By: Armbrister S.B. No. 609
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the authority of cities, towns, and other political
1-2 subdivisions of the state to regulate pesticides and pesticide use.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 76.101, Agriculture Code, is amended by
1-5 adding Subsection (d) to read as follows:
1-6 (d)(1) Except as otherwise provided by this subsection, no
1-7 city, town, county, or other political subdivision of this state
1-8 shall adopt any ordinance, rule, or regulation regarding pesticide
1-9 sale or use.
1-10 (2) Nothing in this subsection shall be construed to
1-11 limit the authority of a city, town, or county to zone for the sale
1-12 or storage of such products, to provide or designate sites for the
1-13 disposal of such products, to route hazardous materials, or to
1-14 regulate discharge to sanitary sewer systems.
1-15 (3) This subsection shall not prevent a city, town,
1-16 county, or any political subdivision from complying with any
1-17 federal or state law or regulation. This section shall not prevent
1-18 a city, town, county, or any political subdivision from attaining
1-19 or maintaining compliance with federal or state environmental
1-20 standards including Texas water quality standards. A city, town,
1-21 county, or other political subdivision may take any action
1-22 otherwise prohibited by this subsection in order to comply with any
1-23 federal requirements, to avoid any federal or state penalties or
2-1 fines, or to attain or maintain federal or state environmental
2-2 standards including Texas water quality standards.
2-3 SECTION 2. The Texas Structural Pest Control Act (Article
2-4 135b-6, Vernon's Texas Civil Statutes) is amended by adding Section
2-5 11C to read as follows:
2-6 Sec. 11C. (a) Except as otherwise provided by this section,
2-7 no city, town, county, or other political subdivision of this state
2-8 shall adopt any ordinance, rule, or regulation regarding pesticide
2-9 sale or use.
2-10 (b) Nothing in this section shall be construed to limit the
2-11 authority of a city, town, or county to zone for the sale or
2-12 storage of such products, to provide or designate sites for
2-13 disposal of such products, to route hazardous materials, or to
2-14 regulate discharge to sanitary sewer systems.
2-15 (c) This section shall not prevent a city, town, county, or
2-16 any political subdivision from complying with any federal or state
2-17 law or regulation. This section shall not prevent a city, town,
2-18 county, or any political subdivision from attaining or maintaining
2-19 compliance with federal or state environmental standards including
2-20 Texas water quality standards. A city, town, county, or other
2-21 political subdivision may take any action otherwise prohibited by
2-22 this subsection in order to comply with any federal requirements,
2-23 to avoid any federal or state penalties or fines, or to attain or
2-24 maintain federal or state environmental standards including Texas
2-25 water quality standards.
3-1 (d) Nothing in this section may be construed to affect
3-2 Chapter 75, Agriculture Code.
3-3 SECTION 3. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended,
3-8 and that this Act take effect and be in force from and after its
3-9 passage, and it is so enacted.