| 1 | 1 | | 87R4876 MP-D |
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| 2 | 2 | | By: Perry S.B. No. 395 |
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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 performance of pest control work by persons who hold |
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| 8 | 8 | | a commercial or noncommercial applicator license issued by the |
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| 9 | 9 | | Department of Agriculture. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 1951.053(a), Occupations Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (a) Except as provided by Sections 1951.212 and |
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| 14 | 14 | | 1951.457(c), this chapter does not apply to: |
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| 15 | 15 | | (1) a person who performs pest control work on growing |
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| 16 | 16 | | plants, trees, shrubs, grass, or other horticultural plants if the |
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| 17 | 17 | | person holds a commercial or noncommercial applicator license from |
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| 18 | 18 | | the department and issued under Chapter 76, Agriculture Code, that |
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| 19 | 19 | | covers the pest control work or is under the direct supervision of a |
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| 20 | 20 | | person who holds a commercial or noncommercial applicator license |
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| 21 | 21 | | from the department and issued under Chapter 76, Agriculture Code, |
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| 22 | 22 | | that covers pest control work; or |
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| 23 | 23 | | (2) a person who performs pest control work on growing |
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| 24 | 24 | | plants, trees, shrubs, grass, or other horticultural plants or |
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| 25 | 25 | | rights-of-way if the person: |
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| 26 | 26 | | (A) is employed by a political subdivision or a |
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| 27 | 27 | | cemetery; |
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| 28 | 28 | | (B) is engaged in pest control work or vegetation |
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| 29 | 29 | | management for the political subdivision or cemetery; |
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| 30 | 30 | | (C) holds a commercial or noncommercial |
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| 31 | 31 | | applicator license from the department and issued under Chapter 76, |
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| 32 | 32 | | Agriculture Code, that covers pest control work or is under the |
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| 33 | 33 | | direct supervision of a person who holds a commercial or |
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| 34 | 34 | | noncommercial applicator license from the department and issued |
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| 35 | 35 | | under Chapter 76, Agriculture Code, that covers pest control work; |
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| 36 | 36 | | and |
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| 37 | 37 | | (D) complies with annual continuing education |
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| 38 | 38 | | required by the department. |
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| 39 | 39 | | SECTION 2. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2021. |
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