HBA-JRA, ALS, BTC H.B. 431 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 431 By: Turner, Bob Agriculture and Livestock 6/24/1999 Enrolled BACKGROUND AND PURPOSE Under current law, an applicator is required to purchase financial responsibility insurance in order to use certain pesticides or herbicides. An "applicator business" is defined as a person who applies a state-limited-use or restricted-use pesticide or regulated herbicide to the land of another for compensation and who is a licensed commercial applicator or employs at least one licensed commercial applicator. H.B. 431 provides the definition of an "M-44 device" to be used under the Agriculture Code for predator control, and allows the Commissioner of Agriculture to set the amount of proof of financial responsibility required of M-44 applicators. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 76.111 (a), Agriculture Code, to define an "M-44 device" as a nonexplosive, spring-operated mechanical device designed to deliver a capsule of sodium cyanide into the mouth of the target animal as a method of livestock predation control. Makes a nonsubstantive change. Redesignates Subdivisions (1) and (2) to Paragraphs (A) and (B) respectively. SECTION 2. Amends Section 76.111 (e), Agriculture Code, to provide that each commercial M-44 applicator license applicant must provide proof of financial responsibility acceptable to the Department of Agriculture (department) for bodily injury and property damage coverage insuring the applicator against liability for damage to persons or property occurring as a result of operations performed in the course of the application to premises or any other property under the applicator's care, custody, or control. Requires the department to strive to set minimum acceptable coverage at an amount that is economically feasible to applicants. SECTION 3. Effective date: September 1, 1999. Requires the commissioner to determine financial proof amounts, as required by Section 76.111 (e), Agriculture Code, as amended by this Act, no later than January 1, 2000. SECTION 4. Emergency clause.