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.