H.B. No. 1530
AN ACT
relating to the licensing and regulation of health-related pest
control by the Department of Agriculture.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 76.102, Agriculture Code, is amended to
read as follows:
Sec. 76.102. AGENCIES RESPONSIBLE FOR LICENSING PESTICIDE
APPLICATORS. [(a)] The department shall license pesticide
applicators involved in the following license use categories:
(1) agricultural pest control, including animal pest
control;
(2) forest pest control;
(3) ornamental and turf pest control, except as
provided by Chapter 1951, Occupations Code;
(4) seed treatments;
(5) right-of-way pest control;
(6) regulatory pest control;
(7) aquatic pest control;
(8) demonstration pest control; [and]
(9) health-related pest control; and
(10) other license use categories as necessary to
comply with federal requirements. The department may not adopt
license use categories that are designated by statute for
regulation by another agency.
[(b) The Texas Department of Health shall license pesticide
applicators involved in the license use category of health-related
pest control.]
SECTION 2. (a) A health-related pest control license issued
by the Department of State Health Services that is in effect on the
effective date of this Act remains valid for the period for which it
was issued unless suspended or revoked by the Department of
Agriculture or the commissioner of agriculture, as applicable. When
the license expires, it is subject to renewal under Subchapter E,
Chapter 76, Agriculture Code, as amended by this Act.
(b) The Department of Agriculture shall continue a
complaint, investigation, contested case, or other proceeding
involving health-related pest control that was brought before the
effective date of this Act in accordance with the law in effect on
the date the proceeding was brought, and the former law is continued
in effect for that purpose.
SECTION 3. (a) All powers, duties, obligations, and rights
of action of the Department of State Health Services related to
health-related pest control are transferred to the Department of
Agriculture on the effective date of this Act.
(b) A rule adopted by the Health and Human Services
Commission in connection with or relating to health-related pest
control continues in effect until it is amended or repealed by the
commissioner of agriculture or the Department of Agriculture, as
applicable.
SECTION 4. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1530 was passed by the House on April
9, 2009, by the following vote: Yeas 148, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1530 was passed by the Senate on May
21, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor