89R9635 DNC-D
 
  By: Lowe H.B. No. 2998
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring voter approval for mass pesticide application
  by municipalities or counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 370, Local Government Code, is amended
  by adding Section 370.010 to read as follows:
         Sec. 370.010.  VOTER APPROVAL FOR MASS PESTICIDE APPLICATION
  REQUIRED. (a)  In this section:
               (1)  "Mass pesticide application" means the
  application of a pesticide by using a motor vehicle or other
  mechanical device.
               (2)  "Pesticide" has the meaning assigned by Section
  76.001, Agriculture Code.
         (b)  Notwithstanding any other law, a municipality or county
  may not conduct a mass pesticide application unless the application
  is approved by a majority of voters voting at an election held for
  that purpose in the municipality or county.  For purposes of this
  section, an application that wholly occurs in the boundaries of a
  municipality does not require approval of the voters of a county in
  which the municipality is located.
         (c)  The governing body of a municipality or county may order
  an election under this section.
         (d)  At an election to approve mass pesticide application,
  the ballot must be printed to provide for voting for or against the
  approval of the mass pesticide application.
         SECTION 2.  This Act takes effect September 1, 2025.