S.B. No. 609
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:
1-12 (A) encourage locally approved and provided
1-13 educational material concerning a pesticide;
1-14 (B) zone for the sale or storage of such
1-15 products;
1-16 (C) adopt fire or building regulations as
1-17 preventative measures to protect the public and emergency services
1-18 personnel from an accident or emergency involving such products,
1-19 including regulations governing the storage of such products or
1-20 governing fumigation and thermal insecticidal fogging operations;
1-21 (D) provide or designate sites for the disposal
1-22 of such products;
1-23 (E) route hazardous materials; or
2-1 (F) regulate discharge to sanitary sewer
2-2 systems.
2-3 (3) This subsection shall not prevent a city, town,
2-4 county, or any political subdivision from complying with any
2-5 federal or state law or regulation. This subsection shall not
2-6 prevent a city, town, county, or any political subdivision from
2-7 attaining or maintaining compliance with federal or state
2-8 environmental standards including Texas water quality standards. A
2-9 city, town, county, or other political subdivision may take any
2-10 action otherwise prohibited by this subsection in order to comply
2-11 with any federal requirements, to avoid any federal or state
2-12 penalties or fines, or to attain or maintain federal or state
2-13 environmental standards including Texas water quality standards.
2-14 (4) Nothing in this subsection may be construed to
2-15 affect Chapter 75 of this code.
2-16 SECTION 2. The Texas Structural Pest Control Act (Article
2-17 135b-6, Vernon's Texas Civil Statutes) is amended by adding Section
2-18 11C to read as follows:
2-19 Sec. 11C. (a) Except as otherwise provided by this section,
2-20 no city, town, county, or other political subdivision of this state
2-21 shall adopt any ordinance, rule, or regulation regarding pesticide
2-22 sale or use.
2-23 (b) Nothing in this section shall be construed to limit the
2-24 authority of a city, town, or county to:
2-25 (1) encourage locally approved and provided
3-1 educational material concerning a pesticide;
3-2 (2) zone for the sale or storage of such products;
3-3 (3) adopt fire or building regulations as preventative
3-4 measures to protect the public and emergency services personnel
3-5 from an accident or emergency involving such products, including
3-6 regulations governing the storage of such products or governing
3-7 fumigation and thermal insecticidal fogging operations;
3-8 (4) provide or designate sites for the disposal of
3-9 such products;
3-10 (5) route hazardous materials; or
3-11 (6) regulate discharge to sanitary sewer systems.
3-12 (c) This section shall not prevent a city, town, county, or
3-13 any political subdivision from complying with any federal or state
3-14 law or regulation. This section shall not prevent a city, town,
3-15 county, or any political subdivision from attaining or maintaining
3-16 compliance with federal or state environmental standards including
3-17 Texas water quality standards. A city, town, county, or other
3-18 political subdivision may take any action otherwise prohibited by
3-19 this subsection in order to comply with any federal requirements,
3-20 to avoid any federal or state penalties or fines, or to attain or
3-21 maintain federal or state environmental standards including Texas
3-22 water quality standards.
3-23 (d) Nothing in this section may be construed to affect
3-24 Chapter 75, Agriculture Code.
3-25 SECTION 3. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended,
4-5 and that this Act take effect and be in force from and after its
4-6 passage, and it is so enacted.