Texas 2009 - 81st Regular

Texas Senate Bill SB768 Compare Versions

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Old	New	Differences
1	1	S.B. No. 768
2	2
3	3
4	4	AN ACT
5	5	relating to exemptions from the Texas Structural Pest Control Act;
6	6	providing penalties.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter B, Chapter 1951, Occupations Code, is
9	9	amended by adding Sections 1951.058 and 1951.059 to read as
10	10	follows:
11	11	Sec. 1951.058. ACTIVITIES NOT INVOLVING PESTICIDES. When
12	12	performed without the use of a pesticide, this chapter does not
13	13	apply to the:
14	14	(1) use of a raptor to control or relocate other birds;
15	15	(2) physical removal of pests or the habitat of pests
16	16	while cleaning a chimney;
17	17	(3) use of a live trap to remove an animal from the
18	18	premises of a residence, agricultural operation, or business
19	19	structure;
20	20	(4) removal by mechanical means of weeds or other
21	21	obstructing vegetation from a sewer, drainage system, body of
22	22	water, or similar area; or
23	23	(5) installation, maintenance, or use of a
24	24	nonpesticidal barrier to remove or prevent infestation by nuisance
25	25	animals.
26	26	Sec. 1951.059. ACTIVITIES INVOLVING MINIMAL RISK OF HARM.
27	27	(a) The department by rule may exempt an activity from all or part
28	28	of the requirements of this chapter, other than a requirement under
29	29	Section 1951.212, if the department determines that the activity
30	30	presents only a minimal risk of harm to the health, safety, and
31	31	welfare of the public, the person performing the activity, pets and
32	32	other domesticated animals, and the environment.
33	33	(b) A business that performs an activity exempted from
34	34	regulation under this section and that is not otherwise required to
35	35	hold a license issued under this chapter shall provide to each
36	36	customer a written notice, as prescribed by department rule, that:
37	37	(1) informs the customer of the customer's rights
38	38	under the Deceptive Trade Practices-Consumer Protection Act
39	39	(Subchapter E, Chapter 17, Business & Commerce Code);
40	40	(2) provides contact information for the consumer
41	41	protection division of the office of the attorney general; and
42	42	(3) contains other information required by the
43	43	department.
44	44	(c) Failure to provide the notice required by Subsection (b)
45	45	is a violation of this chapter. The department may impose an
46	46	administrative penalty or take any other enforcement action
47	47	provided by this chapter or the Agriculture Code to deter,
48	48	restrain, or punish a person who violates this section. An
49	49	enforcement action by the department under this section is in
50	50	addition to remedies and penalties provided by the Deceptive Trade
51	51	Practices-Consumer Protection Act (Subchapter E, Chapter 17,
52	52	Business & Commerce Code).
53	53	SECTION 2. This Act takes effect immediately if it receives
54	54	a vote of two-thirds of all the members elected to each house, as
55	55	provided by Section 39, Article III, Texas Constitution. If this
56	56	Act does not receive the vote necessary for immediate effect, this
57	57	Act takes effect September 1, 2009.
58	58	______________________________ ______________________________
59	59	President of the Senate Speaker of the House
60	60	I hereby certify that S.B. No. 768 passed the Senate on
61	61	April 9, 2009, by the following vote: Yeas 31, Nays 0; and that
62	62	the Senate concurred in House amendment on May 29, 2009, by the
63	63	following vote: Yeas 31, Nays 0.
64	64	______________________________
65	65	Secretary of the Senate
66	66	I hereby certify that S.B. No. 768 passed the House, with
67	67	amendment, on May 26, 2009, by the following vote: Yeas 143,
68	68	Nays 0, one present not voting.
69	69	______________________________
70	70	Chief Clerk of the House
71	71	Approved:
72	72	______________________________
73	73	Date
74	74	______________________________
75	75	Governor