By:  Swinford                                         H.B. No. 1087
       73R3141 CAS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to restricting the authority of political subdivisions of
    1-3  the state to regulate pesticides.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter A, Chapter 76, Agriculture Code, is
    1-6  amended by adding Section 76.010 to read as follows:
    1-7        Sec. 76.010.  PROHIBITION ON PESTICIDE REGULATION BY
    1-8  POLITICAL SUBDIVISIONS.  (a)  The legislature finds that the
    1-9  citizens of this state benefit from a system of safe, effective,
   1-10  and scientifically sound pesticide regulation.  The legislature
   1-11  also finds that a system of pesticide regulation that is
   1-12  consistent, coordinated, and satisfies state and federal
   1-13  requirements is essential to the public health, safety, and welfare
   1-14  and that local regulation of pesticides does not materially assist
   1-15  in achieving those goals.
   1-16        (b)  A municipality, county, or other political subdivision
   1-17  of the state may not adopt or enforce a rule, ordinance, order, or
   1-18  other regulation relating to the sale or use of a pesticide,
   1-19  including a rule, ordinance, order, or regulation relating to:
   1-20              (1)  registering a pesticide;
   1-21              (2)  notifying persons of pesticide use;
   1-22              (3)  advertising or marketing of a pesticide;
   1-23              (4)  distributing a pesticide;
   1-24              (5)  training or certifying pesticide applicators;
    2-1              (6)  storing, transporting, or disposing of a
    2-2  pesticide; or
    2-3              (7)  disclosing confidential information about a
    2-4  pesticide, including its composition.
    2-5        SECTION 2.  Any rule, ordinance, order, or other regulation
    2-6  of a local government that relates to the sale or use of a
    2-7  pesticide and that is effective immediately before the effective
    2-8  date of this Act becomes void on the effective date of this Act.
    2-9        SECTION 3.  This Act takes effect September 1, 1993.
   2-10        SECTION 4.  The importance of this legislation and the
   2-11  crowded condition of the calendars in both houses create an
   2-12  emergency and an imperative public necessity that the
   2-13  constitutional rule requiring bills to be read on three several
   2-14  days in each house be suspended, and this rule is hereby suspended.