Sec. 76.185. DAMAGES RESULTING FROM APPLICATION OF PESTICIDE UNDER GOVERNMENT PROGRAM. Notwithstanding other law, the owner or lessee of land on which a pesticide is applied is not responsible for damages resulting from the application of the pesticide or subject to a criminal or civil penalty in connection with the application of the pesticide if:
(1) the pesticide is applied under a local, state, or federal government program that requires the application of the pesticide to the land; and
(2) the owner or lessee of the land on which the pesticide is applied does not control or have a right to control the time and manner of the application of the pesticide to the land.
Added by Acts 1995, 74th Leg., ch. 227, Sec. 23, eff. Sept. 1, 1995. Amended by 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
Section 76.181. Appeal of Denial or Cancellation of Pesticide Registration
Section 76.182. Appeal of Permit or License Denial, Suspension, Modification, or Revocation
Section 76.183. Appeal of Stop Use, Stop Distribution, or Removal Order
Section 76.184. Reports of Pesticide Adverse Effects
Section 76.185. Damages Resulting From Application of Pesticide Under Government Program