Sec. 76.119. DISCLOSURE OF INFORMATION RELATING TO PRIVATE PESTICIDE APPLICATOR LICENSE HOLDERS. (a) In this section, "predator control device" means a device that incorporates an active ingredient and is used for the control of livestock predators.
(b) Except as provided by Subsection (c), a governmental entity in this state may not disclose:
(1) the name, address, or telephone number of a person who holds a private pesticide applicator license issued under this subchapter and is authorized to use a predator control device if disclosure of the person's name, address, or telephone number would reveal that the person:
(A) is authorized to use a predator control device;
(B) has used a predator control device; or
(C) has the intent to use a predator control device;
(2) the name, address, or telephone number of the owner or operator of land on which a predator control device has been used, is being used, or is intended to be used, if disclosure of the information would reveal that use or intended use; or
(3) information identifying the land on which a predator control device has been used, is being used, or is intended to be used, if disclosure of the information would reveal the name, address, or telephone number of the owner or operator of the land.
(c) A governmental entity may disclose to the following the name, address, or telephone number of a person who holds a private pesticide applicator license issued under this subchapter, who is authorized to use a predator control device, and who either has used a predator control device or has the intent to use a predator control device:
(1) a person who holds a pesticide dealer license under Section 76.071 and is authorized to distribute predator control devices;
(2) another governmental entity in this state in connection with official business;
(3) the United States Environmental Protection Agency under a cooperative agreement entered into with that agency;
(4) any other agency of the United States that provides the governmental entity with an administrative or judicial subpoena for the information; or
(5) the appropriate agency or court in an administrative or judicial proceeding in which the private pesticide applicator license holder is a defendant.
(d) A governmental entity and the officers and employees of the governmental entity are immune from civil or criminal liability for an unintentional violation of this section.
Added by Acts 2003, 78th Leg., ch. 1059, Sec. 1, eff. June 20, 2003.
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