Tex. Occ. Code Section 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 (Regulated Herbicides), Chapter 76 (Pesticide and Herbicide Regulation), Agriculture Code.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.

Source: Section 1951.005 — Local Regulation of Pesticide Sale or Use, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­1951.­htm#1951.­005 (accessed Apr. 29, 2024).

1951.001
Short Title 1951.002
Definitions 1951.003
Business of Structural Pest Control 1951.004
Direct Supervision 1951.005
Local Regulation of Pesticide Sale or Use 1951.006
Applicability of Fees to Government Employees 1951.007
Applicability of Agriculture Code Licensing Provisions 1951.0021
Structural Pest Control Service 1951.051
Individual Performing Pest Control Work on Own or Employer’s Premises 1951.052
Person Performing Pest Control Work on Person’s Dwelling 1951.053
Person Performing Pest Control Work Otherwise Regulated by Department 1951.054
Person Performing Pest Control Work on Agricultural Land 1951.055
Person Using Pest Control Chemicals for Household Use 1951.056
Beekeepers 1951.057
Falconers 1951.058
Activities Not Involving Pesticides 1951.059
Activities Involving Minimal Risk of Harm 1951.101
Committee Membership 1951.102
Eligibility of Public Members 1951.103
Membership Restrictions 1951.104
Duties of Committee 1951.105
Rules Governing Committee 1951.106
Applicability of Other Law to Committee 1951.201
Sole Licensing Authority 1951.203
Standards and Criteria for Licenses 1951.204
Subpoena Authority 1951.205
Environmental Rules 1951.206
Rules Restricting Advertising or Competitive Bidding 1951.207
Inspection of License Holders 1951.208
Misapplication of Pesticides 1951.209
Availability of Certain Information 1951.210
Pretreatment Inspection Service 1951.211
Consultation with Integrated Pest Management Techniques Expert 1951.212
Integrated Pest Management Programs for School Districts 1951.251
Public Interest Information 1951.252
Complaints 1951.253
Public Participation 1951.254
Public Information Program 1951.255
Enforcement Information 1951.301
Structural Pest Control Business License Required 1951.302
Certified Commercial Applicator’s License 1951.303
Certified Noncommercial Applicator’s License 1951.304
Technician License 1951.305
Application 1951.306
Waiver for Applicant Licensed in Another State 1951.307
License Renewal 1951.308
License Expiration 1951.309
Fee for Initial or Renewal License 1951.312
Liability Insurance 1951.313
Memorandum of Agreement 1951.314
License Not Transferable 1951.315
Continuing Education Requirements 1951.351
Technician Training Program 1951.352
New Developments 1951.353
Fees Related to Training Programs 1951.401
Examination for Certified Applicator’s License 1951.402
Examination for Technician License 1951.403
Examination Fee 1951.404
List of Study Materials and Seminars 1951.405
Examination Results 1951.406
Examination Policy 1951.451
Contract for Pest Control Services 1951.452
Records of License Holder 1951.453
Pest Control Information for Indoor Treatments: Residential Property 1951.454
Pest Control Information for Indoor Treatments: Workplace 1951.455
Pest Control Information for Indoor Treatments: Certain Other Buildings 1951.456
Pest Control Information for Indoor Treatments 1951.457
Pest Control Information for Outdoor Treatments 1951.458
Practice by Noncommercial Applicator or Technician 1951.459
Pest Control Services for Certain Buildings 1951.501
Disciplinary Powers of Commissioner Relating to Structural Pest Control 1951.502
Right to Hearing 1951.503
Judicial Review 1951.504
Settlement of Contested Cases 1951.505
Effect of Revocation 1951.506
Emergency Suspension 1951.601
Enforcement Action for Misapplication of Pesticides 1951.602
Civil Penalty 1951.603
Criminal Penalty
Green check means up to date. Up to date

Accessed:
Apr. 29, 2024

§ 1951.005’s source at texas​.gov