| 1 | 1 | | By: Kleinschmidt (Senate Sponsor - Estes) H.B. No. 2742 |
|---|
| 2 | 2 | | (In the Senate - Received from the House May 6, 2011; |
|---|
| 3 | 3 | | May 9, 2011, read first time and referred to Committee on |
|---|
| 4 | 4 | | Agriculture and Rural Affairs; May 17, 2011, reported favorably by |
|---|
| 5 | 5 | | the following vote: Yeas 4, Nays 0; May 17, 2011, sent to printer.) |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | A BILL TO BE ENTITLED |
|---|
| 9 | 9 | | AN ACT |
|---|
| 10 | 10 | | relating to the business of structural pest control. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Section 1951.003, Occupations Code, is amended |
|---|
| 13 | 13 | | to read as follows: |
|---|
| 14 | 14 | | Sec. 1951.003. BUSINESS OF STRUCTURAL PEST CONTROL. |
|---|
| 15 | 15 | | (a) In this chapter, a person is engaged in the "business of |
|---|
| 16 | 16 | | structural pest control" if the person performs, offers to perform, |
|---|
| 17 | 17 | | or advertises for or solicits the person's performance of any of the |
|---|
| 18 | 18 | | following services for compensation, including services performed |
|---|
| 19 | 19 | | as a part of the person's employment: |
|---|
| 20 | 20 | | (1) identifying infestations or making inspections |
|---|
| 21 | 21 | | for the purpose of identifying or attempting to identify |
|---|
| 22 | 22 | | infestations of: |
|---|
| 23 | 23 | | (A) arthropods, including insects, spiders, |
|---|
| 24 | 24 | | mites, ticks, and related pests, wood-infesting organisms, |
|---|
| 25 | 25 | | rodents, weeds, nuisance birds, and any other obnoxious or |
|---|
| 26 | 26 | | undesirable animals that may infest households, railroad cars, |
|---|
| 27 | 27 | | ships, docks, trucks, airplanes, or other structures or their |
|---|
| 28 | 28 | | contents; or |
|---|
| 29 | 29 | | (B) pests or diseases of trees, shrubs, or other |
|---|
| 30 | 30 | | plantings in a park or adjacent to a residence, business |
|---|
| 31 | 31 | | establishment, industrial plant, institutional building, or |
|---|
| 32 | 32 | | street; |
|---|
| 33 | 33 | | (2) making oral or written inspection reports, |
|---|
| 34 | 34 | | recommendations, estimates, or bids with respect to an infestation |
|---|
| 35 | 35 | | described by Subdivision (1); or |
|---|
| 36 | 36 | | (3) making contracts, or submitting bids based on an |
|---|
| 37 | 37 | | inspection for services or performing services designed to prevent, |
|---|
| 38 | 38 | | control, or eliminate an infestation described by Subdivision (1) |
|---|
| 39 | 39 | | by the use of insecticides, pesticides, rodenticides, fumigants, |
|---|
| 40 | 40 | | allied chemicals or substances, or mechanical devices. |
|---|
| 41 | 41 | | (b) A person is not engaged in the business of structural |
|---|
| 42 | 42 | | pest control if the person is a clerical employee or a manual |
|---|
| 43 | 43 | | laborer and the person does not: |
|---|
| 44 | 44 | | (1) identify pests; |
|---|
| 45 | 45 | | (2) make inspections, recommendations, estimates, |
|---|
| 46 | 46 | | bids, or contracts; |
|---|
| 47 | 47 | | (3) provide estimates, bids, or contracts based on an |
|---|
| 48 | 48 | | inspection; or |
|---|
| 49 | 49 | | (4) apply insecticides, pesticides, rodenticides, |
|---|
| 50 | 50 | | fumigants, allied chemicals, or other related substances regulated |
|---|
| 51 | 51 | | by the department. |
|---|
| 52 | 52 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 53 | 53 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 54 | 54 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 55 | 55 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 56 | 56 | | Act takes effect September 1, 2011. |
|---|
| 57 | 57 | | * * * * * |
|---|