By: Kleinschmidt (Senate Sponsor - Estes) H.B. No. 2742
(In the Senate - Received from the House May 6, 2011;
May 9, 2011, read first time and referred to Committee on
Agriculture and Rural Affairs; May 17, 2011, reported favorably by
the following vote: Yeas 4, Nays 0; May 17, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the business of structural pest control.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 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, 2011.
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