reglab/housing_qa huggingface dataset:
TX Occ Code § 1951.003 (2021)
2021 Texas Statutes|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|Section 1951.003. Business of Structural Pest Control

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, offers to perform, or advertises for or solicits the person's performance of 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 (S.B. 1016), Sec. 7.03, eff. September 1, 2009.Acts 2011, 82nd Leg., R.S., Ch. 332 (H.B. 2742), Sec. 1, eff. June 17, 2011.|
TX Occ Code § 1951.004 (2021)
2021 Texas Statutes|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|Section 1951.004. Direct Supervision

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.|
TX Occ Code § 1951.005 (2021)
2021 Texas Statutes|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|Section 1951.005. Local Regulation of Pesticide Sale or Use

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.|
TX Occ Code § 1951.006 (2021)
2021 Texas Statutes|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|Section 1951.006. Applicability of Fees to Government Employees

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.|
TX Occ Code § 1951.007 (2021)
2021 Texas Statutes|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|Section 1951.007. Applicability of Agriculture Code Licensing Provisions

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 (S.B. 1016), Sec. 7.04, eff. September 1, 2009.|
TX Occ Code § 1951.051 (2021)
2021 Texas Statutes|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 B. Exemptions|Section 1951.051. Individual Performing Pest Control Work on Own or Employer's Premises

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.|
TX Occ Code § 1951.052 (2021)
2021 Texas Statutes|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 B. Exemptions|Section 1951.052. Person Performing Pest Control Work on Person's Dwelling

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.|
TX Occ Code § 1951.053 (2021)
2021 Texas Statutes|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 B. Exemptions|Section 1951.053. Person Performing Pest Control Work Otherwise Regulated by Department

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 is under the direct supervision of a person who holds a commercial or noncommercial applicator license from the department and issued under Chapter 76, Agriculture Code, that covers pest control work; or(2)  a person who performs pest control work on growing plants, trees, shrubs, grass, or other horticultural plants or rights-of-way if the person:(A)  is employed by a political subdivision or a cemetery;(B)  is engaged in pest control work or vegetation management for the political subdivision or cemetery;(C)  holds a commercial or noncommercial applicator license from the department and issued under Chapter 76, Agriculture Code, that covers pest control work or is under the direct supervision of a person who holds a commercial or noncommercial applicator license from the department and issued under Chapter 76, Agriculture Code, that covers pest control work; and(D)  complies with annual continuing education required by the department.(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 (H.B. 2458), Sec. 1.03, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 7.05, eff. September 1, 2009.Acts 2021, 87th Leg., R.S., Ch. 17 (H.B. 1070), Sec. 1, eff. May 15, 2021.|
TX Occ Code § 1951.054 (2021)
2021 Texas Statutes|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 B. Exemptions|Section 1951.054. Person Performing Pest Control Work on Agricultural Land

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.|
TX Occ Code § 1951.055 (2021)
2021 Texas Statutes|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 B. Exemptions|Section 1951.055. Person Using Pest Control Chemicals for Household Use

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 (H.B. 2458), Sec. 1.04, eff. September 1, 2007.|
TX Occ Code § 1951.056 (2021)
2021 Texas Statutes|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 B. Exemptions|Section 1951.056. Beekeepers

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 (H.B. 2458), Sec. 1.05, eff. September 1, 2007.|
TX Occ Code § 1951.057 (2021)
2021 Texas Statutes|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 B. Exemptions|Section 1951.057. Falconers

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 (H.B. 693), Sec. 1, eff. June 19, 2009.|
TX Occ Code § 1951.058 (2021)
2021 Texas Statutes|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 B. Exemptions|Section 1951.058. Activities Not Involving Pesticides

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 (S.B. 768), Sec. 1, eff. June 19, 2009.|
TX Occ Code § 1951.059 (2021)
2021 Texas Statutes|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 B. Exemptions|Section 1951.059. Activities Involving Minimal Risk of Harm

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 (S.B. 768), Sec. 1, eff. June 19, 2009.|
TX Occ Code § 1951.101 (2021)
2021 Texas Statutes|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 C. Structural Pest Control Advisory Committee|Section 1951.101. Committee Membership

Sec. 1951.101.  COMMITTEE MEMBERSHIP.  (a)  The committee consists of 11 members appointed by the commissioner as follows:(1)  one member who is an employee of a school district and associated with a school integrated pest management program;(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)  three members who represent the interests of structural pest control operators and who are appointed based on recommendations provided by a trade association of operators;(5)  one member who represents the interests of consumers;(6)  the commissioner of state health services or the commissioner's designee; and(7)  one member who is a structural pest control operator with experience in natural, organic, or holistic pest control.(b)  Members of the committee serve staggered four-year terms. The terms of five or six 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 (H.B. 2458), Sec. 1.07, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 7.06, eff. September 1, 2009.Acts 2013, 83rd Leg., R.S., Ch. 718 (H.B. 3567), Sec. 1, eff. September 1, 2013.|
TX Occ Code § 1951.102 (2021)
2021 Texas Statutes|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 C. Structural Pest Control Advisory Committee|Section 1951.102. Eligibility of Public Members

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 (H.B. 2458), Sec. 1.08, eff. September 1, 2007.|
TX Occ Code § 1951.103 (2021)
2021 Texas Statutes|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 C. Structural Pest Control Advisory Committee|Section 1951.103. Membership Restrictions

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 (H.B. 2458), Sec. 1.09, eff. September 1, 2007.|