By Swinford H.B. No. 1087 Substitute the following for H.B. No. 1087: By Oakley C.S.H.B. No. 1087 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the authority of cities, towns and other political 1-3 subdivisions of the state to regulate pesticides and pesticide use. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Sec. 76.101, Agriculture Code, is amended by 1-6 adding a Subsection(d) to read as follows: 1-7 (d)(1) Except as otherwise provided by this subsection, no 1-8 city, town, county, or other political subdivision of this state 1-9 shall adopt any ordinance, rule or regulation regarding pesticide 1-10 sale or use. 1-11 (2) Nothing in this subsection shall be construed to limit 1-12 the authority of a city, town, or county to zone for the sale or 1-13 storage of such products, to provide or designate sites for the 1-14 disposal of such products, to route hazardous materials, or to 1-15 regulate discharge to sanitary sewer systems. 1-16 (3) This subsection shall not prevent a city, town, county 1-17 or any political subdivision from complying with any federal or 1-18 state law or regulation. This section shall not prevent a city, 1-19 town, county or any political subdivision from attaining or 1-20 maintaining compliance with federal or state environmental 1-21 standards including Texas Water Quality Standards. A city, town, 1-22 county or other political subdivision may take any action otherwise 1-23 prohibited by this subsection in order to comply with any federal 1-24 requirements, to avoid any federal or state penalties or fines, or 2-1 to attain or maintain federal or state environmental standards 2-2 including Texas Water Quality Standards. 2-3 SECTION 2. Article 135b-6, the Texas Structural Pest Control 2-4 Act, is amended by adding a new Sec. 11c to read as follows: 2-5 Sec. 11c. (a) Except as otherwise provided by this 2-6 section, no city, town, county, or other political subdivision of 2-7 this state shall adopt any ordinance, rule or regulation regarding 2-8 pesticide sale or use. 2-9 (b) Nothing in this section shall be construed to limit the 2-10 authority of a city, town or county to zone for the sale or storage 2-11 of such products, to provide or designate sites for disposal of 2-12 such products, to route hazardous materials, or to regulate 2-13 discharge to sanitary sewer systems. 2-14 (c) This section shall not prevent a city, town, county or 2-15 any political subdivision from complying with any federal or state 2-16 law or regulation. This section shall not prevent a city, town, 2-17 county or any political subdivision from attaining or maintaining 2-18 compliance with federal or state environmental standards including 2-19 Texas Water Quality Standards. A city, town, county or other 2-20 political subdivision may take any action otherwise prohibited by 2-21 this subsection in order to comply with any federal requirements, 2-22 to avoid any federal or state penalties or fines, or to attain or 2-23 maintain federal or state environmental standards including Texas 2-24 Water Quality Standards. 2-25 (d) Nothing in this section may be construed to affect 2-26 Chapter 75, Agriculture Code. 2-27 SECTION 3. The importance of this legislation and the 3-1 crowded condition of the calendars in both houses create an 3-2 emergency and an imperative public necessity that the 3-3 constitutional rule requiring bills be read on three several days 3-4 in each house be suspended, and this rule is hereby suspended, and 3-5 that this Act take effect and be in force from and after its 3-6 passage, and it is so enacted.