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. Sec. 76.101, Agriculture Code, is amended by 1-5 adding a 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 1-13 disposal of such products or to regulate discharge to sanitary 1-14 sewer systems. 1-15 (3) This subsection shall not prevent a city, town, 1-16 county or any political subdivision from complying with any federal 1-17 or state law or regulation. A city, town, county or other 1-18 political subdivision may take any action otherwise prohibited by 1-19 this subsection in order to comply with any federal requirements or 1-20 to avoid any federal or state penalties or fines. 1-21 SECTION 2. Article 135b-6, the Texas Structural Pest Control 1-22 Act, is amended by adding a new Sec. 11C to read as follows: 1-23 Sec. 11C. (a) Except as otherwise provided by this section, 2-1 no city, town, county, or other political subdivision of this state 2-2 shall adopt any ordinance, rule or regulation regarding pesticide 2-3 sale or use. 2-4 (b) Nothing in this section shall be construed to limit the 2-5 authority of a city, town or county to zone for the sale or storage 2-6 of such products, to provide or designate sites for disposal of 2-7 such products or to regulate discharge to sanitary sewer systems. 2-8 (c) This section shall not prevent a city, town, county or 2-9 any political subdivision from complying with any federal or state 2-10 law or regulation. A city, town, county or other political 2-11 subdivision may take any action otherwise prohibited by this 2-12 subsection in order to comply with any federal requirements or to 2-13 avoid any federal or state penalties or fines. 2-14 SECTION 3. The importance of this legislation and the 2-15 crowded condition of the calendars in both houses create an 2-16 emergency and an imperative public necessity that the 2-17 constitutional rule requiring bills to be read on three several 2-18 days in each house be suspended, and this rule is hereby suspended, 2-19 and that this Act take effect and be in force from and after its 2-20 passage, and it is so enacted.