| 1 | 1 | | 85R3380 BEF-F |
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| 2 | 2 | | By: Estes S.B. No. 1393 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the services that require a structural pest control |
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| 8 | 8 | | license; changing the applicability of an occupational license. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 1951.003, Occupations Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | Sec. 1951.003. BUSINESS OF STRUCTURAL PEST CONTROL. (a) |
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| 13 | 13 | | Subsection (b) applies to [In this chapter, a person is engaged in |
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| 14 | 14 | | the "business of structural pest control" if the person performs, |
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| 15 | 15 | | offers to perform, or advertises for or solicits the person's |
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| 16 | 16 | | performance of any of] the following services [for compensation, |
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| 17 | 17 | | including services performed as a part of the person's employment]: |
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| 18 | 18 | | (1) identifying infestations or making inspections |
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| 19 | 19 | | for the purpose of identifying or attempting to identify |
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| 20 | 20 | | infestations of: |
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| 21 | 21 | | (A) arthropods, including insects, spiders, |
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| 22 | 22 | | mites, ticks, and related pests, wood-infesting organisms, |
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| 23 | 23 | | rodents, weeds, nuisance birds, and any other obnoxious or |
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| 24 | 24 | | undesirable animals that may infest households, railroad cars, |
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| 25 | 25 | | ships, docks, trucks, airplanes, or other structures or their |
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| 26 | 26 | | contents; or |
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| 27 | 27 | | (B) pests or diseases of trees, shrubs, or other |
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| 28 | 28 | | plantings in a park or adjacent to a residence, business |
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| 29 | 29 | | establishment, industrial plant, institutional building, or |
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| 30 | 30 | | street; |
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| 31 | 31 | | (2) making oral or written inspection reports, |
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| 32 | 32 | | recommendations, estimates, or bids with respect to an infestation |
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| 33 | 33 | | described by Subdivision (1); or |
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| 34 | 34 | | (3) making contracts, or submitting bids based on an |
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| 35 | 35 | | inspection for services or performing services designed to prevent, |
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| 36 | 36 | | control, or eliminate an infestation described by Subdivision (1) |
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| 37 | 37 | | by the use of insecticides, pesticides, rodenticides, fumigants, |
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| 38 | 38 | | allied chemicals or substances, or mechanical devices. |
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| 39 | 39 | | (b) A person is engaged in the "business of structural pest |
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| 40 | 40 | | control" and required to hold a license under this chapter if the |
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| 41 | 41 | | person: |
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| 42 | 42 | | (1) advertises or solicits to perform any service |
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| 43 | 43 | | described by Subsection (a); or |
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| 44 | 44 | | (2) performs or offers to perform for compensation any |
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| 45 | 45 | | service described by Subsection (a), including a service performed |
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| 46 | 46 | | as part of the person's employment. |
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| 47 | 47 | | (c) A person is not engaged in the business of structural |
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| 48 | 48 | | pest control if the person is a clerical employee or a manual |
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| 49 | 49 | | laborer and the person does not: |
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| 50 | 50 | | (1) identify pests; |
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| 51 | 51 | | (2) make inspections, recommendations, estimates, |
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| 52 | 52 | | bids, or contracts; |
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| 53 | 53 | | (3) provide estimates, bids, or contracts based on an |
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| 54 | 54 | | inspection; [or] |
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| 55 | 55 | | (4) apply insecticides, pesticides, rodenticides, |
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| 56 | 56 | | fumigants, allied chemicals, or other related substances regulated |
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| 57 | 57 | | by the department; or |
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| 58 | 58 | | (5) advertise or solicit to perform any service |
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| 59 | 59 | | described by Subsection (a). |
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| 60 | 60 | | SECTION 2. The changes in law made by this Act apply only to |
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| 61 | 61 | | conduct that occurs on or after the effective date of this Act. |
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| 62 | 62 | | Conduct that occurs before the effective date of this Act is |
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| 63 | 63 | | governed by the law in effect when the conduct occurs, and the |
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| 64 | 64 | | former law is continued in effect for that purpose. |
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| 65 | 65 | | SECTION 3. This Act takes effect immediately if it receives |
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| 66 | 66 | | a vote of two-thirds of all the members elected to each house, as |
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| 67 | 67 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 68 | 68 | | Act does not receive the vote necessary for immediate effect, this |
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| 69 | 69 | | Act takes effect September 1, 2017. |
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