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.