Tex. Occ. Code § 1951.005 · Subchapter A. GENERAL PROVISIONS
LOCAL REGULATION OF PESTICIDE SALE OR USE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1951.htm
- Text hash
- sha256 410abde9a8958a101d01e749ccf87f88893c0b1d231d85661cd1eaafc4dfbd7c
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.