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Texas Agriculture Code - Section 76.112. Private Applicator

Legal Research Home > Texas Lawyer > Agriculture Code > Texas Agriculture Code - Section 76.112. Private Applicator

§ 76.112. PRIVATE APPLICATOR.  (a) A person is a private 
applicator if the person uses or supervises the use of a 
restricted-use or state-limited-use pesticide or regulated 
herbicide for the purpose of producing an agricultural commodity:
		(1)  on property owned or rented by the person or the 
person's employer or under the person's general control;  or
		(2)  on the property of another person if applied 
without compensation other than the trading of personal services, 
or services related to agricultural production, including the use 
of equipment, between producers of agricultural commodities.
	(b)  A private applicator is required to be either licensed 
or certified to use restricted-use or state-limited-use pesticides 
or regulated herbicides.
	(c)  An employee qualifies as a private applicator under 
Subsection (a)(1) of this section only if he is employed to perform 
other duties related to agricultural production and provide labor 
for the pesticide application but does not provide the necessary 
equipment or pesticide.
	(d)  A private applicator who is required to be licensed by 
Section 76.105 of this code shall apply to the department for a 
private applicator license.
	(e)  A person shall apply for an original or renewal private 
applicator license on forms prescribed by the department. The 
application shall include information as required by department 
rule and must be accompanied by a fee, as fixed by the department.
	(f)  The department may not issue an original private 
applicator license before the applicant has attended a training 
course conducted by the Texas Agricultural Extension Service or 
another training course approved by the department.  The department 
shall approve appropriate training courses developed under the 
coordination of the Texas Agricultural Extension Service and to be 
conducted by other governmental agencies or nongovernmental 
entities.  The training course shall cover the use, effects, and 
risks of restricted-use and state-limited-use pesticides or 
regulated herbicides.
	(g)  The department may not issue a private applicator 
license if the applicant has had a license issued under this 
subchapter revoked within the last two years.
	(h)  An individual to whom a private applicator license is 
issued is authorized to purchase, use, and supervise the use of 
restricted-use and state-limited-use pesticides or regulated 
herbicides in all license use categories and subcategories for the 
purpose of producing an agricultural commodity on property 
described by Subsection (a)(1) or (a)(2) of this section.
	(i)  As a condition to issuance of a private applicator 
license, an applicant located outside this state shall file with 
the department a written instrument designating a resident agent 
for service of process in actions taken in administration and 
enforcement of this chapter.  Instead of designating a resident 
agent, the applicant may designate in writing the secretary of 
state as the recipient of service of process for the applicant in 
this state.
	(j)  For purposes of this chapter, a certified private 
applicator is a private applicator who has been previously 
certified under the department's voluntary certification program 
and who holds a private applicator certificate dated prior to 
January 10, 1989.  A certified private applicator is authorized to 
use restricted-use and state-limited-use pesticides or regulated 
herbicides in all license use categories and subcategories for the 
purpose of producing an agricultural commodity on property 
described by Subsection (a)(1) or (a)(2) of this section.  A 
certified private applicator may not supervise the use of 
restricted-use and state-limited-use pesticides or regulated 
herbicides.

Acts 1981, 67th Leg., p. 1200, ch. 388, § 1, eff. Sept. 1, 1981.  
Amended by Acts 1981, 67th Leg., p. 2590, ch. 693, § 7, eff. 
Sept. 1, 1981;  Acts 1989, 71st Leg., ch. 230, § 96, eff. Sept. 1, 
1989;  Acts 1995, 74th Leg., ch. 419, § 2.40, eff. Sept. 1, 1995;  
Acts 1997, 75th Leg., ch. 1369, § 1, eff. Sept. 1, 1997.

Last modified: August 10, 2007