81R7768 JAM-F
By: Isett H.B. No. 2038
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of structural pest control.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1951.002, Occupations Code, is amended
by amending Subdivisions (4) and (16) to read as follows:
(4) "Certified commercial applicator" means a person
who holds a certified commercial applicator's license and, for each
business with which the applicator is associated, a structural pest
control business license.
(16) "Technician" means a person who holds a license
under this chapter and who, under [the] direct supervision of a
certified noncommercial applicator or, as an employee of a holder
of a structural pest control business license, performs supervised
pesticide applications, maintains or uses structural pest control
devices, makes sales presentations, or identifies pest infestation
or damage. The term does not include a person whose duties are
solely clerical or are otherwise completely disassociated with pest
control.
SECTION 2. Section 1951.003, Occupations Code, is amended
to read as follows:
Sec. 1951.003. BUSINESS OF STRUCTURAL PEST CONTROL. (a) In
this chapter, a person is engaged in the "business of structural
pest control" if the person performs[, offers to perform, or
advertises for or solicits the person's performance of] any of the
following services for compensation, including services performed
as a part of the person's employment:
(1) identifying infestations or making inspections
for the purpose of identifying or attempting to identify
infestations of:
(A) arthropods, including insects, spiders,
mites, ticks, and related pests, wood-infesting organisms,
rodents, weeds, nuisance birds, and any other obnoxious or
undesirable animals that may infest households, railroad cars,
ships, docks, trucks, airplanes, or other structures or their
contents; or
(B) pests or diseases of trees, shrubs, or other
plantings in a park or adjacent to a residence, business
establishment, industrial plant, institutional building, or
street;
(2) making oral or written inspection reports,
recommendations, estimates, or bids with respect to an infestation
described by Subdivision (1); or
(3) making contracts, or submitting bids for services
or performing services designed to prevent, control, or eliminate
an infestation described by Subdivision (1) by the use of
insecticides, pesticides, rodenticides, fumigants, allied
chemicals or substances, or mechanical devices.
(b) A person is not engaged in the business of structural
pest control if the person is a clerical employee or a manual
laborer and the person does not:
(1) identify pests;
(2) make inspections, recommendations, estimates,
bids, or contracts; or
(3) apply insecticides, pesticides, rodenticides,
fumigants, allied chemicals, or other related substances.
SECTION 3. Section 1951.053(a), Occupations Code, is
amended to read as follows:
(a) Except as provided by Sections 1951.212 and
1951.457(c), this chapter does not apply to:
(1) a person who performs pest control work on growing
plants, trees, shrubs, grass, or other horticultural plants if the
person[:
[(A) holds a florist or nursery registration
certificate from the department under Section 71.043, Agriculture
Code, other than a registration certificate that permits the sale,
lease, or distribution of nursery products or floral items only at a
temporary market; and
[(B)] holds a commercial or noncommercial
applicator license from the department and issued under Chapter 76,
Agriculture Code, that covers the pest control work; or
(2) a person who performs pest control work on growing
plants, trees, shrubs, grass, or other horticultural plants or
rights-of-way if the person:
(A) is employed by a political subdivision or a
cemetery;
(B) is engaged in pest control work or vegetation
management for the political subdivision or cemetery;
(C) holds a commercial or noncommercial
applicator license from the department and issued under Chapter 76,
Agriculture Code, that covers pest control work or is under the
direct supervision of a person who holds a commercial or
noncommercial applicator license from the department and issued
under Chapter 76, Agriculture Code, that covers pest control work;
and
(D) complies with annual continuing education
required by the department.
SECTION 4. Section 1951.101(a), Occupations Code, is
amended to read as follows:
(a) The committee consists of nine members appointed by the
commissioner as follows:
(1) four [two] members who are experts in structural
pest control application;
(2) three members who represent the public;
(3) [one member from an institution of higher
education who is knowledgeable in the science of pests and pest
control;
[(4)] one member who represents the interests of
structural pest control operators and who is appointed based on
recommendations provided by a trade association of operators;
[(5) one member who represents the interests of
consumers and who is appointed based on recommendations provided by
consumer advocacy groups or associations;] and
(4) [(6)] the commissioner of state health services or
the commissioner's designee.
SECTION 5. Section 1951.105, Occupations Code, is amended
to read as follows:
Sec. 1951.105. RULES GOVERNING COMMITTEE; COMMITTEE
MEETINGS. (a) The department shall adopt rules for the operation
of the committee, including rules governing:
(1) the purpose, role, responsibility, and goals of
the committee;
(2) the quorum requirements for the committee;
(3) the qualifications required for members of the
committee, which may include experience and geographic
representation requirements;
(4) the appointment process for the committee;
(5) the members' terms;
(6) the training requirements;
(7) a process to regularly evaluate the effectiveness
of the committee; and
(8) a requirement that the committee comply with
Chapter 551, Government Code.
(b) The committee shall:
(1) meet quarterly;
(2) operate under Roberts Rules of Order; and
(3) record the minutes of each meeting.
SECTION 6. Section 1951.205(a), Occupations Code, is
amended to read as follows:
(a) The department, with the advice of the committee, shall
adopt rules as authorized under this chapter governing the methods
and practices of structural pest control that the department
determines are necessary to protect the public's health and welfare
and prevent adverse effects on human life and the environment. Each
rule adopted must cite the section of this chapter that authorizes
the rule.
SECTION 7. Section 1951.210(d), Occupations Code, is
amended to read as follows:
(d) The department or pest control operator is not liable
for any damages that may arise as a result of an inspection made
under this section that is subsequently found to be incorrect.
SECTION 8. Section 1951.212(b), Occupations Code, is
amended to read as follows:
(b) The department shall use the structural pest control [an
existing] advisory committee [or create a new advisory committee]
to assist the department in developing the standards for the
integrated pest management program. In developing the standards,
the advisory committee shall consult with a person knowledgeable in
the area of integrated pest management in schools.
SECTION 9. Section 1951.312, Occupations Code, is amended
by amending Subsection (a) and adding Subsection (f) to read as
follows:
(a) The department may not issue or renew a structural pest
control business license until the license applicant:
(1) files with the department a policy or contract of
insurance, approved as sufficient by the department, in an amount
not less than $200,000 for bodily injury and property damage
coverage, with a minimum total aggregate of $200,000 [$300,000] for
all occurrences, insuring the applicant against liability for
damage to persons or property occurring as a result of operations
performed in the course of the business of structural pest control
on premises or any other property under the applicant's care,
custody, or control;
(2) in the case of an applicant who has an unexpired
and uncanceled insurance policy or contract on file with the
department, files with the department a certificate or other
evidence from an insurance company stating that:
(A) the policy or contract insures the applicant
against liability for acts and damage as described in Subdivision
(1); and
(B) the amount of insurance coverage is in the
amount approved by the department;
(3) files with the department a bond, certificate of
deposit, or other proof acceptable to the department of sufficient
funds in an amount not less than $200,000 [$300,000] for payment of
claims of damage to persons or property occurring as a result of
operations performed [negligently] in the course of the business of
structural pest control on premises or any other property under the
applicant's care, custody, or control; or
(4) files with the department evidence satisfactory to
the department of coverage under a general liability insurance
policy, in an amount not less than $200,000 for bodily injury and
property damage coverage, with a minimum total aggregate of
$200,000 [$300,000] for all occurrences, if the applicant operates
solely as a wood treater who treats wood on commercial property
owned by the applicant.
(f) This section does not require insurance coverage for
errors and omissions.
SECTION 10. Section 1951.453, Occupations Code, is amended
to read as follows:
Sec. 1951.453. PEST CONTROL INFORMATION FOR INDOOR
TREATMENTS: RESIDENTIAL PROPERTY. (a) For an indoor treatment at
a private residence that is not rental property, a certified
applicator or technician shall make available[:
[(1) give] a pest control information sheet developed
under Section 1951.254 to the owner of the residence before each
treatment begins[; or
[(2) if the owner is not available at the time
treatment begins, leave the information sheet in a conspicuous
place in the residence].
(b) For an indoor treatment at a residential rental property
with fewer than five rental units, a certified applicator or
technician shall make available [leave] a pest control information
sheet developed under Section 1951.254 to the tenant of [in] each
unit [at the time of each treatment].
(c) For an indoor treatment at a residential rental property
with five or more rental units, a certified applicator or
technician shall make available [provide] a pest control
information sheet developed under Section 1951.254 and a pest
control sign developed under that section to the owner or manager of
the property. The owner or manager or an employee or agent of the
owner or manager, other than the certified applicator or
technician, shall notify residents who live in the direct area of
the treatment or in an adjacent area by:
(1) posting the sign in an area of common access at
least 48 hours before each planned treatment; or
(2) leaving the information sheet on the front door of
each unit or in a conspicuous place inside each unit at least 48
hours before each planned treatment.
SECTION 11. Section 1951.454, Occupations Code, is amended
to read as follows:
Sec. 1951.454. PEST CONTROL INFORMATION FOR INDOOR
TREATMENTS: WORKPLACE. For an indoor treatment at a workplace, a
certified applicator or technician shall make available [provide] a
pest control information sheet developed under Section 1951.254 and
a pest control sign developed under that section to the employer or
the building manager. The employer or building manager or an
employee or agent of the owner or manager, other than the certified
applicator or technician, shall notify the persons who work at the
workplace of the date of the planned treatment by:
(1) posting the sign in an area of common access that
the persons are likely to check on a regular basis at least 48 hours
before each planned treatment; and
(2) providing the information sheet to any person
working in the building on a request made by the person during
normal business hours.
SECTION 12. Section 1951.455(a), Occupations Code, is
amended to read as follows:
(a) For an indoor treatment at a building that is a
hospital, nursing home, hotel, motel, lodge, warehouse,
food-processing establishment, school, or day-care center, a
certified applicator or technician shall make available [provide] a
pest control information sheet developed under Section 1951.254 and
a pest control sign developed under that section to the chief
administrator or building manager. The chief administrator or
building manager shall notify the persons who work in the building
of the treatment by:
(1) posting the sign in an area of common access that
the persons are likely to check on a regular basis at least 48 hours
before each planned treatment; and
(2) providing the information sheet to a person
working in the building on request of the person.
SECTION 13. Sections 1951.457(a) and (b), Occupations Code,
are amended to read as follows:
(a) For an outdoor treatment at a private residence that is
not rental property, a certified applicator or technician shall
make available [leave] a pest control information sheet developed
under Section 1951.254 at the residence before the treatment
begins.
(b) For an outdoor treatment at a residential rental
property with fewer than five rental units, a certified applicator
or technician shall make available [leave] a pest control
information sheet at each unit at the time of treatment.
SECTION 14. Section 1951.459, Occupations Code, is amended
to read as follows:
Sec. 1951.459. PEST CONTROL SERVICES FOR CERTAIN BUILDINGS.
The owner of a building where persons other than the owner are
employed [that is an apartment building, day-care center, hospital,
nursing home, hotel, motel, lodge, warehouse, school, or
food-processing establishment, other than a restaurant, retail
food, or food service establishment,] may obtain pest control
services for that building from a person only by:
(1) contracting with a person who holds a license to
perform the services; or
(2) requiring a person employed by the owner who is
licensed as a certified noncommercial applicator or technician to
perform the services.
SECTION 15. Section 1951.456(d), Occupations Code, is
repealed.
SECTION 16. The change in law made by this Act to the
structural pest control advisory committee does not affect the
entitlement of a member serving on the committee immediately before
the effective date of this Act to serve the remainder of the
member's term. The commissioner of agriculture shall appoint
members to the advisory committee in the manner provided by Section
1951.101, Occupation Code, as amended by this Act, as the terms of
the members serving immediately before the effective date of this
Act expire.
SECTION 17. This Act takes effect September 1, 2009.