Texas 2009 - 81st Regular

Texas House Bill HB2038 Compare Versions

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1	1	81R22934 JAM-F
2	2	By: Isett H.B. No. 2038
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of structural pest control.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 1951.002(16), Occupations Code, is
10	10	amended to read as follows:
11	11	(16) "Technician" means a person who holds a license
12	12	under this chapter and who, under [the] direct supervision of a
13	13	certified noncommercial applicator or, as an employee of a holder
14	14	of a structural pest control business license, performs supervised
15	15	pesticide applications, maintains or uses structural pest control
16	16	devices, makes sales presentations, or identifies pest infestation
17	17	or damage. The term does not include a person whose duties are
18	18	solely clerical or are otherwise completely disassociated with pest
19	19	control.
20	20	SECTION 2. Section 1951.003, Occupations Code, is amended
21	21	to read as follows:
22	22	Sec. 1951.003. BUSINESS OF STRUCTURAL PEST CONTROL. (a) In
23	23	this chapter, a person is engaged in the "business of structural
24	24	pest control" if the person performs[, offers to perform, or
25	25	advertises for or solicits the person's performance of] any of the
26	26	following services for compensation, including services performed
27	27	as a part of the person's employment:
28	28	(1) identifying infestations or making inspections
29	29	for the purpose of identifying or attempting to identify
30	30	infestations of:
31	31	(A) arthropods, including insects, spiders,
32	32	mites, ticks, and related pests, wood-infesting organisms,
33	33	rodents, weeds, nuisance birds, and any other obnoxious or
34	34	undesirable animals that may infest households, railroad cars,
35	35	ships, docks, trucks, airplanes, or other structures or their
36	36	contents; or
37	37	(B) pests or diseases of trees, shrubs, or other
38	38	plantings in a park or adjacent to a residence, business
39	39	establishment, industrial plant, institutional building, or
40	40	street;
41	41	(2) making oral or written inspection reports,
42	42	recommendations, estimates, or bids with respect to an infestation
43	43	described by Subdivision (1); or
44	44	(3) making contracts, or submitting bids based on an
45	45	inspection for services or performing services designed to prevent,
46	46	control, or eliminate an infestation described by Subdivision (1)
47	47	by the use of insecticides, pesticides, rodenticides, fumigants,
48	48	allied chemicals or substances, or mechanical devices.
49	49	(b) A person is not engaged in the business of structural
50	50	pest control if the person is a clerical employee or a manual
51	51	laborer and the person does not:
52	52	(1) identify pests;
53	53	(2) make inspections, recommendations, estimates,
54	54	bids, or contracts;
55	55	(3) provide estimates, bids, or contracts based on an
56	56	inspection; or
57	57	(4) apply insecticides, pesticides, rodenticides,
58	58	fumigants, allied chemicals, or other related substances regulated
59	59	by the department.
60	60	SECTION 3. Section 1951.101(a), Occupations Code, is
61	61	amended to read as follows:
62	62	(a) The committee consists of nine members appointed by the
63	63	commissioner as follows:
64	64	(1) two members who are experts in structural pest
65	65	control application;
66	66	(2) three members who represent the public;
67	67	(3) one member from an institution of higher education
68	68	who is knowledgeable in the science of pests and pest control;
69	69	(4) one member who represents the interests of
70	70	structural pest control operators and who is appointed based on
71	71	recommendations provided by a trade association of operators;
72	72	(5) one member who represents the interests of
73	73	consumers [and who is appointed based on recommendations provided
74	74	by consumer advocacy groups or associations]; and
75	75	(6) the commissioner of state health services or the
76	76	commissioner's designee.
77	77	SECTION 4. Section 1951.105, Occupations Code, is amended
78	78	to read as follows:
79	79	Sec. 1951.105. RULES GOVERNING COMMITTEE; COMMITTEE
80	80	MEETINGS. (a) The department shall adopt rules for the operation
81	81	of the committee, including rules governing:
82	82	(1) the purpose, role, responsibility, and goals of
83	83	the committee;
84	84	(2) the quorum requirements for the committee;
85	85	(3) the qualifications required for members of the
86	86	committee, which may include experience and geographic
87	87	representation requirements;
88	88	(4) the appointment process for the committee;
89	89	(5) the members' terms;
90	90	(6) the training requirements;
91	91	(7) a process to regularly evaluate the effectiveness
92	92	of the committee; and
93	93	(8) a requirement that the committee comply with
94	94	Chapter 551, Government Code.
95	95	(b) The committee shall:
96	96	(1) meet quarterly;
97	97	(2) operate under Robert's Rules of Order; and
98	98	(3) record the minutes of each meeting.
99	99	SECTION 5. Section 1951.205(a), Occupations Code, is
100	100	amended to read as follows:
101	101	(a) The department, with the advice of the committee, shall
102	102	adopt rules as authorized under this chapter governing the methods
103	103	and practices of structural pest control that the department
104	104	determines are necessary to protect the public's health and welfare
105	105	and prevent adverse effects on human life and the environment. Each
106	106	rule adopted must cite the section of this chapter that authorizes
107	107	the rule.
108	108	SECTION 6. Section 1951.212(b), Occupations Code, is
109	109	amended to read as follows:
110	110	(b) The department shall use the structural pest control [an
111	111	existing] advisory committee [or create a new advisory committee]
112	112	to assist the department in developing the standards for the
113	113	integrated pest management program. In developing the standards,
114	114	the advisory committee shall consult with a person knowledgeable in
115	115	the area of integrated pest management in schools.
116	116	SECTION 7. Section 1951.301, Occupations Code, is amended
117	117	by amending Subsection (d) and adding Subsection (f) to read as
118	118	follows:
119	119	(d) A person engaged in the business of structural pest
120	120	control must hold a structural pest control business license for
121	121	each place of business, including each branch office. A certified
122	122	commercial applicator, certified noncommercial applicator, or
123	123	licensed technician is not required to obtain a separate license
124	124	for each branch office of an employer.
125	125	(f) A certified commercial applicator or technician license
126	126	must be associated with a business license holder. The name of the
127	127	employer of a licensed commercial applicator or technician must be
128	128	printed on the face of the license issued to a commercial applicator
129	129	or technician.
130	130	SECTION 8. Section 1951.308, Occupations Code, is amended
131	131	to read as follows:
132	132	Sec. 1951.308. LICENSE EXPIRATION. A license issued under
133	133	this chapter expires at the end of the license period as determined
134	134	by department rule. [(a) The department by rule may adopt a system
135	135	under which licenses expire on various dates during the year.
136	136	[(b) For the year in which the license expiration date is
137	137	changed, license fees payable on December 31 shall be prorated on a
138	138	monthly basis so that each license holder pays only that portion of
139	139	the license fee that is allocable to the number of months during
140	140	which the license is valid. On renewal of the license on the new
141	141	expiration date, the total license renewal fee is payable.]
142	142	SECTION 9. Section 1951.453, Occupations Code, is amended
143	143	to read as follows:
144	144	Sec. 1951.453. PEST CONTROL INFORMATION FOR INDOOR
145	145	TREATMENTS: RESIDENTIAL PROPERTY. (a) For an indoor treatment at
146	146	a private residence that is not rental property, a certified
147	147	applicator or technician shall make available[:
148	148	[(1) give] a pest control information sheet developed
149	149	under Section 1951.254 to the owner of the residence before each
150	150	treatment begins[; or
151	151	[(2) if the owner is not available at the time
152	152	treatment begins, leave the information sheet in a conspicuous
153	153	place in the residence].
154	154	(b) For an indoor treatment at a residential rental property
155	155	with fewer than five rental units, a certified applicator or
156	156	technician shall make available [leave] a pest control information
157	157	sheet developed under Section 1951.254 to the tenant of [in] each
158	158	unit [at the time of each treatment].
159	159	(c) For an indoor treatment at a residential rental property
160	160	with five or more rental units, a certified applicator or
161	161	technician shall make available [provide] a pest control
162	162	information sheet developed under Section 1951.254 and a pest
163	163	control sign developed under that section to the owner or manager of
164	164	the property. The owner or manager or an employee or agent of the
165	165	owner or manager, other than the certified applicator or
166	166	technician, shall notify residents who live in the direct area of
167	167	the treatment or in an adjacent area by:
168	168	(1) posting the sign in an area of common access at
169	169	least 48 hours before each planned treatment; or
170	170	(2) leaving the information sheet on the front door of
171	171	each unit or in a conspicuous place inside each unit at least 48
172	172	hours before each planned treatment.
173	173	SECTION 10. Section 1951.454, Occupations Code, is amended
174	174	to read as follows:
175	175	Sec. 1951.454. PEST CONTROL INFORMATION FOR INDOOR
176	176	TREATMENTS: WORKPLACE. For an indoor treatment at a workplace, a
177	177	certified applicator or technician shall make available [provide] a
178	178	pest control information sheet developed under Section 1951.254 and
179	179	a pest control sign developed under that section to the employer or
180	180	the building manager. The employer or building manager or an
181	181	employee or agent of the owner or manager, other than the certified
182	182	applicator or technician, shall notify the persons who work at the
183	183	workplace of the date of the planned treatment by:
184	184	(1) posting the sign in an area of common access that
185	185	the persons are likely to check on a regular basis at least 48 hours
186	186	before each planned treatment; and
187	187	(2) providing the information sheet to any person
188	188	working in the building on a request made by the person during
189	189	normal business hours.
190	190	SECTION 11. Section 1951.455(a), Occupations Code, is
191	191	amended to read as follows:
192	192	(a) For an indoor treatment at a building that is a
193	193	hospital, nursing home, hotel, motel, lodge, warehouse,
194	194	food-processing establishment, school, or day-care center, a
195	195	certified applicator or technician shall make available [provide] a
196	196	pest control information sheet developed under Section 1951.254 and
197	197	a pest control sign developed under that section to the chief
198	198	administrator or building manager. The chief administrator or
199	199	building manager shall notify the persons who work in the building
200	200	of the treatment by:
201	201	(1) posting the sign in an area of common access that
202	202	the persons are likely to check on a regular basis at least 48 hours
203	203	before each planned treatment; and
204	204	(2) providing the information sheet to a person
205	205	working in the building on request of the person.
206	206	SECTION 12. Sections 1951.457(a) and (b), Occupations Code,
207	207	are amended to read as follows:
208	208	(a) For an outdoor treatment at a private residence that is
209	209	not rental property, a certified applicator or technician shall
210	210	make available [leave] a pest control information sheet developed
211	211	under Section 1951.254 at the residence before the treatment
212	212	begins.
213	213	(b) For an outdoor treatment at a residential rental
214	214	property with fewer than five rental units, a certified applicator
215	215	or technician shall make available [leave] a pest control
216	216	information sheet at each unit at the time of treatment.
217	217	SECTION 13. Section 1951.456(d), Occupations Code, is
218	218	repealed.
219	219	SECTION 14. This Act takes effect September 1, 2009.