Texas Agriculture Code

§ 76.144 — COUNTY HERBICIDE REGULATIONS

AG § 76.144Title 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL PRODUCTS · Part B. HORTICULTURAL DISEASES AND PESTS · Ch. 76. PESTICIDE AND HERBICIDE REGULATION · Art. G. HERBICIDES

Statute text

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(a)If the commissioners court of a county determines that a valuable crop or vegetation susceptible to being adversely affected by the application of a regulated herbicide exists in an area of the county and that a departmental rule adopted or prohibition prescribed under Section 76.141 or 76.142 not currently applicable to the area should apply to the area, the commissioners court may enter an order in the minutes of the court under which the department's rule or prohibition under Section 76.141 or 76.142 becomes effective in the specified area of the county beginning January 1 of the following year.

(b)If the commissioners court of a county determines that there is no longer a valuable crop or vegetation susceptible to being adversely affected by the application of a regulated herbicide in the specified area of the county, the court may rescind its order under Subsection (a) effective January 1 of the following year.

(c)The department shall adopt rules concerning the use of a regulated herbicide in a county in which the commissioners court has entered an order under Subsection (a) of this section.

(d)The department may immediately suspend a rule of the department regarding the application dates of a regulated herbicide in an area of a county if:

(1)the commissioners court of the county established the applicability of the rule by adopting an order as provided by Subsection (a);

(2)the commissioners court requests that the department immediately suspend the rule; and

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Legislative history

Added by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.