory agency may waive any 
prerequisite to obtaining a license for an applicant after 
reviewing the applicant's credentials and determining that the 
applicant holds a valid license from another state that has license 
requirements substantially equivalent to those of this state.

Acts 1981, 67th Leg., p. 1199, ch. 388, § 1, eff. Sept. 1, 1981.  
Amended by Acts 1989, 71st Leg., ch. 230, § 94, eff. Sept. 1, 
1989;  Acts 1995, 74th Leg., ch. 419, § 1.20, eff. Sept. 1, 1995;  
Acts 1997, 75th Leg., ch. 1369, § 1, eff. Sept. 1, 1997.

Last modified: August 10, 2007