| 1 | 1 | | 87R8982 DRS-F |
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| 2 | 2 | | By: Pacheco H.B. No. 2750 |
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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 exemption of certain activities from regulation as |
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| 8 | 8 | | a structural pest control service. |
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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. Subchapter B, Chapter 1951, Occupations Code, is |
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| 11 | 11 | | amended by adding Section 1951.060 to read as follows: |
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| 12 | 12 | | Sec. 1951.060. NUISANCE BIRDS. (a) This chapter does not |
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| 13 | 13 | | apply to a person who for compensation performs, offers to perform, |
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| 14 | 14 | | or advertises for or solicits the person's performance of |
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| 15 | 15 | | activities to control nuisance birds through the use of laser |
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| 16 | 16 | | lights, noise-emitting devices, or recorded sounds operating at a |
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| 17 | 17 | | volume that complies with any applicable municipal or county noise |
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| 18 | 18 | | ordinance, order, or rule. |
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| 19 | 19 | | (b) This section does not apply to or authorize the use of |
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| 20 | 20 | | any: |
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| 21 | 21 | | (1) device to kill, harm, trap, or collect live |
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| 22 | 22 | | nuisance birds; |
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| 23 | 23 | | (2) chemical; |
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| 24 | 24 | | (3) explosive device; |
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| 25 | 25 | | (4) device emitting noise in excess of an applicable |
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| 26 | 26 | | municipal or county noise ordinance, order, or rule; or |
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| 27 | 27 | | (5) activity involving a risk of: |
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| 28 | 28 | | (A) harm to a person, animal, or property; or |
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| 29 | 29 | | (B) damage to the environment. |
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| 30 | 30 | | SECTION 2. This Act takes effect immediately if it receives |
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| 31 | 31 | | a vote of two-thirds of all the members elected to each house, as |
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| 32 | 32 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 33 | 33 | | Act does not receive the vote necessary for immediate effect, this |
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| 34 | 34 | | Act takes effect September 1, 2021. |
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