87R4876 MP-D
By: Perry S.B. No. 395
A BILL TO BE ENTITLED
AN ACT
relating to the performance of pest control work by persons who hold
a commercial or noncommercial applicator license issued by the
Department of Agriculture.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1951.053(a), Occupations Code, is
amended to read as follows:
(a) Except as provided by Sections 1951.212 and
1951.457(c), this chapter does not apply to:
(1) a person who performs pest control work on growing
plants, trees, shrubs, grass, or other horticultural plants if the
person holds a commercial or noncommercial applicator license from
the department and issued under Chapter 76, Agriculture Code, that
covers the pest control work or is under the direct supervision of a
person who holds a commercial or noncommercial applicator license
from the department and issued under Chapter 76, Agriculture Code,
that covers pest control work; or
(2) a person who performs pest control work on growing
plants, trees, shrubs, grass, or other horticultural plants or
rights-of-way if the person:
(A) is employed by a political subdivision or a
cemetery;
(B) is engaged in pest control work or vegetation
management for the political subdivision or cemetery;
(C) holds a commercial or noncommercial
applicator license from the department and issued under Chapter 76,
Agriculture Code, that covers pest control work or is under the
direct supervision of a person who holds a commercial or
noncommercial applicator license from the department and issued
under Chapter 76, Agriculture Code, that covers pest control work;
and
(D) complies with annual continuing education
required 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, 2021.