The Attorney General of Texas 

December 22, 1982 

MARK WHITE 

Attorney General 

Supreme Court Building 

P.O.BOU 12546 

Austin. TX. 76711-2546 

5121475-2501 

Telex 9101674.1367 

Telecopier 51214750266 

1607 Main St., Suite 1400 

Dallas. TX. 75201-4709 

2141742.8944 

4624 Alberta Ave.,Suite 160 

El Paso. TX. 799052793 

9151533.3484 

1220 Dallas Ave.. Suite 202 

Houston. TX. 77002.6966 

7131650-0666 

806 Broadway, Suite 312 

Lubbock, TX. 79401-3479 

8061747-5238 

4309 N. Tenth. Suite B 

McAllen, TX. 76501-1685 

5121662-4547 

200 Main Plaza. Suite 400 

San Antonio, TX. 76205-2797 

5121225-4191 

An Equal OpportunityI 

Affirmative Action Employer 

Mr. Charlie Chapman 

Executive Director 

Structural Pest Control Board 

of Texas 

5555 North Lamar, Building H 

suite 123 

Austin, Texas 78751 

Opinion No. MW-525 

Re: Whether real estate 

inspector may make termite 

inspection without licensing 

by Texas Structural Pest 

Control Board 

Dear Mr. Chapman: 

You have asked whether individuals who have not complied with the 

provisions of the Texas Structural Pest Control Act, article 135b-6, 

may make Inspections of real property for termite infestation. 

Article 135b-6, section 2(a), subsections (1) and (2) provide: 

sec. 2. (a) For purposes of this Act a person 

shall be deemed to be engaged in the business of 

structural pest control if he engages in, offers 

to engage in, advertises for, solicits, or 

performs any of the following services for 

compensation: 

(1) identifying infestations or making 

inspections for the purpose of identifying or 

attempting to identify infestations of: 

(A) arthropods (insects, spiders, mites, 

ticks, and related pasts), wood-infesting 

organisms, rodents, weeds, nuisance birds, and any 

other obnoxious or undesirable animals which may 

infest households, railroad cars, ships, docks, 

trucks, airplanes, or other structures, or the 

contents thereof, 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; 

p. 1902 
Mr. Charlie Chapman - Page 2 (MS-525) 

(2) making inspection reports, 

recommendations, estimates, or bids, whether oral 

or written, with respect to such infestations.... 

Section 5(a) of the act provides: 

No parson, except an individual under the 

direct supervision of a certified applicator, may 

engage in the business of structural pest control 

after the effective date of this Act unless he 

meets the standards set by the board and possesses 

a valid Structural Pest Control Business License 

issued by the board. 

The clear meaning of these statutes is that no person may make 

structural pest inspections and reports unless the inspector has been 

licensed by the Structural Pest Control Board. 

Your question arises as the result of the passage of article 

6573.a. section 18C, effective August 31, 1981. Section 18C provides 

for the registration (not licensing) of the following: 

Any person or persons who hold themselves out to 

the public as being trained and qualified to 

inspect improvements to real property, including 

structural items and/or equipment and systems, and 

who accept employment for the purpose of 

performing such an inspection for a buyer or 

seller of real property pursuant to the provisions 

of any earnest money contract form adopted by the 

commission shall: 

(1) register his or her current name, type of 

legal entity, mailing address, place of business 

or businesses, and business telephone number or 

numbers with the commission.... 

Section lBC(e) states: 

It is the intent of the legislature that the 

provisions of this section shall not apply to any 

electrician, plumber, carpenter. any person 

engaging in the business of structural pest 

control in compliance with the Texas Structural 

Pest Control Act, as amended (Article 135b-6, 

Vernon's Texas Civil Statutes), or any other 

parson who repairs, maintains, or inspects 

improvements to real property and who does not 

hold himself or herself out to the public via 

p. 1903 
. . 

Mr. Charlie Chapman - Page 3 (MW-525) 

personal solicitation or public advertising as 

being in the business of inspecting such 

improvements pursuant to the provisions of any 

earnest money contract form adopted by the 

commission. 

The meaning of section lBC(e) is clear and is reinforced by 

legislative history. Persons engaged in the various building trades, 

those licensed by the Structural Pest Control Board, and persons who 

repair, maintain or inspect improvements or persons who do not solicit 

inspection business are exempted from the requirements of this 

statute. All others who hold themselves out as trained or expert to 

inspect, and who inspect improvements to real property for a buyer or 

seller pursuant to an earnest money contract must register. Section 

18C does not create a new agency or provide standards. It merely 

requires registration of persons who advertise themselves as 

inspectors and who do inspect improvements to real property in 

connection with the sale of that real property. 

Your question is, essentially, whether section 18C of article 

6573a creates an exemption from the Structural Pest Control Act, that 

is, whether section 18C permits persons not licensed by the Structural 

Pest Control Board to inspect structures for pest infestation. In our 

opinion, article 6573a, section 18C does not create an exemption from 

the Structural Pest Control Act. The statutes have entirely different 

functions. The Structural Pest Control Act is designed to establish 

standards for persons licensed under the statute. As a result of 

licensing, the board has access to the names and addresses of the 

licensees, article 135b-6, section 4(b). Consequently, it is 

reasonable that persons licensed are exempt from registration under 

article 6573a, section 18C. as duplicative. However, article 6573a, 

section 18C is not duplicative of theStrucura1 Pest Control Act. The 

statute only requires that certain persons register and post a bond. 

Persons who register do not fulfill the requirements of the Structural 

Pest Control Act; the act of registration serves only to identify 

persons who inspect real property and are not licensed under other 

statutes. Article 6573a, section 18C, therefore, is designed to begin 

at the point that licensing statutes end. See transcript of Senate 

Committee on Economic Development, Senate Bili??o. 478, March 2, 1981. 

The public policies and legislative purposes of the statutes are 

also different, and should be examined to determine whether a conflict 

exists. See Brown v. Patterson, 609 S.W.2d 287, 290 (Tex. Civ. App. - - 

Dallas 1980, no writ). The policy for the Structural Pest Control Act 

is obvious; it is to protect the public by regulating and requiring 

certain standards of those engaged in the business of structural pest 

treatment and inspection. The purpose of article 6573a, section 18C 

is also clear: registration is an aid to buyers who have been injured 

by false or inaccurate reports, so that buyers may locate the real 

p. 1904 
. . 

Mr. Charlie Chapman - Page 4 (MN-525) 

estate inspector for restitution. Examined in this light, it is 

unlikely that the legislature intended to create an exception to 

article 135b-6, and thereby encourage unlicensed persons to register 

and avoid the provisions of article 135b-6. 

It is our opinion that the two statutes can be read in harmony. 

Article 135b-6 is unaffected by article 6573a. section IBC, which 

applies to inspections for which a structural pest control business 

license is not required. 

SUMMARY 

Pursuant to article 135b-6, only persons who 

possess a valid Structural Pest Control Business 

License may inspect and make reports with respect 

to structural pest infestations. Section 18C of 

article 6573a does not create an exemption to that 

requirement. 

MARK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

Prepared by Patricia Hinojosa 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Susan L. Garrison, Chairman 

Jon Bible 

Rick Gilpln 

Patricia Hinojosa 

Eva Loutzenhiser 

Jim Moellinger 

p. 1905