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(2) Repealed by Acts 2007, 80th Leg., R.S., Ch. 890, Sec.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.
(c) A municipality or other political subdivision may take any
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.
(c) Subsection (b)(3) does not apply to:
(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;
(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.
(b) A person described by Subsection (a) is not considered to be
engaged in the business of structural pest control.
(c) Neither this section nor any other law shall prohibit a
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;
or
(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.
(c) Failure to provide the notice required by Subsection (b) is
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.
(c) Service on the committee by a state officer or employee is
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;
(C) owns or controls, directly or indirectly, more than a 10
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.
(c) A person may not be a member of the committee if the person
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;
(C) proposed rules and standards on technical issues related to
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.
(c) 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.
(c) Venue for an action brought under Subsection (b) is in a
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
(C) United States Environmental Protection Agency;
(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.
(c) The department shall charge a fee for a pretreatment
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.
(c) The department shall include in standards adopted under this
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.
(c) If a written complaint is filed with the department under
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.
(c) The department shall make available to the public and other
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.
(c) A structural pest control business license entitles a person
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;
(C) a hospital;
(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.
(c) The department by rule may require different amounts of
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.
(c) The training program must include instruction in:
(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