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.