January 23, 1975 

The Honorable Charlie Chapman 

Executive Director 

Structural Pest Control Board 

313 East Anderson Lane 

Chevy Chase III 

Austin, Texas 78752 

Opinion No. H- 504 

Re: The applicability of the 

licensing fee provisions of 

the Texas Structural Pest 

Control Act to employees 

of persons who engage in 

the business of Structural 

Pest Control. 

Dear Mr. Chapman: 

You have asked our opinion as to whether the Structural Pest 

Control Board may require employees of an applicant or a licensee 

(for or holding a license under the Texas Structural Pest Control Act) 

to pay the required license fee if said persons’ duties consist entirely 

of on site sales, solicitations, estimates or bids. 

You particularize your opinion request by further observing: 

Section 7(a) of the Texas Structural Pest Control 

Act authorizes the Structural Pest Control Board to 

collect from each applicant for a license a fee of 

between $5.00 and $15.00 for “each employee of the 

applicant who is engaged in structural pest control 

services. ” 

The Texas Structural Pest Control Act, article 135b-6, V. T. C. S., 

requires persons engaging in the business of structural pest control to 

obtain a license before conducting such a business. Sec. 5(a), art. 135b-6. 

A temporary license may be obtained by those who engaged in such work 

prior to the effective date of the Act, and a two year grace period is 

p. 2274 
The Honorable Charlie Chapman page 2 (H-504) 

provided within which such persons must fully qualify under the Act and 

pay the regular licensing fees required by the Act. Sec. 5(b). 

Section 7(a) provides for the following licensing fees: 

Sec. 7(a) An applicant for an initial or renewal 

license shall accompany his application with a fee 

of $50 for each place of business located in the State 

and a fee of between $5 and $15, as determined 

by the board, for each employee of the applicant who 

is engaged in structural pest control services. This 

is not to apply to those locations serving only as 

answering services for a licensed business. 

Section 2 defines those persons who are subject to the provisions 

of the Act, as those “engaged in the business of structural pest control, ” 

and, as such, must accordingly secure the license required by section 5 

and pay the licensing fee required by section 7(a): 

(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 arthropods (insects, spiders, mites, 

ticks, and related pests), wood-infesting organisms, 

rodents, weeds, nuisance birds, and any other obnoxious 

or u,ndesirable animals which may infest households, 

railroad cars, ships, docks, trucks, airplanes, or 

other structures, or the contents thereof, or the 

immediate adjacent outside areas; 

(2) naking inspection reports, recommendations, 

estimates, or bids, whether oral or written, with 

respect to such infestations; 

p. 2275 
. . - _ 

The Honorable Charlie Chapman page 3 (H- 504) 

(3) making contracts, or submitting bids for, or 

performing services designed to prevent, control, or 

eliminate such infestations by the use of insecticides, 

pesticides, rodenticides, fumigants, or allied chemicals 

or substances or mechanical devices. 

(b) as used in this Act, “person” means an individual, 

firm, partnership, corporation, association, or other 

organization, or any combination thereof, or any type of 

business entity. (Emphasis supplied) 

It is therefore clear that persons who, in the course of a structural 

pest control operation, solicit and sell pest control services or make 

estimates of the cost of such services and bid for the performance of these 

services, perform services that come within the ambit of the Act. 

However, section ll(3) excludes “employees” of licensees from 

the operation of the Act, providing: 

Sec. 11 The provisions of this Act shall not apply 

to nor shall the following persons be deemed to be 

engaging in the business of structural pest control: 

. . . . 

(3) an employee of a person licensed to engage in 

the business of structural pest control; . . . 

Accordingly, an employee of one engaged in the business of 

structural pest control who solicits and sells pest control services 

and who estimates the cost of such work and submits bids for its 

performance, does not have to secure the license or pay the fees 

required by section 7(a). However, the holder of a license or an 

applicant therefore must pay the $5.00 to $15.00 fee, as required by 

section 7(a), for each employee who engages in the selling of pest 

control services as a part of the employers total license fee. 

p. 2276 
The Honorable Charlie Chapman page 4 (H- 504) 

SUMMARY 

Employees, who solicit and sell structural 

pest control services for a person engaged in the 

business of structural pest control, do not have 

to be licensed under the Texas Structural Pest 

Control Act or pay the licensing fees provided 

for by the Act. However, their employer must 

pay the $5.00 to $15.00 fee for such employee 

as required by section 7(a) of the Act. 

Very truly yours, 

n 

u Attorney General of Texas 

DAVID M. KENDALL. First Assistant 

C. ROBERT HEATH, Chairman 

Opinion Committee 

p. 2277