Sec. 76.103. PROGRAM CONTINGENT ON FEDERAL FUNDS. (a) The licensing of commercial applicators, noncommercial applicators, and private applicators is contingent on the availability of federal funds to pay part of the costs of administering and enforcing the program.
(b) If federal funds and other funds made available for this program are not sufficient to pay all costs of administering and enforcing the program, the department shall certify that fact and discontinue the licensing of commercial applicators, noncommercial applicators, and private applicators. The department shall publish notice of the discontinuance of the program in the Texas Register.
(c) If sufficient funds become available after discontinuance, the department shall certify the availability of sufficient funds to pay all costs of administration and enforcement of the program and shall resume the licensing of commercial applicators, noncommercial applicators, and private applicators. The department shall publish notice of resumption of the program in the Texas Register.
(d) The department shall determine the effective date of discontinuance or resumption of the program, but the date may not be before the date of publication of notice in the Texas Register.
(e) During any period in which the program has been discontinued, a person is not required to have a license provided by this subchapter in order to use pesticides, but a person may be prosecuted for acts committed or omitted when the program was in effect.
Acts 1981, 67th Leg., p. 1197, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1981, 67th Leg., p. 2589, ch. 693, Sec. 2, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 230, Sec. 88, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.
Structure Texas Statutes
Title 5 - Production, Processing, and Sale of Horticultural Products
Subtitle B - Horticultural Diseases and Pests
Chapter 76 - Pesticide and Herbicide Regulation
Subchapter E. Use and Application
Section 76.102. Agencies Responsible for Licensing Pesticide Applicators
Section 76.103. Program Contingent on Federal Funds
Section 76.104. Agency Rules for Application of a Pesticide
Section 76.105. License Required
Section 76.106. Classification of Licenses
Section 76.107. Licensing by More Than One Agency
Section 76.108. Commercial Applicator License
Section 76.109. Noncommercial Applicator License
Section 76.1095. Noncommercial Applicator License for Mosquito Control in Border Counties
Section 76.110. Commercial and Noncommercial Applicator Examination; Reciprocal Agreements
Section 76.111. Applicator Businesses; Proof of Financial Responsibility
Section 76.112. Private Applicator
Section 76.113. Term and Renewal of Licenses
Section 76.115. Inspection of Equipment
Section 76.116. Suspension, Modification, or Revocation of License
Section 76.117. Property Owner Use
Section 76.118. Exemption for Licensed Veterinarians
Section 76.119. Disclosure of Information Relating to Private Pesticide Applicator License Holders
Section 76.120. Emergency Mosquito Control by Certain Municipal or County Employees