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2009 Texas Code
OCCUPATIONS CODE
TITLE 12. PRACTICES AND TRADES RELATED TO WATER, HEALTH, AND SAFETY
CHAPTER 1951. STRUCTURAL PEST CONTROL

OCCUPATIONS CODE

TITLE 12. PRACTICES AND TRADES RELATED TO WATER, HEALTH, AND

SAFETY

SUBTITLE B. PRACTICES RELATED TO HEALTH AND SAFETY

CHAPTER 1951. STRUCTURAL PEST CONTROL

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 1951.001. SHORT TITLE. This chapter may be cited as the

Texas Structural Pest Control Act.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1951.002. DEFINITIONS. In this chapter:

(1) "Apartment building" means a building that contains at least

two dwelling units that are rented primarily for nontransient

permanent dwelling purposes, with rental paid by intervals of one

week or longer.

(2) Repealed by Acts 2007, 80th Leg., R.S., Ch. 890, Sec.

1.79(1), eff. September 1, 2007.

(3) "Certified applicator" means a certified commercial

applicator or a certified noncommercial applicator.

(4) "Certified commercial applicator" means a person who holds a

certified commercial applicator's license.

(5) "Certified noncommercial applicator" means a person who

holds a certified noncommercial applicator's license.

(5-a) "Commissioner" means the commissioner of agriculture.

(5-b) "Committee" means the structural pest control advisory

committee.

(6) "Day-care center" has the meaning assigned by Section

42.002, Human Resources Code.

(6-a) "Department" means the Department of Agriculture.

(7) "Device" means an instrument or contrivance that is designed

for trapping, destroying, repelling, or mitigating the effects of

a pest or another form of plant or animal life, other than human

beings or bacteria, viruses, or other microorganisms that live on

or in human beings or animals. The term does not include:

(A) a firearm; or

(B) equipment used for the application of pesticides that is

sold separately from a device.

(8) "Hospital" has the meaning assigned by Section 241. 003,

Health and Safety Code.

(9) "Institution of higher education" has the meaning assigned

by Section 61.003, Education Code.

(10) "Nursing home" means an institution as that term is defined

by Section 242.002, Health and Safety Code.

(11) "Person" means an individual, firm, partnership,

corporation, association, or other organization, any combination

of those persons, or any type of business entity.

(12) "Restricted-use pesticide" means a pesticide classified for

restricted or limited use by the administrator of the United

States Environmental Protection Agency.

(13) "School" means a:

(A) public primary or secondary school; or

(B) private or parochial primary or secondary school that is

accredited by an accreditation body that is a member of the Texas

Private School Accreditation Commission.

(14) "State-limited-use pesticide" means a pesticide classified

for restricted or limited use by the commissioner.

(15) "Structural pest control business license" means a license

issued under Section 1951.301.

(16) "Technician" means a person who holds a license under this

chapter and who, under direct supervision of a certified

noncommercial applicator or, as an employee of a holder of a

structural pest control business license, performs supervised

pesticide applications, maintains or uses structural pest control

devices, makes sales presentations, or identifies pest

infestation or damage. The term does not include a person whose

duties are solely clerical or are otherwise completely

disassociated with pest control.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.01, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.79(1), eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

506, Sec. 7.02, eff. September 1, 2009.

Sec. 1951.0021. STRUCTURAL PEST CONTROL SERVICE. The Structural

Pest Control Service is a service of the department responsible

for the regulation and licensing of persons engaged in the

business of structural pest control. The service is established

to provide exceptional customer service to the public and the

industry, enhance the educational and professional standards of

license holders, and ensure the health, safety, and welfare of

the public.

Added by Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.02, eff. September 1, 2007.

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 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.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

506, Sec. 7.03, eff. September 1, 2009.

Sec. 1951.004. DIRECT SUPERVISION. In this chapter, a pesticide

is applied under direct supervision if the application is made by

a person acting under the instructions and control of a certified

commercial applicator responsible for the actions of the person

and available if needed for consultation or assistance. The

certified commercial applicator is not required to be physically

present at the time and place of the pesticide application.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1951.005. LOCAL REGULATION OF PESTICIDE SALE OR USE. (a)

Except as provided by this section, a municipality or other

political subdivision of this state may not adopt an ordinance or

rule regarding pesticide sale or use.

(b) This section does not limit the authority of a municipality

or county to:

(1) encourage locally approved and provided educational material

concerning a pesticide;

(2) zone for the sale or storage of pesticide products;

(3) adopt fire or building regulations, including regulations

governing the storage of pesticide products or governing

fumigation and thermal insecticidal fogging operations, as

preventative measures to protect the public and emergency

services personnel from an accident or emergency involving

pesticide products;

(4) provide or designate sites for the disposal of pesticide

products;

(5) route hazardous materials; or

(6) regulate discharge to sanitary sewer systems.

action otherwise prohibited by this section to:

(1) comply with any federal or state requirements;

(2) avoid a federal or state penalty or fine; or

(3) attain or maintain compliance with federal or state

environmental standards, including state water quality standards.

(d) This section does not affect Subchapter G, Chapter 76,

Agriculture Code.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1951.006. APPLICABILITY OF FEES TO GOVERNMENT EMPLOYEES. A

person employed by a governmental entity is not exempt from a fee

imposed under this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1951.007. APPLICABILITY OF AGRICULTURE CODE LICENSING

PROVISIONS. A provision of the Agriculture Code that applies

generally to licensing or regulatory programs administered by the

department, including a provision that refers generally to

licensing or regulatory programs under the Agriculture Code,

applies to this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

506, Sec. 7.04, eff. September 1, 2009.

SUBCHAPTER B. EXEMPTIONS

Sec. 1951.051. INDIVIDUAL PERFORMING PEST CONTROL WORK ON OWN OR

EMPLOYER'S PREMISES. (a) An individual who does not hold a

license under this chapter may use insecticides, pesticides,

rodenticides, fumigants, or allied chemicals or substances or

mechanical devices designed to prevent, control, or eliminate

pest infestations unless:

(1) that use is prohibited by state law or rule;

(2) that use is prohibited by rule of the United States

Environmental Protection Agency; or

(3) the substance used is labeled as a restricted-use pesticide

or a state-limited-use pesticide.

(b) An individual may act under Subsection (a) only on premises:

(1) owned by the individual;

(2) in which the individual owns a partnership or joint venture

interest; or

(3) of a person who employs the individual primarily to perform

services other than pest control.

(1) an apartment building;

(2) a day-care center;

(3) a hospital;

(4) a nursing home;

(5) a hotel, motel, or lodge;

(6) a warehouse;

(7) a food-processing establishment;

(8) a facility owned by the state or a political subdivision of

the state, except as provided by Section 1951.303(b)(1); or

(9) a school.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1951.052. PERSON PERFORMING PEST CONTROL WORK ON PERSON'S

DWELLING. (a) Except as provided by Sections 1951.212 and

1951.457(c), this chapter does not apply to a person who performs

pest control work on property that the person owns or leases as

the person's dwelling.

(b) A person described by Subsection (a) is not considered to be

engaged in the business of structural pest control.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1951.053. PERSON PERFORMING PEST CONTROL WORK OTHERWISE

REGULATED BY DEPARTMENT. (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

(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;

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.

(b) A person described by Subsection (a) is not considered to be

engaged in the business of structural pest control.

political subdivision from reducing the number of hours of

training or other requirements for an employee conducting larval

mosquito control on property owned or controlled by the political

subdivision using biological pesticides approved for general use

by the Department of State Health Services, provided the employee

is given instructions adequate to ensure the safe and effective

use of such pesticides.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 884, Sec. 2, eff. June

20, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.03, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

506, Sec. 7.05, eff. September 1, 2009.

Sec. 1951.054. PERSON PERFORMING PEST CONTROL WORK ON

AGRICULTURAL LAND. (a) Except as provided by Sections 1951.212

and 1951.457(c), this chapter does not apply to a person or the

person's employee who is engaged in the business of agriculture

or aerial application or custom application of pesticides to

agricultural lands.

(b) A person described by Subsection (a) is not considered to be

engaged in the business of structural pest control.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1951.055. PERSON USING PEST CONTROL CHEMICALS FOR HOUSEHOLD

USE. (a) Except as provided by Sections 1951.212 and

1951.457(c), this chapter does not apply to a person who uses

pest control chemicals that are for household use and are

available for purchase in retail food stores, such as aerosol

bombs and spray cans, if the insecticide is used in accordance

with the label directions on the insecticide or with department

rules or guidelines or as provided by Section 1951.303 and is:

(1) used by the owner of a building or the owner's employee or

agent in an area occupied by the owner in a residential building;

(2) used in a place that is vacant, unused, and unoccupied.

(b) A person described by Subsection (a) is not considered to be

engaged in the business of structural pest control.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.04, eff. September 1, 2007.

Sec. 1951.056. BEEKEEPERS. (a) Except as provided by Sections

1951.212 and 1951.457(c), this chapter does not apply to a person

acting as a beekeeper, as defined by Section 131.001, Agriculture

Code, who:

(1) is registered with the chief apiary inspector as provided by

Subchapter C, Chapter 131, Agriculture Code;

(2) does not use pesticides or electrical devices other than

conventional bee smokers or equipment as defined by Section

131.001, Agriculture Code; and

(3) collects, removes, or destroys honey bees.

(b) A person described by Subsection (a) is not considered to be

engaged in the business of structural pest control.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.05, eff. September 1, 2007.

Sec. 1951.057. FALCONERS. (a) This chapter does not apply to a

person engaged in falconry, as defined by Section 49.001, Parks

and Wildlife Code, who:

(1) is the holder of a falconer's permit as provided by Chapter

49, Parks and Wildlife Code; and

(2) uses a raptor to control or relocate other birds.

(b) A person described by Subsection (a) is not considered to be

engaged in the business of structural pest control.

Added by Acts 2009, 81st Leg., R.S., Ch.

325, Sec. 1, eff. June 19, 2009.

Sec. 1951.058. ACTIVITIES NOT INVOLVING PESTICIDES. When

performed without the use of a pesticide, this chapter does not

apply to the:

(1) use of a raptor to control or relocate other birds;

(2) physical removal of pests or the habitat of pests while

cleaning a chimney;

(3) use of a live trap to remove an animal from the premises of

a residence, agricultural operation, or business structure;

(4) removal by mechanical means of weeds or other obstructing

vegetation from a sewer, drainage system, body of water, or

similar area; or

(5) installation, maintenance, or use of a nonpesticidal barrier

to remove or prevent infestation by nuisance animals.

Added by Acts 2009, 81st Leg., R.S., Ch.

762, Sec. 1, eff. June 19, 2009.

Sec. 1951.059. ACTIVITIES INVOLVING MINIMAL RISK OF HARM. (a)

The department by rule may exempt an activity from all or part of

the requirements of this chapter, other than a requirement under

Section 1951.212, if the department determines that the activity

presents only a minimal risk of harm to the health, safety, and

welfare of the public, the person performing the activity, pets

and other domesticated animals, and the environment.

(b) A business that performs an activity exempted from

regulation under this section and that is not otherwise required

to hold a license issued under this chapter shall provide to each

customer a written notice, as prescribed by department rule,

that:

(1) informs the customer of the customer's rights under the

Deceptive Trade Practices-Consumer Protection Act (Subchapter E,

Chapter 17, Business & Commerce Code);

(2) provides contact information for the consumer protection

division of the office of the attorney general; and

(3) contains other information required by the department.

a violation of this chapter. The department may impose an

administrative penalty or take any other enforcement action

provided by this chapter or the Agriculture Code to deter,

restrain, or punish a person who violates this section. An

enforcement action by the department under this section is in

addition to remedies and penalties provided by the Deceptive

Trade Practices-Consumer Protection Act (Subchapter E, Chapter

17, Business & Commerce Code).

Added by Acts 2009, 81st Leg., R.S., Ch.

762, Sec. 1, eff. June 19, 2009.

SUBCHAPTER C. STRUCTURAL PEST CONTROL ADVISORY COMMITTEE

Sec. 1951.101. COMMITTEE MEMBERSHIP. (a) The committee

consists of nine members appointed by the commissioner as

follows:

(1) two members who are experts in structural pest control

application;

(2) three members who represent the public;

(3) one member from an institution of higher education who is

knowledgeable in the science of pests and pest control;

(4) one member who represents the interests of structural pest

control operators and who is appointed based on recommendations

provided by a trade association of operators;

(5) one member who represents the interests of consumers; and

(6) the commissioner of state health services or the

commissioner's designee.

(b) Members of the committee serve staggered four-year terms.

The terms of four or five members, as appropriate, expire on

February 1 of each odd-numbered year.

an additional duty of the member's office or employment.

(d) Appointments to the committee shall be made without regard

to the race, color, disability, sex, religion, age, or national

origin of the appointee.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.07, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

506, Sec. 7.06, eff. September 1, 2009.

Sec. 1951.102. ELIGIBILITY OF PUBLIC MEMBERS. A person is not

eligible for appointment as a public member of the committee if:

(1) the person is licensed under this chapter; or

(2) the person or the person's spouse:

(A) is registered, certified, or licensed by an occupational

regulatory agency in the field of pest control;

(B) is employed by or participates in the management of a

business entity or other organization regulated by the department

or receiving funds from the department;

percent interest in a business entity or other organization

regulated by the department or receiving funds from the

department; or

(D) uses or receives a substantial amount of tangible goods,

services, or funds from the department, other than compensation

or reimbursement authorized by law for committee membership,

attendance, or expenses.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.08, eff. September 1, 2007.

Sec. 1951.103. MEMBERSHIP RESTRICTIONS. (a) In this section,

"Texas trade association" means a cooperative and voluntarily

joined statewide association of business or professional

competitors in this state designed to assist its members and its

industry or profession in dealing with mutual business or

professional problems and in promoting their common interest.

(b) A person may not be a member of the committee if:

(1) the person is an officer, employee, or paid consultant of a

Texas trade association in the field of pest control except as

provided by Section 1951.101(a)(4); or

(2) the person's spouse is an officer, manager, or paid

consultant of a Texas trade association in the field of pest

control.

is required to register as a lobbyist under Chapter 305,

Government Code, because of the person's activities for

compensation on behalf of a profession related to the operation

of the department.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.09, eff. September 1, 2007.

Sec. 1951.104. DUTIES OF COMMITTEE.The committee shall:

(1) gather and provide information relating to the practice of

structural pest control at the request of the department or the

commissioner; and

(2) advise the department and the commissioner on:

(A) the education and curricula requirements for applicants;

(B) the content of examinations under this chapter;

structural pest control and rules related to enforcement;

(D) standards and criteria for the issuance of licenses under

this chapter;

(E) fees for license applications and examinations under this

chapter; and

(F) other issues affecting the practice of structural pest

control.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.10, eff. September 1, 2007.

Sec. 1951.105. RULES GOVERNING COMMITTEE; COMMITTEE MEETINGS.

(a) The department shall adopt rules for the operation of the

committee, including rules governing:

(1) the purpose, role, responsibility, and goals of the

committee;

(2) the quorum requirements for the committee;

(3) the qualifications required for members of the committee,

which may include experience and geographic representation

requirements;

(4) the appointment process for the committee;

(5) the members' terms;

(6) the training requirements;

(7) a process to regularly evaluate the effectiveness of the

committee; and

(8) a requirement that the committee comply with Chapter 551,

Government Code.

(b) The committee shall:

(1) meet quarterly;

(2) operate under Robert's Rules of Order; and

(3) record the minutes of each meeting.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.11, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

506, Sec. 7.07, eff. September 1, 2009.

Sec. 1951.106. APPLICABILITY OF OTHER LAW TO COMMITTEE. (a)

Section 2110.008, Government Code, does not apply to the

committee.

(b) Repealed by Acts 2007, 80th Leg., R.S., Ch. 890, Sec.

1.79(3), eff. September 1, 2007.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.12, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.13, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.79(3), eff. September 1, 2007.

SUBCHAPTER E. POWERS AND DUTIES OF DEPARTMENT RELATING TO

STRUCTURAL PEST CONTROL

Sec. 1951.201. SOLE LICENSING AUTHORITY; FEES. (a) The

department is the sole authority in this state for licensing

persons engaged in the business of structural pest control.

(b) The department, with the advice of the committee, shall

establish fees under this chapter in amounts reasonable and

necessary to cover the costs of administering the department's

programs and activities under this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.15, eff. September 1, 2007.

Sec. 1951.203. STANDARDS AND CRITERIA FOR LICENSES. The

department, with the advice of the committee, shall develop

standards and criteria for issuing:

(1) a structural pest control business license to a person

engaged in the business of structural pest control;

(2) a certified commercial applicator's license to an individual

engaged in the business of structural pest control;

(3) a certified noncommercial applicator's license to an

individual; and

(4) a technician license to an individual.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.17, eff. September 1, 2007.

Sec. 1951.204. SUBPOENA AUTHORITY. (a) As part of an

investigation under this chapter, the commissioner may request

and, if necessary, compel by subpoena:

(1) the attendance of witnesses for examination under oath; and

(2) the production for inspection and copying of records,

documents, and other evidence relevant to the investigation of an

alleged violation of this chapter.

(b) The commissioner, acting through the attorney general, may

bring an action to enforce a subpoena issued under Subsection (a)

against a person who fails to comply with the subpoena.

district court in:

(1) Travis County; or

(2) the county in which the alleged violation occurred.

(d) The court shall order compliance with the subpoena if the

court finds that good cause exists to issue the subpoena.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.18, eff. September 1, 2007.

Sec. 1951.205. ENVIRONMENTAL RULES. (a) The department, with

the advice of the committee, shall adopt rules as authorized

under this chapter governing the methods and practices of

structural pest control that the department determines are

necessary to protect the public's health and welfare and prevent

adverse effects on human life and the environment. Each rule

adopted must cite the section of this chapter that authorizes the

rule.

(b) A rule relating to the use of economic poisons must comply

with applicable standards of the federal government and the

commissioner governing the use of such substances.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.19, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

506, Sec. 7.08, eff. September 1, 2009.

Sec. 1951.206. RULES RESTRICTING ADVERTISING OR COMPETITIVE

BIDDING. (a) Except as provided by Subsection (b), the

department may not adopt a rule restricting advertising or

competitive bidding by a person regulated by the department under

this chapter.

(b) The department may adopt rules restricting advertising or

competitive bidding to prohibit false, misleading, or deceptive

practices by a person regulated by the department under this

chapter. A rule adopted under this subsection may not:

(1) restrict the use of any medium for advertising;

(2) restrict a person's personal appearance or use of a person's

voice in an advertisement;

(3) relate to the size or duration of an advertisement by a

person; or

(4) restrict a person's advertisement under a trade name.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.20, eff. September 1, 2007.

Sec. 1951.207. INSPECTION OF LICENSE HOLDERS. (a) The

department by rule shall adopt a policy that requires a business

holding a structural pest control business license to be

inspected by a field inspector at least once:

(1) in the business's first year of operation; and

(2) every four years after the first year of operation.

(b) The department by rule shall adopt a policy and guidelines

for conducting an investigation under this chapter, including:

(1) procedures for investigating a complaint concerning misuse

of pesticides, including contamination by pesticides and human

exposure to pesticides;

(2) the circumstances in which a case should be referred to the:

(A) Department of State Health Services;

(B) Texas Commission on Environmental Quality; or

(3) recommendations to consumers and applicators regarding

cleanup after a spill or misapplication; and

(4) procedures for residue sampling, including the circumstances

in which to take a residue sample and the time in which the

sample should be taken.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.21, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

506, Sec. 7.09, eff. September 1, 2009.

Sec. 1951.208. MISAPPLICATION OF PESTICIDES. (a) If an

investigation shows that a misapplication of pesticides has

occurred on the premises of a consumer, the department shall

immediately notify the consumer and the applicator of the

misapplication.

(b) On a finding of misapplication, the department shall keep

records of health injuries and property damages resulting from

the misapplication reported to the department by a:

(1) certified applicator;

(2) physician;

(3) person holding a structural pest control business license;

(4) technician;

(5) consumer; or

(6) state agency.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.22, eff. September 1, 2007.

Sec. 1951.209. AVAILABILITY OF CERTAIN INFORMATION. The

department may make available to the Department of State Health

Services under the occupational condition reporting program

established under Chapter 84, Health and Safety Code, any

information the department receives concerning an exposure to a

pesticide caused by a person licensed under this chapter that

results in a medically verifiable illness. The department and

the executive commissioner of the Health and Human Services

Commission shall adopt joint rules for making that information

available to the Department of State Health Services. The rules

must require the department to make that information available to

an institution of higher education that conducts research in

urban entomology, epidemiology, or other areas related to

structural pest control.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.23, eff. September 1, 2007.

Sec. 1951.210. PRETREATMENT INSPECTION SERVICE; FEES;

LIABILITY. (a) The department may provide a pretreatment

inspection service to consumers. A pretreatment inspection is

limited to a determination of whether there is an infestation of

pests on the premises inspected.

(b) On the request of a consumer, the department may make

available an inspector employed by the department to inspect the

premises of the consumer if the consumer has obtained, from at

least two pest control companies:

(1) a determination that there is an infestation of pests on the

premises; and

(2) an estimate of the cost of the treatment.

inspection in an amount sufficient to pay the cost of providing

the service.

(d) The department is not liable for any damages that may arise

as a result of an inspection made under this section that is

subsequently found to be incorrect.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.24, eff. September 1, 2007.

Sec. 1951.211. CONSULTATION WITH INTEGRATED PEST MANAGEMENT

TECHNIQUES EXPERT. The department may contract with an

institution of higher education for the services of an expert in

integrated pest management to consult with the department,

department staff, license holders, and the public regarding

integrated pest management techniques.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.25, eff. September 1, 2007.

Sec. 1951.212. INTEGRATED PEST MANAGEMENT PROGRAMS FOR SCHOOL

DISTRICTS. (a) The department shall establish standards for an

integrated pest management program for the use of pesticides,

herbicides, and other chemical agents to control pests, rodents,

insects, and weeds at the school buildings and other facilities

of school districts.

(b) The department shall use the structural pest control

advisory committee to assist the department in developing the

standards for the integrated pest management program. In

developing the standards, the advisory committee shall consult

with a person knowledgeable in the area of integrated pest

management in schools.

section a requirement to use the least toxic methods available

to control pests, rodents, insects, and weeds.

(d) The department by rule shall establish categories of

pesticides that a school district is allowed to apply. For each

category, the department shall specify:

(1) the minimum distance a school district must maintain between

an area where pesticides are being applied and an area where

students are present at the time of application;

(2) the minimum amount of time a school district is required to

wait before allowing students to enter an indoor or outdoor area

in a school building or on school grounds for normal academic

instruction or organized extracurricular activities after

pesticides have been applied;

(3) the requirements for posting notice of the indoor and

outdoor use of pesticides;

(4) the requirements for obtaining approval before applying the

pesticide; and

(5) the requirements for maintaining records of the application

of pesticides.

(e) Each school district shall:

(1) adopt an integrated pest management program that

incorporates the standards established by the department under

this section;

(2) designate an integrated pest management coordinator for the

district; and

(3) report to the department not later than the 90th day after

the date the district designates or replaces an integrated pest

management coordinator the name, address, telephone number, and

e-mail address of the district's current coordinator.

(f) Each person who is designated as the integrated pest

management coordinator for a school district shall successfully

complete six hours of continuing education in integrated pest

management every three years.

(g) The department shall inspect each school district at least

once every five years for compliance with this section and may

conduct additional inspections based on a schedule of risk-based

inspections using the following criteria:

(1) whether there has been a prior violation by the school

district;

(2) the inspection history of the school district;

(3) any history of complaints involving the school district;

and

(4) any other factor determined by the department by rule.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.26, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

506, Sec. 7.10, eff. September 1, 2009.

SUBCHAPTER F. PUBLIC INTEREST INFORMATION AND COMPLAINT

PROCEDURES

Sec. 1951.251. PUBLIC INTEREST INFORMATION. (a) The

department, with the advice of the committee, shall prepare

information of public interest describing the functions of the

department under this chapter and the procedures by which

complaints are filed with and resolved by the department under

this chapter.

(b) The department shall make the information available to the

public and appropriate state agencies.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.27, eff. September 1, 2007.

Sec. 1951.252. COMPLAINTS. (a) The department by rule shall

establish methods by which consumers and service recipients are

notified of the name, mailing address, and telephone number of

the department for the purpose of directing complaints to the

department under this chapter. The department may provide for

that notice:

(1) on each license form, application, or written contract for

services of a person regulated under this chapter;

(2) on a sign prominently displayed in the place of business of

each person regulated under this chapter; or

(3) in a bill for services provided by a person regulated under

this chapter.

(b) The department shall keep an information file about each

complaint filed with the department under this chapter that the

department has authority to resolve.

this chapter that the department has authority to resolve, the

department, at least quarterly and until final disposition of the

complaint, shall notify the parties to the complaint of the

status of the complaint unless the notice would jeopardize an

undercover investigation.

(d) The department shall provide to a license holder against

whom a complaint has been filed under this chapter:

(1) the allegations made against the license holder in the

complaint; and

(2) on the license holder's request, any information obtained by

the department in its investigation of the complaint.

(e) The department shall provide the information required under

Subsection (d) in a timely manner to allow the license holder

time to respond to the complaint.

(f) The commissioner may allow an authorized employee of the

department to dismiss a complaint if an investigation

demonstrates that:

(1) a violation did not occur; or

(2) the subject of the complaint is outside the department's

jurisdiction under this chapter.

(g) An employee who dismisses a complaint under Subsection (f)

shall report the dismissal to the commissioner. The report must

include a sufficient explanation of the reason the complaint was

dismissed.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.28, eff. September 1, 2007.

Sec. 1951.253. PUBLIC PARTICIPATION. (a) The department shall

develop and implement policies that provide the public with a

reasonable opportunity to appear before the committee and to

speak on any issue for which the committee has a duty under this

chapter to advise the department.

(b) The department shall prepare and maintain a written plan

that describes how a person who does not speak English or who has

a physical, mental, or developmental disability can be provided

reasonable access to the department's programs under this

chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.29, eff. September 1, 2007.

Sec. 1951.254. PUBLIC INFORMATION PROGRAM. (a) The department

shall establish a public information program as provided by this

section and Sections 1951.453-1951.456 to inform the public about

the practice and regulation of structural pest control.

(b) The department may create a public information program

advisory committee to assist in the development of a public

information program.

appropriate state agencies the information compiled as part of

the program.

(d) The public information program must:

(1) include the adoption and distribution, in a manner that the

department considers appropriate, of a standard form for

complaints under this chapter;

(2) inform prospective applicants for licensing under this

chapter about the qualifications and requirements for licensing;

(3) inform applicants, license holders, and the public on the

department's Internet website, in department brochures, and on

any other available information resource about the department's

enforcement process under this chapter, including each step in

the complaint investigation and resolution process, from initial

filing thorough final appeal; and

(4) inform license holders that a license holder may obtain

information about a complaint made against the license holder and

may obtain on request a copy of the complaint file.

(e) The department shall develop a clear, factual, and balanced

information sheet of one or more pages containing information on:

(1) the pest control industry;

(2) chemicals used in structural pest control;

(3) general health and safety issues relating to structural pest

control;

(4) precautions to take before, during, and after application;

(5) steps to take if a misapplication, including an

underapplication or an overapplication, is suspected; and

(6) any other matters determined by the department.

(f) The information sheet must include:

(1) the names and telephone numbers of the department and the

Department of State Health Services;

(2) the telephone number of any pesticide hotline established by

a state or federal agency or by a state university;

(3) a statement of a consumer's rights under Chapter 601,

Business & Commerce Code, to cancel a home solicitation

transaction; and

(4) information concerning the availability of any pretreatment

inspection service that may be provided by the department under

Section 1951.210.

(g) The department shall develop a sign to be posted in the area

of an indoor treatment that contains:

(1) the date of the planned treatment; and

(2) any other information required by the department.

(h) The department shall make available a consumer and industry

telephone hotline to provide direct access to the Structural Pest

Control Service to ensure timely and efficient assistance with

industry and consumer needs.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.29, eff. April 1, 2009.

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.30, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

506, Sec. 7.11, eff. September 1, 2009.

Sec. 1951.255. ENFORCEMENT INFORMATION. (a) The department

shall make available to the public information about each final

enforcement action taken by the department against a person under

this chapter. The department shall provide this information on

its Internet website and in other appropriate publications.

(b) The department may determine the format in which it will

provide the information required under this section.

Added by Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.31, eff. September 1, 2007.

SUBCHAPTER G. LICENSE REQUIREMENTS, ISSUANCE, AND RENEWAL

Sec. 1951.301. STRUCTURAL PEST CONTROL BUSINESS LICENSE

REQUIRED. (a) In this section, "branch office" means any place

of business, other than the primary office or a facility serving

solely as a telephone answering service, that has at least one

employee during normal business hours who is capable of:

(1) answering customers' normal questions;

(2) scheduling normal inspections or work; or

(3) performing structural pest control functions.

(b) A person may not engage in the business of structural pest

control unless the person:

(1) meets the standards set by the department under this

chapter; and

(2) holds a structural pest control business license issued

under this chapter.

and the person's employees to engage in the business of

structural pest control under the direct supervision of a

certified commercial applicator.

(d) A person engaged in the business of structural pest control

must hold a structural pest control business license for each

place of business, including each branch office. A certified

commercial applicator, certified noncommercial applicator, or

licensed technician is not required to obtain a separate license

for each branch office of an employer.

(e) Each structural pest control business license holder shall

employ a certified commercial applicator at all times.

(f) A certified commercial applicator or technician license must

be associated with a business license holder. The name of the

employer of a licensed commercial applicator or technician must

be printed on the face of the license issued to a commercial

applicator or technician.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.32, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

506, Sec. 7.12, eff. September 1, 2009.

Sec. 1951.302. CERTIFIED COMMERCIAL APPLICATOR'S LICENSE. The

department must determine that an individual is competent to use

or supervise the use of a restricted-use pesticide or

state-limited-use pesticide covered by the individual's certified

commercial applicator's license.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.33, eff. September 1, 2007.

Sec. 1951.303. CERTIFIED NONCOMMERCIAL APPLICATOR'S LICENSE.

(a) In this section, "incidental use situation" means a

pesticide application, including treating wasps in an area

adjacent to a utility meter, treating fire ants in a transformer

box, or the treating of ants by a janitor or clerical employee in

a break area, that:

(1) is on an occasional, isolated, site-specific basis;

(2) is incidental to the performance of a primary duty that is

not pest control by an employee; and

(3) involves the use of general use pesticides after

instruction, as provided by rules adopted by the department.

(b) An individual who does not hold a certified commercial

applicator's license may not engage in the business of structural

pest control unless the individual holds a certified

noncommercial applicator's or technician license and:

(1) is employed by the state or a political subdivision of the

state and engages in the business of structural pest control

other than by applying a general use pesticide in an incidental

use situation; or

(2) engages in the business of structural pest control as an

employee of a person who owns, operates, or maintains a building

that is:

(A) an apartment building;

(B) a day-care center;

(D) a nursing home;

(E) a hotel, motel, or lodge;

(F) a warehouse;

(G) a food-processing establishment, other than a restaurant,

retail food, or food service establishment; or

(H) a school.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.34, eff. September 1, 2007.

Sec. 1951.304. TECHNICIAN LICENSE. The department may designate

different classes or categories for technicians.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.35, eff. September 1, 2007.

Sec. 1951.305. APPLICATION. (a) A person must apply for a

license under this chapter on a form prescribed and provided by

the department.

(b) Each applicant must provide the information the department

requires to determine the applicant's qualifications.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.36, eff. September 1, 2007.

Sec. 1951.306. WAIVER FOR APPLICANT LICENSED IN ANOTHER STATE.

(a) The department may waive any license requirement under this

chapter for an applicant who holds a license issued by another

state that has license requirements substantially equivalent to

those of this state. The department may enter into reciprocal

licensing agreements with other states that have license

requirements substantially equivalent to those of this state.

(b) The department may issue an endorsement of license to a

person who:

(1) establishes residence in this state; and

(2) has been determined by the department to meet the

qualifications of a certified applicator by taking the

appropriate examination in another state.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.37, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

506, Sec. 7.13, eff. September 1, 2009.

Sec. 1951.307. LICENSE RENEWAL. A person may renew a license by

submitting an application to the department and paying the

required renewal fees.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.38, eff. September 1, 2007.

Sec. 1951.308. LICENSE EXPIRATION. A license issued under this

chapter expires at the end of the license period as determined by

department rule.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.39, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

506, Sec. 7.14, eff. September 1, 2009.

Sec. 1951.309. FEE FOR INITIAL OR RENEWAL LICENSE. (a) An

applicant for an initial or renewal structural pest control

business license or for an initial or renewal endorsement of

license under Section 1951.306 must submit with the person's

application a fee in an amount established by department rule

for:

(1) a license or endorsement; and

(2) a license for each technician the applicant employs.

(b) An applicant for an initial or renewal certified

applicator's license must deliver with the person's application a

fee in an amount established by department rule for:

(1) a license; and

(2) a license for each technician the applicant employs.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.40, eff. September 1, 2007.

Sec. 1951.312. LIABILITY INSURANCE; EXCEPTIONS. (a) The

department may not issue or renew a structural pest control

business license until the license applicant:

(1) files with the department a policy or contract of insurance,

approved as sufficient by the department, in an amount not less

than $200,000 for bodily injury and property damage coverage,

with a minimum total aggregate of $300,000 for all occurrences,

insuring the applicant against liability for damage to persons or

property occurring as a result of operations performed in the

course of the business of structural pest control on premises or

any other property under the applicant's care, custody, or

control;

(2) in the case of an applicant who has an unexpired and

uncanceled insurance policy or contract on file with the

department, files with the department a certificate or other

evidence from an insurance company stating that:

(A) the policy or contract insures the applicant against

liability for acts and damage as described in Subdivision (1);

and

(B) the amount of insurance coverage is in the amount approved

by the department;

(3) files with the department a bond, certificate of deposit, or

other proof acceptable to the department of sufficient funds in

an amount not less than $300,000 for payment of claims of damage

to persons or property occurring as a result of operations

performed negligently in the course of the business of structural

pest control on premises or any other property under the

applicant's care, custody, or control; or

(4) files with the department evidence satisfactory to the

department of coverage under a general liability insurance

policy, in an amount not less than $200,000 for bodily injury and

property damage coverage, with a minimum total aggregate of

$300,000 for all occurrences, if the applicant operates solely as

a wood treater who treats wood on commercial property owned by

the applicant.

(b) A structural pest control business license holder shall at

all times maintain the insurance policy or contract or the

security described by Subsection (a)(3) in the amount approved by

the department. Failure to renew the policy or contract or

maintain it or the security in the required amount is a ground

for suspension or revocation of the license and a violation of

this section.

insurance coverage for different classifications of operations

under this chapter.

(d) The department may adopt insurance requirements for

certified noncommercial applicators or technicians.

(e) An applicant who files proof under Subsection (a)(3) must

designate a third party not affiliated with the applicant to

handle the processing of damage claims regarding that security.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 537, Sec. 1, 2, eff.

Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.43, eff. September 1, 2007.

Sec. 1951.313. MEMORANDUM OF AGREEMENT. The department may

enter into a memorandum of agreement with a political subdivision

other than an institution of public or private education

concerning licensing requirements.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.44, eff. September 1, 2007.

Sec. 1951.314. LICENSE NOT TRANSFERABLE. A license issued by

the department under this chapter is not transferable.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.45, eff. September 1, 2007.

Sec. 1951.315. CONTINUING EDUCATION REQUIREMENTS. The

department shall administer a mandatory continuing education

program for all license holders. Each license holder must comply

with the continuing education requirements established by

department rule in order to retain or renew a license.

Added by Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.46, eff. September 1, 2007.

SUBCHAPTER H. TRAINING

Sec. 1951.351. TECHNICIAN TRAINING PROGRAM. (a) The department

shall:

(1) develop or approve a training program for licensed

technicians and for applicants to become licensed technicians;

and

(2) require that an applicant for a technician license complete

the training program.

(b) The department shall develop the educational and training

materials for the training program with the Texas Agricultural

Extension Service or any other institution of higher education.

The department shall publish and distribute, in conjunction with

the Texas Agricultural Extension Service, the materials developed

as a part of the training program.

(1) recognition of pests and pest damage;

(2) pesticide labels and label comprehension;

(3) pesticide safety;

(4) environmental protection;

(5) procedures for the immediate reporting of spills and

misapplications;

(6) application equipment and techniques;

(7) pesticide formulations and actions;

(8) emergency procedures and pesticide cleanup;

(9) state and federal law relating to structural pest control;

(10) basic principles of mathematics, chemistry, toxicology, and

entomology;

(11) nonchemical pest control techniques, including biological,

mechanical, and prevention techniques; and

(12) any other topic the department considers necessary.

(d) The department may create a technician training program

advisory committee to assist the department in developing the

training program required by this section.

(e) The department may approve a training program that has not

been developed by the department if the program meets the

standards adopted by the department for the program. Completion

of a training program approved by the department under this

subsection satisfies Subsection (a)(2).

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.47, eff. September 1, 2007.

Sec. 1951.352. NEW DEVELOPMENTS; PROOF OF STUDY. If the

department determines that new developments in pest control have

occurred that are so significant that proper knowledge of the

developments is necessary to protect the public, the department

may require of each applicant proof of study by:

(1) attending approved training courses; or

(2) taking additional examinations on the new developments only.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.48, eff. September 1, 2007.

Sec. 1951.353. FEES RELATED TO TRAINING PROGRAMS. (a) The

department may charge a fee to a person to purchase or borrow

materials developed for the technician training program under

Section 1951.351. The department shall set the fee in an amount

that will recover the costs of the program.

(b) The department may charge a fee in an amount established by

rule for each course considered for approval under Section

1951.352.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.49, eff. September 1, 2007.

SUBCHAPTER I. EXAMINATIONS

Sec. 1951.401. EXAMINATION FOR CERTIFIED APPLICATOR'S LICENSE.

The department may require a person to qualify for a certified

applicator's license by passing an examination demonstrating the

person's competence in the field of structural pest control.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.50, eff. September 1, 2007.

Sec. 1951.402. EXAMINATION FOR TECHNICIAN LICENSE. The

department shall require an applicant for a technician license to

pass an examination developed and administered by the department

or a person designated by the department.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.51, eff. September 1, 2007.

Sec. 1951.403. EXAMINATION FEE. Each time a person applies to

take an examination for a license, the person shall pay the

department an examination fee, in an amount established by

department rule, for each category of examination to be taken.

Except as provided by department rule, an examination fee is not

refundable.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.52, eff. September 1, 2007.

Sec. 1951.404. LIST OF STUDY MATERIALS AND SEMINARS. The

department shall make public a list of study materials and

educational seminars that are available to help applicants

successfully complete any examination administered under this

chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.53, eff. September 1, 2007.

Sec. 1951.405. EXAMINATION RESULTS. (a) Not later than the

30th day after the date a licensing examination is administered

under this chapter, the department shall notify each examinee of

the results of the examination. If an examination is graded or

reviewed by a national testing service, the department shall

notify each examinee of the results of the examination not later

than the 14th day after the date the department receives the

results from the testing service.

(b) If notice of the results of an examination graded or

reviewed by a national testing service will be delayed for more

than 90 days after the examination date, the department shall

notify each examinee of the reason for the delay before the 90th

day.

examination administered under this chapter, the department shall

provide to the person an analysis of the person's performance on

the examination.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.54, eff. September 1, 2007.

Sec. 1951.406. EXAMINATION POLICY. (a) The department shall

develop a written policy governing licensing examinations under

this subchapter that prescribes:

(1) procedures to improve the design and construction of

examinations;

(2) procedures for administering the examinations; and

(3) the process for evaluating examinations in use.

(b) The policy must include:

(1) a procedure for seeking assistance in the development of

examinations from experts in:

(A) structural pest control;

(B) structural pest control education; and

(2) a schedule that provides for examination revision and

maintenance, including the regular update of examinations;

(3) a procedure to routinely analyze and validate examinations;

(4) a procedure for the development of a bank of questions for

each examination;

(5) guidelines for developing examinations from the bank of

questions;

(6) the number and type of questions for each examination; and

(7) a requirement that the person responsible for examination

development make periodic reports on examination issues to the

commissioner.

Added by Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.55, eff. September 1, 2007.

SUBCHAPTER J. PRACTICE BY LICENSE HOLDER

Sec. 1951.451. CONTRACT FOR PEST CONTROL SERVICES. A written

contract under which a license holder under this chapter agrees

to perform structural pest control services in this state must

include:

(1) the department's mailing address and telephone number; and

(2) a statement that the department has jurisdiction over

individuals licensed under this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.56, eff. September 1, 2007.

Sec. 1951.452. RECORDS OF LICENSE HOLDER. (a) The department

may require each license holder to make records, as prescribed by

the department, of the license holder's use of pesticides.

(b) Subject to Subsection (c), a record required under

Subsection (a) shall be:

(1) maintained for at least two years on the license holder's

business premises; and

(2) made available for inspection by the department and its

authorized agents during normal business hours.

records on the premises of the person's employer for at least two

years. The records shall be made available for inspection by the

department and its authorized agents during the employer's normal

operating hours.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.57, eff. September 1, 2007.

Sec. 1951.453. PEST CONTROL INFORMATION FOR INDOOR TREATMENTS:

RESIDENTIAL PROPERTY. (a) For an indoor treatment at a private

residence that is not rental property, a certified applicator or

technician shall make available a pest control information sheet

developed under Section 1951.254 to the owner of the residence

before each treatment begins.

(b) For an indoor treatment at a residential rental property

with fewer than five rental units, a certified applicator or

technician shall make available a pest control information sheet

developed under Section 1951.254 to the tenant of each unit.

with five or more rental units, a certified applicator or

technician shall make available a pest control information sheet

developed under Section 1951.254 and a pest control sign

developed under that section to the owner or manager of the

property. The owner or manager or an employee or agent of the

owner or manager, other than the certified applicator or

technician, shall notify residents who live in the direct area of

the treatment or in an adjacent area by:

(1) posting the sign in an area of common access at least 48

hours before each planned treatment; or

(2) leaving the information sheet on the front door of each unit

or in a conspicuous place inside each unit at least 48 hours

before each planned treatment.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

506, Sec. 7.15, eff. September 1, 2009.

Sec. 1951.454. PEST CONTROL INFORMATION FOR INDOOR TREATMENTS:

WORKPLACE. For an indoor treatment at a workplace, a certified

applicator or technician shall make available a pest control

information sheet developed under Section 1951.254 and a pest

control sign developed under that section to the employer or the

building manager. The employer or building manager or an

employee or agent of the owner or manager, other than the

certified applicator or technician, shall notify the persons who

work at the workplace of the date of the planned treatment by:

(1) posting the sign in an area of common access that the

persons are likely to check on a regular basis at least 48 hours

before each planned treatment; and

(2) providing the information sheet to any person working in the

building on a request made by the person during normal business

hours.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

506, Sec. 7.16, eff. September 1, 2009.

Sec. 1951.455. PEST CONTROL INFORMATION FOR INDOOR TREATMENTS:

CERTAIN OTHER BUILDINGS. (a) For an indoor treatment at a

building that is a hospital, nursing home, hotel, motel, lodge,

warehouse, food-processing establishment, school, or day-care

center, a certified applicator or technician shall make available

a pest control information sheet developed under Section 1951.254

and a pest control sign developed under that section to the chief

administrator or building manager. The chief administrator or

building manager shall notify the persons who work in the

building of the treatment by:

(1) posting the sign in an area of common access that the

persons are likely to check on a regular basis at least 48 hours

before each planned treatment; and

(2) providing the information sheet to a person working in the

building on request of the person.

(b) Personnel at a school or day-care center shall inform the

parent, guardian, or managing conservator of each child attending

the school or center, at the time the child is registered, that:

(1) the school or center periodically applies pesticides

indoors; and

(2) information on the application of the pesticides is

available at the request of the parent, guardian, or managing

conservator.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

506, Sec. 7.17, eff. September 1, 2009.

Sec. 1951.456. PEST CONTROL INFORMATION FOR INDOOR TREATMENTS;

RULES; EXCEPTION. (a) The department shall develop a policy to

implement and enforce Sections 1951.453-1951.455.

(b) Under rules adopted by the department, a requirement under

Sections 1951.453-1951.455 that notice of a treatment be given at

least 48 hours before the treatment may be waived for emergency

treatments.

1951.454, or 1951.455 or a rule adopted under this section for

not posting a pest control sign developed under Section 1951.254

if the sign is posted as required by Section 1951.453, 1951.454,

or 1951.455 or a rule adopted under this section but is removed

by an unauthorized person.

(d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 506, Sec.

7.19(4), eff. September 1, 2009.

(e) The signage, advance notice, and information sheet

requirements of Sections 1951.453-1951.455 do not apply to space

that is vacant, unused, and unoccupied as a residence, workplace,

or other use covered by Sections 1951.453-1951.455.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.58, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

506, Sec. 7.19(4), eff. September 1, 2009.

Sec. 1951.457. PEST CONTROL INFORMATION FOR OUTDOOR TREATMENTS.

(a) For an outdoor treatment at a private residence that is not

rental property, a certified applicator or technician shall make

available a pest control information sheet developed under

Section 1951.254 at the residence before the treatment begins.

(b) For an outdoor treatment at a residential rental property

with fewer than five rental units, a certified applicator or

technician shall make available a pest control information sheet

at each unit at the time of treatment.

of a pest control information sheet for an outdoor treatment

other than an outdoor treatment described by this section if the

department determines that the distribution or posting, or both,

would protect the public's health, safety, and welfare.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.59, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

506, Sec. 7.18, eff. September 1, 2009.

Sec. 1951.458. PRACTICE BY NONCOMMERCIAL APPLICATOR OR

TECHNICIAN. (a) A person who holds a certified noncommercial

applicator's or technician license may not engage in the business

of structural pest control outside the scope of the employment

for which the person is licensed as a certified noncommercial

applicator or technician unless the person becomes licensed as

otherwise provided by this chapter.

(b) A person who holds a certified noncommercial applicator's or

technician license may engage in the business of structural pest

control without association with a business that holds a

structural pest control business license.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1951.459. PEST CONTROL SERVICES FOR CERTAIN BUILDINGS. The

owner of a building that is an apartment building, day-care

center, hospital, nursing home, hotel, motel, lodge, warehouse,

school, or food-processing establishment, other than a

restaurant, retail food, or food service establishment, may

obtain pest control services for that building from a person only

by:

(1) contracting with a person who holds a license to perform the

services; or

(2) requiring a person employed by the owner who is licensed as

a certified noncommercial applicator or technician to perform the

services.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

SUBCHAPTER K. DISCIPLINARY PROCEDURES

Sec. 1951.501. DISCIPLINARY POWERS OF COMMISSIONER RELATING TO

STRUCTURAL PEST CONTROL. (a) In this section, "parent company"

means an individual or a partnership, corporation, or other

business entity holding one or more structural pest control

business licenses.

(b) On a determination that an applicant or structural pest

control business license holder under a parent company has

substantially failed to comply with the standards and rules

established by the department under this chapter, after notice

and a hearing, the commissioner may refuse to:

(1) examine the applicant;

(2) issue a license to the applicant; or

(3) issue a business license to the parent company.

7.19(5), eff. September 1, 2009.

(d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 506, Sec.

7.19(5), eff. September 1, 2009.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.60, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

506, Sec. 7.19(5), eff. September 1, 2009.

Sec. 1951.502. RIGHT TO HEARING. (a) If the commissioner

proposes to suspend or revoke a person's license, the person is

entitled to a hearing before the commissioner or a hearings

officer appointed by the commissioner.

(b) The commissioner shall establish procedures by which a

decision to suspend or revoke a license is made by or is

appealable to the commissioner.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.61, eff. September 1, 2007.

Sec. 1951.503. JUDICIAL REVIEW. (a) An applicant or license

holder may appeal from an order or other action of the

commissioner under this chapter by bringing an action in a

district court of Travis County.

(b) Notice of appeal must be filed not later than the 30th day

after the date the commissioner issues the order.

evidence rule.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.62, eff. September 1, 2007.

Sec. 1951.504. SETTLEMENT OF CONTESTED CASES. (a) A settlement

of a contested case under Chapter 2001, Government Code, must be

approved by the commissioner.

(b) The department by rule shall establish guidelines for the

settlement of a contested case under Chapter 2001, Government

Code.

informal settlement negotiations between the department and a

license holder to resolve a complaint, other than a complaint

involving a misapplication, by a consumer against the license

holder.

(d) An informal settlement reached under Subsection (c):

(1) may not require the license holder to:

(A) refund money to the consumer in an amount greater than the

amount provided under the original contract for services by the

license holder; or

(B) perform any services that the license holder did not agree

to perform in the original contract; and

(2) does not release the license holder from any liability for a

misapplication.

(e) The department by rule shall establish guidelines for the

informal settlement of consumer complaints as provided by

Subsections (c) and (d).

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.63, eff. September 1, 2007.

Sec. 1951.505. EFFECT OF REVOCATION. (a) A license revoked

under Section 1951.501 may not be renewed.

(b) A person whose license is revoked may not apply for a new

license until the first anniversary of the effective date of the

revocation. A new license may not be issued without the approval

of the department.

applicator in one category, the commissioner may place the

applicator on probation for any other category in which the

applicator is licensed.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.64, eff. September 1, 2007.

Sec. 1951.506. EMERGENCY SUSPENSION. (a) The commissioner

shall temporarily suspend the license of a person licensed under

this chapter if the commissioner determines from the evidence or

information presented to the commissioner that continued practice

by the person would constitute a continuing and imminent threat

to the public welfare or environment.

(b) A license may be suspended under this section without notice

or hearing on the complaint if:

(1) action is taken to initiate proceedings for a hearing before

the State Office of Administrative Hearings simultaneously with

the temporary suspension; and

(2) a hearing is held as soon as practicable under this chapter

and Chapter 2001, Government Code.

preliminary hearing not later than the 14th day after the date of

the temporary suspension to determine if there is probable cause

to believe that a continuing and imminent threat to the public

welfare or environment still exists. A final hearing on the

matter shall be held not later than the 61st day after the date

of the temporary suspension.

Added by Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.65, eff. September 1, 2007.

SUBCHAPTER M. OTHER PENALTIES AND ENFORCEMENT PROVISIONS

Sec. 1951.601. ENFORCEMENT ACTION FOR MISAPPLICATION OF

PESTICIDES. If the commissioner finds that an applicator has

misapplied pesticides, the commissioner shall institute an

enforcement action against the applicator. The department by

rule shall adopt a policy to implement this section.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.75, eff. September 1, 2007.

Sec. 1951.602. CIVIL PENALTY; INJUNCTION. (a) A person who

violates this chapter or a rule, license, or order of the

commissioner is subject to a civil penalty of not less than $50

or more than $2,000 for each act of violation and for each day of

violation.

(b) If it appears that a person has violated or is threatening

to violate this chapter or a rule, license, or order of the

commissioner, the commissioner may have a civil action instituted

in a district court for:

(1) injunctive relief to restrain the person from continuing the

violation or threat of violation;

(2) the assessment and recovery of a civil penalty under

Subsection (a); or

(3) both injunctive relief and the civil penalty.

person is violating or threatening to violate this chapter or a

rule, license, or order of the commissioner, the district court

shall grant injunctive relief as the facts warrant.

(d) At the request of the commissioner, the attorney general

shall institute and conduct an action in the name of the state

for the injunctive relief, to recover the civil penalty, or both.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

890, Sec. 1.76, eff. September 1, 2007.

Sec. 1951.603. CRIMINAL PENALTY. (a) A person commits an

offense if the person:

(1) violates this chapter;

(2) violates a rule adopted under Section 1951.205 or 1951.206;

(3) intentionally makes a false statement in an application for

a license or otherwise fraudulently obtains or attempts to obtain

a license.

(b) Each day a violation occurs is a separate offense.

under this section is a Class C misdemeanor. An offense under

this section is a Class B misdemeanor if the person has been

convicted previously of an offense under this section.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

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2009 Texas Code OCCUPATIONS CODE TITLE 12. PRACTICES AND TRADES RELATED TO WATER, HEALTH, AND SAFETY CHAPTER 1951. STRUCTURAL PEST CONTROL

2009 Texas Code
OCCUPATIONS CODE
TITLE 12. PRACTICES AND TRADES RELATED TO WATER, HEALTH, AND SAFETY
CHAPTER 1951. STRUCTURAL PEST CONTROL