Sec. 1951.005. LOCAL REGULATION OF PESTICIDE SALE OR USE. (a) Except as provided by this section, a municipality or other political subdivision of this state may not adopt an ordinance or rule regarding pesticide sale or use.
(b) This section does not limit the authority of a municipality or county to:
(1) encourage locally approved and provided educational material concerning a pesticide;
(2) zone for the sale or storage of pesticide products;
(3) adopt fire or building regulations, including regulations governing the storage of pesticide products or governing fumigation and thermal insecticidal fogging operations, as preventative measures to protect the public and emergency services personnel from an accident or emergency involving pesticide products;
(4) provide or designate sites for the disposal of pesticide products;
(5) route hazardous materials; or
(6) regulate discharge to sanitary sewer systems.
(c) A municipality or other political subdivision may take any action otherwise prohibited by this section to:
(1) comply with any federal or state requirements;
(2) avoid a federal or state penalty or fine; or
(3) attain or maintain compliance with federal or state environmental standards, including state water quality standards.
(d) This section does not affect Subchapter G, Chapter 76, Agriculture Code.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
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