Texas Agriculture Code
§ 76.101 — COORDINATION
AG § 76.101Title 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL PRODUCTS · Part B. HORTICULTURAL DISEASES AND PESTS · Ch. 76. PESTICIDE AND HERBICIDE REGULATION · Art. E. USE AND APPLICATION
Statute text
View on source(a)The department is the lead agency in the regulation of pesticide use and application and is responsible for coordinating activities of state agencies, except as provided by Section 76.007(b) of this code and by Chapter 26 of the Water Code. The department shall submit a state plan for the licensing of pesticide applicators to the administrator of the Environmental Protection Agency.
(b)The department shall coordinate, plan, and approve training programs and shall use the public and private resources of this state, including state universities, colleges, junior colleges, community colleges, the Texas Agricultural Extension Service, and the Texas Agricultural Experiment Station. The department and the Texas Agricultural Extension Service shall adopt a memorandum of understanding to jointly coordinate, plan, and approve the training programs for private applicators.
(c)The department shall make plans under this section on the basis of convenience to applicants, thoroughness of preparation and testing, and maximum economy in expenditures for this purpose. The department shall make full use of grants-in-aid and cooperative agreements in administering this subchapter. (d)(1) Except as otherwise provided by this subsection, no city, town, county, or other political subdivision of this state shall adopt any ordinance, rule, or regulation regarding pesticide sale or use.
(2)Nothing in this subsection shall be construed to limit the authority of a city, town, or county to:
(A)encourage locally approved and provided educational material concerning a pesticide;
(B)zone for the sale or storage of such products;
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Legislative history
Acts 1981, 67th Leg., p. 1196, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 86, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 96, Sec. 1, eff. May 7, 1993; Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.