Exams / Texas Pesticide General Standards / Tex. Agric. Code §76.101

Tex. Agric. Code §76.101 — what it says, and how the exam tests it

This section is cited by 2 of our practice questions and is tested on the Texas Pesticide General Standards.

The text

Sec. 76.101. COORDINATION. (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; (C) adopt fire or building regulations as preventative measures to protect the public and emergency services personnel from an accident or emergency involving such products, including regulations governing the storage of such products or governing fumigation and thermal insecticidal fogging operations; (D) provide or designate sites for the disposal of such products; (E) route hazardous materials; or (F) regulate discharge to sanitary sewer systems. (3) This subsection shall not prevent a city, town, county, or any political subdivision from complying with any federal or state law or regulation. This subsection shall not prevent a city, town, county, or any political subdivision from attaining or maintaining compliance with…

Public record. Read the full, current section at the official source: tcss.legis.texas.gov

How it comes up on the exam

Practice questions written from this section — answers and explanations are in the drill.

  1. Under Texas Agriculture Code §76.101, which entity is the lead agency in the regulation of pesticide use and application?
    drill Texas Pesticide Laws and Regulations →
  2. Under Texas Agriculture Code §76.101, a city or county is generally preempted from adopting ordinances regarding pesticide sale or use. Which action is a city or county still authorized to take?
    drill Texas Pesticide Laws and Regulations →

Exams that test this section