(a) The department shall not accept for adoption any request for special county provisions which will, except as provided by and consistent with the Act, Subchapter G, and regulations adopted thereunder, either directly or indirectly:
(1) exempt applicators from obtaining spray permits, except during periods when susceptible vegetation is at a minimum;
(2) exempt applicators from recordkeeping requirements;
(3) exempt commercial applicators from requirements for proof of financial responsibility;
(4) prohibit the distribution of any herbicide; and/or
(5) require the department to inspect land prior to issuance of spray permits.
(b) The department may consider for adoption a request by a county to:
(1) regulate or prohibit methods of application;
(2) prohibit application of any regulated herbicide during any period of the year; and/or
(3) exempt from the provisions of the Act, Subchapter G, any portion of a county which can be identified by easily recognizable physical boundaries.
Source Note: The provisions of this §7.51 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective March 9, 2023, 48 TexReg 1286