By: Hegar S.B. No. 768
A BILL TO BE ENTITLED
AN ACT
relating to exemptions from the Texas Structural Pest Control Act;
providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 1951, Occupations Code, is
amended by adding Sections 1951.058, 1951.059, and 1951.060 to read
as follows:
Sec. 1951.058. ACTIVITIES NOT INVOLVING PESTICIDES. When
performed without the use of a pesticide, this chapter does not
apply to the:
(1) use of a raptor to control or relocate other birds;
(2) physical removal of pests or the habitat of pests
while cleaning a chimney;
(3) use of a live trap to remove an animal from the
premises of a residence, agricultural operation, or business
structure;
(4) removal by mechanical means of weeds or other
obstructing vegetation from a sewer, drainage system, body of
water, or similar area; or
(5) installation, maintenance, or use of a
nonpesticidal barrier to remove or prevent infestation by nuisance
animals.
Sec. 1951.059. CONSULTING SERVICES. This chapter does not
apply to a person who, as an independent consultant, provides
information to a restaurant, medical facility, or food or meal
delivery operation regarding general pest control methods and
general or specific pest control products or services and who does
not:
(1) identify specific pests or infestations;
(2) perform, agree to perform, or bid on a job to
perform pest control services; or
(3) supply, agree to supply, or bid on a job to supply
pest control products.
Sec. 1951.060. ACTIVITIES INVOLVING MINIMAL RISK OF HARM.
(a) The department by rule may exempt an activity from all or part
of the requirements of this chapter if the department determines
that the activity presents only a minimal risk of harm to the
health, safety, and welfare of the public, the person performing
the activity, pets and other domesticated animals, and the
environment.
(b) A business that performs an activity exempted from
regulation under this section and that is not otherwise required to
hold a license issued under this chapter shall provide to each
customer a written notice, as prescribed by department rule, that:
(1) informs the customer of the customer's rights
under the Deceptive Trade Practices-Consumer Protection Act
(Subchapter E, Chapter 17, Business & Commerce Code);
(2) provides contact information for the consumer
protection division of the office of the attorney general; and
(3) contains other information required by the
department.
(c) Failure to provide the notice required by Subsection (b)
is a violation of this chapter. The department may impose an
administrative penalty or take any other enforcement action
provided by this chapter or the Agriculture Code to deter,
restrain, or punish a person who violates this section. An
enforcement action by the department under this section is in
addition to remedies and penalties provided by the Deceptive Trade
Practices-Consumer Protection Act (Subchapter E, Chapter 17,
Business & Commerce Code).
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.