AGRICULTURE CODE
SUBTITLE G. WORKPLACE CHEMICALS
CHAPTER 125. AGRICULTURAL HAZARD COMMUNICATION ACT
§ 125.001. DECLARATION OF PURPOSE. The legislature
finds that the health and safety of persons living and working in
agricultural areas in the state may be improved by providing access
to information regarding certain hazardous chemicals to which they
may be exposed either during their normal employment activities,
during emergency situations, or as a result of proximity to the use
of those chemicals. The legislature also finds that, because of the
conditions of agricultural employment, there is a unique situation
regarding certain agricultural laborers that makes it necessary to
establish formal procedures to provide access to information
regarding certain hazardous chemicals and to assure those laborers
that there will be no retaliation by the employer for the exercise
of rights under this chapter. This chapter is intended to assure
that accessibility to information regarding chemicals covered by
this chapter be provided to agricultural laborers who may be
exposed to those chemicals in agricultural workplaces, to certain
emergency service organizations responsible for dealing with
chemical hazards during emergency situations when those chemicals
are in close proximity to residential areas, and to the department
to make the information available to the general public through
specific procedures.
Added by Acts 1987, 70th Leg., ch. 903, § 1, eff. Jan. 1, 1988.
§ 125.002. DEFINITIONS. In this chapter:
(1) "Agricultural laborer" means a person who plants,
cultivates, harvests, or handles an agricultural or horticultural
commodity in its unmanufactured state as determined by rule of the
department, and includes an agricultural laborer who handles a
chemical covered by this chapter. Office workers, cooks,
maintenance workers, security personnel, and nonresident
management are not agricultural laborers, except for purposes of a
gross annual payroll determination, unless their job performance
routinely involves potential exposure to chemicals covered under
this chapter. Farm and ranch laborers working solely with
livestock and persons working solely in the retail sales component
of a business are not agricultural laborers for purposes of this
chapter.
(2) "Chemical name" means the scientific designation
of a chemical in accordance with the nomenclature system developed
by the International Union of Pure and Applied Chemistry (IUPAC) or
the Chemical Abstracts Service (CAS) rules of nomenclature, or a
name that will clearly identify the chemical for the purpose of
conducting a hazard evaluation.
(3) "Common name" means any designation of
identification such as code name, code number, trade name, brand
name, or generic name used to identify a chemical other than by its
chemical name.
(4) "Chemical manufacturer" means an employer in
Standard Industrial Classification (SIC) Codes 20 through 39.
(5) "Designated representative" means the individual
or organization to whom an agricultural laborer gives written
authorization to exercise the laborer's rights under this chapter.
A designated representative is not required to reveal the name of
the agricultural laborer he represents if the department has
reviewed the laborer's written authorization, certifies that the
representative has that authorization, and determines that the
agricultural laborer would be entitled to the information the
designated representative is seeking to obtain. A recognized or
certified collective bargaining agent shall be treated
automatically as a designated representative without regard to
written authorization from a laborer.
(6) "Distributor" means any business, other than a
chemical manufacturer or importer, that supplies chemicals covered
by this chapter to other distributors or to purchasers.
(7) "Expose" or "exposure" means that an agricultural
laborer is subjected to a chemical covered by this chapter in the
course of employment through any route of entry, including
inhalation, ingestion, skin contact, or absorption, and includes
potential, possible, or accidental exposure.
(8) "Fire chief" means the elected or paid
administrative head of a fire department as defined in Chapter 125,
Acts of the 45th Legislature, Regular Session, 1937 (Article 6243e,
Vernon's Texas Civil Statutes).
(9) "Label" means any written, printed, or graphic
material displayed on or affixed to containers of chemicals covered
by this chapter.
(10) "Material safety data sheet" ("MSDS") means a
document containing chemical hazard and safe handling information
that is prepared in accordance with the requirements of the
Occupational Safety and Health Administration (OSHA) standard for
that document or, in the case of a chemical labeled under the
federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
Section 136 et seq.) for which an MSDS is both unavailable and not
required under the federal OSHA's hazard communication standard, a
product label or other equivalent document with precautionary
statements, such as hazards to humans and domestic animals, and
environmental, physical, or chemical hazards, including warning
statements.
(11) "Work area" means a room, defined space, or field
where chemicals covered by this chapter are stored or used and where
agricultural laborers may be present.
(12) "Workplace" means a geographical location
containing one or more work areas.
Added by Acts 1987, 70th Leg., ch. 903, § 1, eff. Jan. 1, 1988.
§ 125.003. APPLICATION. (a) This chapter applies only
to the following employers who annually use or store any one of the
chemicals covered by this chapter in excess of 55 gallons or 500
pounds or an amount that the department determines by rule for
certain highly toxic or dangerous chemicals covered by this
chapter:
(1) employers who themselves or through labor agents
hire agricultural laborers to perform seasonal or migrant work and
whose gross annual payroll for those laborers is $15,000 or more;
and
(2) employers who themselves or through labor agents
hire agricultural laborers for purposes other than seasonal or
migrant work and whose gross annual payroll for those laborers is
$50,000 or more.
(b) This chapter applies only to the following chemicals:
(1) chemicals labeled under the federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. Section 136 et seq.); and
(2) fertilizers with chemicals that are listed or
defined as hazardous chemicals in 29 CFR Section 1910.1200(c) or
1910.1200(d)(3), including those listed or defined in subsequent
comparable regulations.
Added by Acts 1987, 70th Leg., ch. 903, § 1, eff. Jan. 1, 1988.
§ 125.004. WORKPLACE CHEMICAL LIST. (a) An employer
covered by this chapter shall compile and maintain a workplace
chemical list on a form prescribed by the department that contains
the following information by crop for each chemical covered by this
chapter that is actually used or stored annually in the workplace in
excess of 55 gallons or 500 pounds or an amount that the department
determines by rule for certain highly toxic or dangerous chemicals
covered by this chapter:
(1) the product name used on the MSDS and container
label and the Environmental Protection Agency registration number,
if applicable;
(2) the date and crop on which the chemical was applied
or used; and
(3) the work area in which the chemical is actually
stored or used.
(b) The employer shall update the workplace chemical list as
necessary but not less frequently than annually.
(c) The workplace chemical list may be prepared for the
workplace as a whole or for each work area and must be readily
available to agricultural laborers and their designated
representatives. New or newly assigned agricultural laborers shall
be made aware of the workplace chemical list before working with
chemicals covered by this chapter or in a work area containing those
chemicals.
Added by Acts 1987, 70th Leg., ch. 903, § 1, eff. Jan. 1, 1988.
§ 125.005. WORKPLACE CHEMICAL LIST FORM, MAINTENANCE,
AND ACCESS. (a) The department shall prescribe forms for
workplace chemical lists required by this chapter with places to
indicate the crop, the product name of the chemical that is applied
to the crop or that is stored, and the location and date of its
application, use, or storage, as appropriate.
(b) An employer covered by this chapter shall maintain one
form for each crop, work area, or workplace as a whole, as
appropriate, and shall add information to the form as different
chemicals are applied, used, or stored.
(c) The employer shall attach relevant information to the
form, including MSDSs.
(d) The employer shall keep the forms and attachments
accessible and available for copying and shall store them in a
location suitable to preserve their physical integrity.
(e) The employer shall keep the forms and attachments under
this chapter for 30 years. However, the department shall provide by
rule that an employer may file with the department annually the
forms and attachments, including an estimate of the total amount of
each chemical listed on the form that was used. The department
shall categorize and cross-reference the data on the forms in a
manner to preserve the data for future medical use. An employer who
files the forms and attachments with the department under rules
adopted under this section is not required to preserve the forms.
(f) If it is determined after a hearing conducted under
Section 12.032 that an employer has repeatedly failed to maintain
the forms and attachments as required, the department may require
the employer to file the documents with the department. In
addition, the person may be subject to any applicable penalties
provided by this chapter.
(g) If agricultural activities for which forms and
attachments are maintained cease at a workplace, the forms and
attachments shall be filed with the department, and the department
shall retain the information for 30 years. If an employer covered
by this chapter is succeeded or replaced in that function by another
person, the person who succeeds or replaces the employer shall
retain the forms as provided by Subsection (e) of this section but
is not liable for violations committed by the former employer under
this chapter or rules adopted under this chapter, including
violations relating to the retention and preservation of forms and
attachments.
(h) Except as otherwise provided by this section, the
employer shall show the forms and attachments, on request, to an
employee, designated representative, treating medical personnel,
or a member of the community. The designated representative or
treating medical personnel are not required to identify the
employee represented or treated. If the employer has filed the
forms and attachments with the department, the employer shall
inform the requestor of that fact.
(i) If a designated representative or member of the
community desires a copy of a form and attachments and the employer
refuses to provide a copy, that person shall notify the department
of the request and the employer's refusal. Within two working days,
the department shall request that the employer provide the
department with all pertinent copies. The employer shall provide
copies of the form and attachments to the department within 24 hours
after the department's request if a designated representative
desires the copies, and within 14 days after the department's
request if a member of the community desires the copies.
(j) The employer may not refuse to provide the forms and
attachments to an employee or treating medical personnel.
Added by Acts 1987, 70th Leg., ch. 903, § 1, eff. Jan. 1, 1988.
Amended by Acts 1995, 74th Leg., ch. 419, § 3.25, eff. Sept. 1,
1995.
§ 125.006. MATERIAL SAFETY DATA SHEETS. (a) Chemical
manufacturers and distributors shall provide appropriate MSDSs to
purchasers in this state of chemicals covered by this chapter.
(b) Employers covered by this chapter shall maintain the
most current MSDS received from manufacturers or distributors for
each purchased chemical covered by this chapter. If an MSDS has not
been provided by the manufacturer or distributor for chemicals on
the workplace chemical list at the time the chemicals are received
at the workplace, the employer shall request one in writing from the
manufacturer or distributor in a timely manner. This chapter does
not require an employer who is not a chemical manufacturer to create
an MSDS.
(c) The department may require any person who has or obtains
a registration for a pesticide under Sections 76.041-76.048 of this
code to provide with the registration a copy of the most current and
complete MSDS for that pesticide.
(d) The department by rule may require chemical
manufacturers to submit MSDSs for chemicals covered by this
chapter, excluding chemicals covered by Subsection (c) of this
section.
(e) All MSDSs in the files of the department are public
records.
Added by Acts 1987, 70th Leg., ch. 903, § 1.
§ 125.007. LABELS. (a) Existing labels on incoming
containers of chemicals covered by this chapter may not be removed
or defaced.
(b) Agricultural laborers may not be required to work with a
chemical covered by this chapter from an unlabeled container except
for a portable container intended for the immediate use of the
laborer who performs the transfer.
Added by Acts 1987, 70th Leg., ch. 903, § 1, eff. Jan. 1, 1988.
§ 125.008. EMERGENCY INFORMATION. (a) Employers
covered by this chapter and other entities who normally store
products labeled under the federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. Section 136 et seq.) in an amount in
excess of 55 gallons or 500 pounds or an amount the department
determines by rule for certain highly toxic or dangerous chemicals
covered by this chapter within one-quarter mile of a residential
area composed of three or more private dwellings shall provide to
the fire chief of the fire department having jurisdiction over the
storage place, in writing, the names and telephone numbers of
knowledgeable representatives of the employer or other entity
storing the product who can be contacted for further information or
contacted in case of an emergency.
(b) Each employer, on request, shall provide a copy of the
workplace chemical list to the fire chief having jurisdiction over
the storage place. The employer shall notify the fire chief of any
significant changes that occur in the workplace chemical list.
(c) The fire chief having jurisdiction over the storage
place or his representative, on request, shall be permitted to
conduct on-site inspections of the chemicals on the workplace
chemical list for the sole purpose of preparing fire department
activities in case of an emergency.
(d) Employers shall provide to the fire chief having
jurisdiction over the storage place, on request, a copy of the MSDS
for any chemical on the workplace chemical list.
(e) On request, the fire chief having jurisdiction over the
storage place shall make the workplace chemical list and MSDSs
available to members of the fire department having jurisdiction
over the workplace and to other personnel outside the fire
department who are responsible for preplanning emergency
activities, but may not otherwise distribute the information
without approval of the employer.
Added by Acts 1987, 70th Leg., ch. 903, § 1, eff. Jan. 1, 1988.
§ 125.009. TRAINING PROGRAM PROVIDED BY
DEPARTMENT. (a) The department in conjunction with the Texas
Agricultural Extension Service shall develop an on-going training
program for agricultural laborers. The program must provide
information the department considers appropriate, and must
include:
(1) information on interpreting labels and MSDSs and
the relationship between those two methods of hazard communication;
(2) information on the proper storage, acute and
chronic effects, and safe handling of chemicals covered by this
chapter;
(3) information on protective clothing and equipment
and first aid treatment to be used with respect to the chemicals
covered by this chapter; and
(4) general safety instructions on the handling,
cleanup procedures, and disposal of chemicals covered by this
chapter.
(b) The department shall provide the training program in
counties with a hired farm labor work force of 2,000 or more,
according to the most recent United States Census of Agriculture.
The department by rule may determine to provide the training
program in additional counties with a significant farm labor work
force or based on other relevant factors. In all other counties,
the county office of the Texas Agricultural Extension Service shall
provide the training program.
(c) The department or the county office of the Texas
Agricultural Extension Service, as appropriate, shall notify
agricultural laborers on a regular basis of the training program by
public service announcements given by the media and shall contact
in writing charitable, public, religious, and health care provider
organizations to announce the training program to agricultural
laborers in the county served by the organization.
(d) In addition to the Texas Agricultural Extension
Service, the department may develop the training program in
conjunction with the Texas Department of Health, other appropriate
state agencies, clinics, hospitals, and other health care providers
in counties in which the training program will be conducted, and
organizations representing employers, organizations representing
employees, and organizations representing manufacturers of
chemicals covered by this chapter.
(e) The department shall prepare and make available to
employers appropriate training materials for employers covered by
this chapter and their managers and labor contractors.
(f) To help cover production costs, the department may
charge not more than $10 plus the cost of a blank videotape from a
person desiring to purchase the videotaped training program.
(g) The department or the county office of the Texas
Agricultural Extension Service, as appropriate, shall provide to
each agricultural laborer who completes the training program a card
evidencing participation in the program. An employer may not
refuse to hire an agricultural laborer solely because the laborer
does not have a card issued under this subsection. An employer who
refuses to hire an agricultural laborer for that reason is not
entitled to the 14 days' written notice provided by Section
125.016(d) of this code.
Added by Acts 1987, 70th Leg., ch. 903, § 1, eff. Jan. 1, 1988.
§ 125.010. CROP SHEET DEVELOPED BY
DEPARTMENT. (a) The department shall develop crop sheets that
contain the following information:
(1) the kinds of chemicals typically used on a
particular crop;
(2) the typical time a chemical is applied to a
particular crop;
(3) general safety information, including information
on general hygiene, clothing, contact with chemicals, medical
symptoms, pregnancy, and other relevant safety data;
(4) a notice of the training programs and the counties
in which the programs will be conducted;
(5) the availability of MSDSs for chemicals used on a
particular crop;
(6) the means of locating emergency medical
information;
(7) agricultural laborers' rights under this chapter;
(8) the name and telephone number of the person to
contact for information under this chapter;
(9) the appropriate telephone number for emergency
information; and
(10) any other safety or health-related information
the department considers relevant.
(b) The information on the crop sheet must be printed in
English and Spanish, except that the information required by
Subsections (a)(1) and (a)(2) of this section is required to be
printed only in English. The department may provide crop sheets
printed in other languages commonly used by agricultural laborers
who work with a particular crop.
(c) The department shall develop the crop sheets in
conjunction with the Texas Department of Health, the Texas
Agricultural Extension Service, other appropriate state agencies,
and clinics, hospitals, and other health care providers in counties
in which training programs are provided by the department under
Section 125.009 of this code.
(d) Annually, the department shall:
(1) provide appropriate crop sheets to clinics,
hospitals, and other health care providers that serve agricultural
laborers and that are located in counties in which the training
program is provided; and
(2) provide to an employer covered by this chapter one
crop sheet for each crop grown by that employer.
(e) The director of the Texas Feed and Fertilizer Control
Service under Section 63.003 of this code shall provide to the
department the information that is needed by the department under
Subsection (a) of this section for the fertilizers that are covered
by this chapter.
(f) For purposes of developing crop sheets under this
chapter and complying with other provisions of this chapter,
nursery stock, stored grain, and other logical groupings may be
considered a single crop as determined by rules adopted by the
department.
Added by Acts 1987, 70th Leg., ch. 903, § 1, eff. Jan. 1, 1988.
§ 125.011. CROP SHEET PROVIDED BY EMPLOYER. (a) An
employer covered by this chapter shall provide crop sheets to each
agricultural laborer pertaining to the crops that laborer will be
working with if:
(1) the laborer does not have a card issued under
Section 125.009(g) of this code; or
(2) the laborer requests the crop sheets.
(b) An employer who is required under Subsection (a) of this
section to provide crop sheets to an agricultural laborer shall
ensure that the information on a crop sheet required by Sections
125.010(a)(3), (a)(4), and (a)(10) of this code that pertains to
the crops with which the laborer will be working is read to the
laborer at least once each work season. When the crop sheet is
read, the employer or the employer's agent shall inform the laborer
of the date on which chemicals covered by this chapter were last
applied or are scheduled to be applied to the field or to other
areas in which the laborer will be working and shall inform the
laborer of the time on which the reentry period, if any, expired for
chemicals covered by this chapter that have been applied.
(c) If an employer is required under Subsection (b) of this
section to read a crop sheet to an agricultural laborer, the
employer or a person designated by the employer shall read the
appropriate crop sheets on the first day of each work season or on
the day the laborer begins employment with that employer, whichever
is later.
(d) In addition to the crop sheet, the department shall
require an employer to offer to the agricultural laborer, on the day
on which the laborer is given his first pay for that work season,
basic safety and health-related information approved by the
department. That information shall be available to the employers
free of charge.
(e) An employer who does not provide or read the crop sheets
as required by this section is not entitled to the 14 days' written
notice provided by Section 125.016(d) of this code.
Added by Acts 1987, 70th Leg., ch. 903, § 1, eff. Jan. 1, 1988.
§ 125.012. PROTECTIVE CLOTHING. An employer covered by
this chapter shall provide any protective clothing or device that
is recommended by the MSDS, crop sheet, or department rule and that
is in addition to the standard long-sleeved shirt, long pants,
boots or shoes, and socks normally provided by the agricultural
laborer.
Added by Acts 1987, 70th Leg., ch. 903, § 1, eff. Jan. 1, 1988.
§ 125.013. RIGHTS OF AGRICULTURAL
LABORERS. (a) Agricultural laborers employed by employers
covered by this chapter who may be exposed to chemicals covered by
this chapter shall be informed of the exposure and shall have access
to the workplace chemical list and MSDSs for those chemicals.
Laborers, on request, shall be provided a copy of a specific MSDS.
In addition, laborers shall receive training on the hazards of the
chemicals and on measures they can take to protect themselves from
those hazards and shall be provided with appropriate personal
protective equipment as required by this chapter. These rights are
guaranteed on January 1, 1988.
(b) An employer covered by this chapter may not discharge,
cause to be discharged, otherwise discipline, or in any manner
discriminate against an agricultural laborer because the laborer
has made an inquiry, filed a complaint, assisted an inspector of the
department who may make or is making an inspection under Section
125.016 of this code, instituted or caused to be instituted any
proceeding under or related to this chapter, testified or is about
to testify in such a proceeding, or exercised any rights afforded
under this chapter on behalf of the laborer or on behalf of others.
Pay, position, seniority, or other benefits may not be lost as the
result of the exercise of any right provided by this chapter.
(c) Any waiver by an agricultural laborer of the benefits or
requirements of this chapter is against public policy and is void.
Any employer's request or requirement that a laborer waive any
rights under this chapter as a condition of employment is a
violation of this chapter.
Added by Acts 1987, 70th Leg., ch. 903, § 1, eff. Jan. 1, 1988.
§ 125.014. DEPARTMENT RULES; OUTREACH
PROGRAM. (a) The department may adopt rules and administrative
procedures reasonably necessary to carry out the purposes of this
chapter.
(b) The department shall develop and provide to each
employer covered by this chapter a suitable form of notice
providing agricultural laborers with information regarding their
rights under this chapter.
(c) As part of an outreach program, the department shall
develop and distribute a supply of informational leaflets on
employers' duties, agricultural laborers' rights, the public's
ability to obtain information under this chapter, the outreach
program, and the effects of chemicals covered by this chapter.
(d) The department may contract with a public institution of
higher education or other public or private organizations to
develop and implement the outreach program.
(e) The department shall publicize the availability of
information to answer inquiries from agricultural laborers,
employers, or the public in this state concerning the effects of
chemicals covered by this chapter.
(f) In cooperation with the department, an employer covered
by this chapter may provide an outreach program in the community.
Added by Acts 1987, 70th Leg., ch. 903, § 1, eff. Jan. 1, 1988.
§ 125.015. LIABILITY UNDER OTHER LAWS. (a) The
provision of information to an agricultural laborer does not in any
way affect the liability of an employer with regard to the health
and safety of a laborer or other person exposed to chemicals, nor
does it affect the employer's responsibility to take any action to
prevent the occurrence of occupational disease as required under
any other provision of law.
(b) The provision of information to an agricultural laborer
does not affect any other duty or responsibility of a manufacturer,
producer, or formulator to warn ultimate users of a chemical under
any other provision of law.
Added by Acts 1987, 70th Leg., ch. 903, § 1, eff. Jan. 1, 1988.
§ 125.016. COMPLAINTS, INVESTIGATIONS, AND
PENALTIES. (a) Complaints received in writing from agricultural
laborers or their designated representatives relating to alleged
violations of this chapter by employers covered by this chapter
shall be investigated in a timely manner by the department as
provided by this section.
(b) Officers or representatives of the department, on
presentation of appropriate credentials, have the right of entry
into any workplace at reasonable times to inspect and investigate
complaints for purposes of determining compliance with this
chapter.
(c) The department shall complete an investigation of a
complaint not later than 90 days after the date on which the
complaint is filed. A hearing shall be conducted under Section
12.032 and an enforcement order issued, if appropriate, not later
than 90 days after the date on which the investigation is completed.
If it is necessary to commence an action relating to an alleged
violation, the action must be commenced not later than 60 days after
the date on which the investigation is completed.
(d) After providing at least 14 days' written notice and an
opportunity for a public hearing, the department may issue an
enforcement order requiring any employer or chemical manufacturer
covered by this chapter to comply with this chapter or rules adopted
under this chapter. A public hearing held under this subsection is
a contested case under Chapter 2001, Government Code, and may be
appealed under that chapter. In the case of a medical emergency,
the department may issue an enforcement order immediately and shall
provide the opportunity for a hearing on the order within 10 days
after the date on which the order is issued.
(e) In the case of a medical emergency, the department may
sue in the name of the State of Texas to enjoin any violation of this
chapter or a rule adopted or enforcement order issued by the
department under this chapter.
(f) If required under this chapter, employers who knowingly
disclose false information or negligently fail to disclose a hazard
are subject to a civil penalty of not more than $5,000 per
violation. This section does not affect any other right of an
agricultural laborer or any other person to receive compensation
for damages under other law.
(g) If required under this chapter, employers who
proximately cause an injury to an individual by knowingly
disclosing false hazard information or knowingly failing to
disclose hazard information are subject to a criminal fine of not
more than $25,000. This section does not affect any other right of
an agricultural laborer or any other person to receive compensation
for damages under other law.
(h) The department may request the attorney general to
represent the department in any legal proceeding authorized under
this chapter. An action for civil or criminal penalties or
injunctive relief shall be brought in the county in which the
alleged violation occurred or is occurring.
(i) Each violation of this chapter or a rule adopted under
this chapter constitutes a separate offense.
Added by Acts 1987, 70th Leg., ch. 903, § 1, eff. Jan. 1, 1988.
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept.
1, 1995; Acts 1995, 74th Leg., ch. 419, § 3.26, eff. Sept. 1,
1995.
§ 125.017. COMPLIANCE WITH HAZARD COMMUNICATION
ACT. (a) If an employer is required to comply with Chapter 502,
Health and Safety Code and with this chapter, the employer is
required to comply with only the Hazard Communication Act.
However, if an agricultural laborer is not covered under the Hazard
Communication Act, the employer shall comply with this chapter for
those laborers not covered by the Hazard Communication Act.
(b) If an employer is covered by both the Hazard
Communication Act and this chapter, the employer is required to
furnish a workplace chemical list under only one of those laws.
Added by Acts 1987, 70th Leg., ch. 903, § 1, eff. Jan. 1, 1988.
Amended by Acts 1991, 72nd Leg., ch. 14, § 284(92), eff. Sept. 1,
1991.
