81R22934 JAM-F
By: Isett H.B. No. 2038
Substitute the following for H.B. No. 2038:
By: Hardcastle C.S.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(16), Occupations Code, is
amended to read as follows:
(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 based on an
inspection 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;
(3) provide estimates, bids, or contracts based on an
inspection; or
(4) apply insecticides, pesticides, rodenticides,
fumigants, allied chemicals, or other related substances regulated
by the department.
SECTION 3. 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) 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
(6) the commissioner of state health services or the
commissioner's designee.
SECTION 4. 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 Robert's Rules of Order; and
(3) record the minutes of each meeting.
SECTION 5. 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 6. 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 7. Section 1951.301, Occupations Code, is amended
by amending Subsection (d) and adding Subsection (f) to read as
follows:
(d) A person engaged in the business of structural pest
control must hold a structural pest control business license for
each place of business, including each branch office. A certified
commercial applicator, certified noncommercial applicator, or
licensed technician is not required to obtain a separate license
for each branch office of an employer.
(f) A certified commercial applicator or technician license
must be associated with a business license holder. The name of the
employer of a licensed commercial applicator or technician must be
printed on the face of the license issued to a commercial applicator
or technician.
SECTION 8. Section 1951.308, Occupations Code, is amended
to read as follows:
Sec. 1951.308. LICENSE EXPIRATION. A license issued under
this chapter expires at the end of the license period as determined
by department rule. [(a) The department by rule may adopt a system
under which licenses expire on various dates during the year.
[(b) For the year in which the license expiration date is
changed, license fees payable on December 31 shall be prorated on a
monthly basis so that each license holder pays only that portion of
the license fee that is allocable to the number of months during
which the license is valid. On renewal of the license on the new
expiration date, the total license renewal fee is payable.]
SECTION 9. 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 10. 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 11. 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 12. 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 13. Section 1951.456(d), Occupations Code, is
repealed.
SECTION 14. This Act takes effect September 1, 2009.