reglab/statecodes huggingface dataset:
2023 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 H. Training › Section 1951.351. Technician Training Program

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 (H.B. 2458), Sec. 1.47, eff. September 1, 2007.
2023 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 H. Training › Section 1951.352. New Developments; Proof of Study

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 (H.B. 2458), Sec. 1.48, eff. September 1, 2007.
2023 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 H. Training › Section 1951.353. Fees Related to Training Programs

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 (H.B. 2458), Sec. 1.49, eff. September 1, 2007.
2023 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 I. Examinations › Section 1951.401. Examination for Certified Applicator's License

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 (H.B. 2458), Sec. 1.50, eff. September 1, 2007.
2023 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 I. Examinations › Section 1951.402. Examination for Technician License

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 (H.B. 2458), Sec. 1.51, eff. September 1, 2007.
2023 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 I. Examinations › Section 1951.403. Examination Fee

Sec. 1951.403.  EXAMINATION FEE.  Each time a person applies to take an examination for a license, the person shall pay the department an examination fee, in an amount established by department rule, for each category of examination to be taken.  Except as provided by department rule, an examination fee is not refundable.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. 1.52, eff. September 1, 2007.
2023 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 I. Examinations › Section 1951.404. List of Study Materials and Seminars

Sec. 1951.404.  LIST OF STUDY MATERIALS AND SEMINARS.  The department shall make public a list of study materials and educational seminars that are available to help applicants successfully complete any examination administered under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. 1.53, eff. September 1, 2007.
2023 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 I. Examinations › Section 1951.405. Examination Results

Sec. 1951.405.  EXAMINATION RESULTS.  (a)  Not later than the 30th day after the date a licensing examination is administered under this chapter, the department shall notify each examinee of the results of the examination.  If an examination is graded or reviewed by a national testing service, the department shall notify each examinee of the results of the examination not later than the 14th day after the date the department receives the results from the testing service.
(b)  If notice of the results of an examination graded or reviewed by a national testing service will be delayed for more than 90 days after the examination date, the department shall notify each examinee of the reason for the delay before the 90th day.
(c)  If requested in writing by a person who fails a licensing examination administered under this chapter, the department shall provide to the person an analysis of the person's performance on the examination.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. 1.54, eff. September 1, 2007.
2023 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 I. Examinations › Section 1951.406. Examination Policy

Sec. 1951.406.  EXAMINATION POLICY.  (a)  The department shall develop a written policy governing licensing examinations under this subchapter that prescribes:
(1)  procedures to improve the design and construction of examinations;
(2)  procedures for administering the examinations; and
(3)  the process for evaluating examinations in use.
(b)  The policy must include:
(1)  a procedure for seeking assistance in the development of examinations from experts in:
(A)  structural pest control;
(B)  structural pest control education; and
(C)  examination creation and validation;
(2)  a schedule that provides for examination revision and maintenance, including the regular update of examinations;
(3)  a procedure to routinely analyze and validate examinations;
(4)  a procedure for the development of a bank of questions for each examination;
(5)  guidelines for developing examinations from the bank of questions;
(6)  the number and type of questions for each examination; and
(7)  a requirement that the person responsible for examination development make periodic reports on examination issues to the commissioner.
Added by Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. 1.55, eff. September 1, 2007.
2023 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 J. Practice by License Holder › Section 1951.451. Contract for Pest Control Services

Sec. 1951.451.  CONTRACT FOR PEST CONTROL SERVICES.  A written contract under which a license holder under this chapter agrees to perform structural pest control services in this state must include:
(1)  the department's mailing address and telephone number; and
(2)  a statement that the department has jurisdiction over individuals licensed under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. 1.56, eff. September 1, 2007.
2023 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 J. Practice by License Holder › Section 1951.452. Records of License Holder

Sec. 1951.452.  RECORDS OF LICENSE HOLDER.  (a)  The department may require each license holder to make records, as prescribed by the department, of the license holder's use of pesticides.
(b)  Subject to Subsection (c), a record required under Subsection (a) shall be:
(1)  maintained for at least two years on the license holder's business premises; and
(2)  made available for inspection by the department and its authorized agents during normal business hours.
(c)  A certified noncommercial applicator shall maintain required records on the premises of the person's employer for at least two years.  The records shall be made available for inspection by the department and its authorized agents during the employer's normal operating hours.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. 1.57, eff. September 1, 2007.
2023 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 J. Practice by License Holder › Section 1951.453. Pest Control Information for Indoor Treatments: Residential Property

Sec. 1951.453.  PEST CONTROL INFORMATION FOR INDOOR TREATMENTS:  RESIDENTIAL PROPERTY.  (a)  For an indoor treatment at a private residence that is not rental property, a certified applicator or technician shall make available a pest control information sheet developed under Section 1951.254 to the owner of the residence before each treatment begins.
(b)  For an indoor treatment at a residential rental property with fewer than five rental units, a certified applicator or technician shall make available a pest control information sheet developed under Section 1951.254 to the tenant of each unit.
(c)  For an indoor treatment at a residential rental property with five or more rental units, a certified applicator or technician shall make available a pest control information sheet developed under Section 1951.254 and a pest control sign developed under that section to the owner or manager of the property.  The owner or manager or an employee or agent of the owner or manager, other than the certified applicator or technician, shall notify residents who live in the direct area of the treatment or in an adjacent area by:
(1)  posting the sign in an area of common access at least 48 hours before each planned treatment; or
(2)  leaving the information sheet on the front door of each unit or in a conspicuous place inside each unit at least 48 hours before each planned treatment.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 7.15, eff. September 1, 2009.
2023 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 J. Practice by License Holder › Section 1951.454. Pest Control Information for Indoor Treatments: Workplace

Sec. 1951.454.  PEST CONTROL INFORMATION FOR INDOOR TREATMENTS:  WORKPLACE.  For an indoor treatment at a workplace, a certified applicator or technician shall make available a pest control information sheet developed under Section 1951.254 and a pest control sign developed under that section to the employer or the building manager.  The employer or building manager or an employee or agent of the owner or manager, other than the certified applicator or technician, shall notify the persons who work at the workplace of the date of the planned treatment by:
(1)  posting the sign in an area of common access that the persons are likely to check on a regular basis at least 48 hours before each planned treatment; and
(2)  providing the information sheet to any person working in the building on a request made by the person during normal business hours.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 7.16, eff. September 1, 2009.
2023 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 J. Practice by License Holder › Section 1951.455. Pest Control Information for Indoor Treatments: Certain Other Buildings

Sec. 1951.455.  PEST CONTROL INFORMATION FOR INDOOR TREATMENTS:  CERTAIN OTHER BUILDINGS.  (a)  For an indoor treatment at a building that is a hospital, nursing home, hotel, motel, lodge, warehouse, food-processing establishment, school, or day-care center, a certified applicator or technician shall make available a pest control information sheet developed under Section 1951.254 and a pest control sign developed under that section to the chief administrator or building manager.  The chief administrator or building manager shall notify the persons who work in the building of the treatment by:
(1)  posting the sign in an area of common access that the persons are likely to check on a regular basis at least 48 hours before each planned treatment; and
(2)  providing the information sheet to a person working in the building on request of the person.
(b)  Personnel at a school or day-care center shall inform the parent, guardian, or managing conservator of each child attending the school or center, at the time the child is registered, that:
(1)  the school or center periodically applies pesticides indoors;  and
(2)  information on the application of the pesticides is available at the request of the parent, guardian, or managing conservator.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 7.17, eff. September 1, 2009.
2023 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 J. Practice by License Holder › Section 1951.456. Pest Control Information for Indoor Treatments; Rules; Exception

Sec. 1951.456.  PEST CONTROL INFORMATION FOR INDOOR TREATMENTS;  RULES;  EXCEPTION.  (a)  The department shall develop a policy to implement and enforce Sections 1951.453-1951.455.
(b)  Under rules adopted by the department, a requirement under Sections 1951.453-1951.455 that notice of a treatment be given at least 48 hours before the treatment may be waived for emergency treatments.
(c)  A person is not considered in violation of Section 1951.453, 1951.454, or 1951.455 or a rule adopted under this section for not posting a pest control sign developed under Section 1951.254 if the sign is posted as required by Section 1951.453, 1951.454, or 1951.455 or a rule adopted under this section but is removed by an unauthorized person.
(d)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 506, Sec. 7.19(4), eff. September 1, 2009.
(e)  The signage, advance notice, and information sheet requirements of Sections 1951.453-1951.455 do not apply to space that is vacant, unused, and unoccupied as a residence, workplace, or other use covered by Sections 1951.453-1951.455.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. 1.58, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 7.19(4), eff. September 1, 2009.
2023 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 J. Practice by License Holder › Section 1951.457. Pest Control Information for Outdoor Treatments

Sec. 1951.457.  PEST CONTROL INFORMATION FOR OUTDOOR TREATMENTS.  (a)  For an outdoor treatment at a private residence that is not rental property, a certified applicator or technician shall make available a pest control information sheet developed under Section 1951.254 at the residence before the treatment begins.
(b)  For an outdoor treatment at a residential rental property with fewer than five rental units, a certified applicator or technician shall make available a pest control information sheet at each unit at the time of treatment.
(c)  The department may adopt rules to require the distribution of a pest control information sheet for an outdoor treatment other than an outdoor treatment described by this section if the department determines that the distribution or posting, or both, would protect the public's health, safety, and welfare.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. 1.59, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 7.18, eff. September 1, 2009.
2023 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 J. Practice by License Holder › Section 1951.458. Practice by Noncommercial Applicator or Technician

Sec. 1951.458.  PRACTICE BY NONCOMMERCIAL APPLICATOR OR TECHNICIAN.  (a)  A person who holds a certified noncommercial applicator's or technician license may not engage in the business of structural pest control outside the scope of the employment for which the person is licensed as a certified noncommercial applicator or technician unless the person becomes licensed as otherwise provided by this chapter.
(b)  A person who holds a certified noncommercial applicator's or technician license may engage in the business of structural pest control without association with a business that holds a structural pest control business license.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
2023 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 J. Practice by License Holder › Section 1951.459. Pest Control Services for Certain Buildings

Sec. 1951.459.  PEST CONTROL SERVICES FOR CERTAIN BUILDINGS.  The owner of a building that is an apartment building, day-care center, hospital, nursing home, hotel, motel, lodge, warehouse, school, or food-processing establishment, other than a restaurant, retail food, or food service establishment, may obtain pest control services for that building from a person only by:
(1)  contracting with a person who holds a license to perform the services;  or
(2)  requiring a person employed by the owner who is licensed as a certified noncommercial applicator or technician to perform the services.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
2023 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 K. Disciplinary Procedures › Section 1951.501. Disciplinary Powers of Commissioner Relating to Structural Pest Control

Sec. 1951.501.  DISCIPLINARY POWERS OF COMMISSIONER RELATING TO STRUCTURAL PEST CONTROL.  (a)  In this section, "parent company" means an individual or a partnership, corporation, or other business entity holding one or more structural pest control business licenses.
(b)  On a determination that an applicant or structural pest control business license holder under a parent company has substantially failed to comply with the standards and rules established by the department under this chapter, after notice and a hearing, the commissioner may refuse to:
(1)  examine the applicant;
(2)  issue a license to the applicant; or
(3)  issue a business license to the parent company.
(c)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 506, Sec. 7.19(5), eff. September 1, 2009.
(d)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 506, Sec. 7.19(5), eff. September 1, 2009.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. 1.60, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 7.19(5), eff. September 1, 2009.
2023 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 K. Disciplinary Procedures › Section 1951.502. Right to Hearing

Sec. 1951.502.  RIGHT TO HEARING.  (a)  If the commissioner proposes to suspend or revoke a person's license, the person is entitled to a hearing before the commissioner or a hearings officer appointed by the commissioner.
(b)  The commissioner shall establish procedures by which a decision to suspend or revoke a license is made by or is appealable to the commissioner.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. 1.61, eff. September 1, 2007.
2023 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 K. Disciplinary Procedures › Section 1951.503. Judicial Review

Sec. 1951.503.  JUDICIAL REVIEW.  (a)  An applicant or license holder may appeal from an order or other action of the commissioner under this chapter by bringing an action in a district court of Travis County.
(b)  Notice of appeal must be filed not later than the 30th day after the date the commissioner issues the order.
(c)  The hearing in district court is under the substantial evidence rule.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. 1.62, eff. September 1, 2007.
2023 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 K. Disciplinary Procedures › Section 1951.504. Settlement of Contested Cases

Sec. 1951.504.  SETTLEMENT OF CONTESTED CASES.  (a)  A settlement of a contested case under Chapter 2001, Government Code, must be approved by the commissioner.
(b)  The department by rule shall establish guidelines for the settlement of a contested case under Chapter 2001, Government Code.
(c)  The commissioner may authorize the department to conduct informal settlement negotiations between the department and a license holder to resolve a complaint, other than a complaint involving a misapplication, by a consumer against the license holder.
(d)  An informal settlement reached under Subsection (c):
(1)  may not require the license holder to:
(A)  refund money to the consumer in an amount greater than the amount provided under the original contract for services by the license holder;  or
(B)  perform any services that the license holder did not agree to perform in the original contract;  and
(2)  does not release the license holder from any liability for a misapplication.
(e)  The department by rule shall establish guidelines for the informal settlement of consumer complaints as provided by Subsections (c) and (d).
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. 1.63, eff. September 1, 2007.
2023 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 K. Disciplinary Procedures › Section 1951.505. Effect of Revocation

Sec. 1951.505.  EFFECT OF REVOCATION.  (a)  A license revoked under Section 1951.501 may not be renewed.
(b)  A person whose license is revoked may not apply for a new license until the first anniversary of the effective date of the revocation.  A new license may not be issued without the approval of the department.
(c)  If the commissioner revokes the license of a certified applicator in one category, the commissioner may place the applicator on probation for any other category in which the applicator is licensed.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. 1.64, eff. September 1, 2007.
2023 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 K. Disciplinary Procedures › Section 1951.506. Emergency Suspension

Sec. 1951.506.  EMERGENCY SUSPENSION.  (a)  The commissioner shall temporarily suspend the license of a person licensed under this chapter if the commissioner determines from the evidence or information presented to the commissioner that continued practice by the person would constitute a continuing and imminent threat to the public welfare or environment.
(b)  A license may be suspended under this section without notice or hearing on the complaint if:
(1)  action is taken to initiate proceedings for a hearing before the State Office of Administrative Hearings simultaneously with the temporary suspension; and
(2)  a hearing is held as soon as practicable under this chapter and Chapter 2001, Government Code.
(c)  The State Office of Administrative Hearings shall hold a preliminary hearing not later than the 14th day after the date of the temporary suspension to determine if there is probable cause to believe that a continuing and imminent threat to the public welfare or environment still exists.  A final hearing on the matter shall be held not later than the 61st day after the date of the temporary suspension.
Added by Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. 1.65, eff. September 1, 2007.
2023 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 M. Other Penalties and Enforcement Provisions › Section 1951.601. Enforcement Action for Misapplication of Pesticides

Sec. 1951.601.  ENFORCEMENT ACTION FOR MISAPPLICATION OF PESTICIDES.  If the commissioner finds that an applicator has misapplied pesticides, the commissioner shall institute an enforcement action against the applicator.  The department by rule shall adopt a policy to implement this section.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. 1.75, eff. September 1, 2007.
2023 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 M. Other Penalties and Enforcement Provisions › Section 1951.602. Civil Penalty; Injunction

Sec. 1951.602.  CIVIL PENALTY;  INJUNCTION.  (a)  A person who violates this chapter or a rule, license, or order of the commissioner is subject to a civil penalty of not less than $50 or more than $2,000 for each act of violation and for each day of violation.
(b)  If it appears that a person has violated or is threatening to violate this chapter or a rule, license, or order of the commissioner, the commissioner may have a civil action instituted in a district court for:
(1)  injunctive relief to restrain the person from continuing the violation or threat of violation;
(2)  the assessment and recovery of a civil penalty under Subsection (a); or
(3)  both injunctive relief and the civil penalty.
(c)  On application for injunctive relief and a finding that a person is violating or threatening to violate this chapter or a rule, license, or order of the commissioner, the district court shall grant injunctive relief as the facts warrant.
(d)  At the request of the commissioner, the attorney general shall institute and conduct an action in the name of the state for the injunctive relief, to recover the civil penalty, or both.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. 1.76, eff. September 1, 2007.
2023 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 M. Other Penalties and Enforcement Provisions › Section 1951.603. Criminal Penalty

Sec. 1951.603.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person:
(1)  violates this chapter;
(2)  violates a rule adopted under Section 1951.205 or 1951.206;  or
(3)  intentionally makes a false statement in an application for a license or otherwise fraudulently obtains or attempts to obtain a license.
(b)  Each day a violation occurs is a separate offense.
(c)  Except as otherwise provided by this subsection, an offense under this section is a Class C misdemeanor.  An offense under this section is a Class B misdemeanor if the person has been convicted previously of an offense under this section.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1952 - Code Enforcement Officers › Subchapter A. General Provisions › Section 1952.001. Definitions

Sec. 1952.001.  DEFINITIONS.  In this chapter:
(1)   "Code enforcement" means the inspection of public or private premises for the purpose of:
(A)  identifying environmental hazards, including:
(i)  fire or health hazards;
(ii)  nuisance violations;
(iii)  unsafe building conditions; and
(iv)  violations of any fire, health, or building regulation, statute, or ordinance; and
(B)  improving and rehabilitating those premises with regard to those hazards.
(2)  "Code enforcement officer" means an agent of this state or a political subdivision of this state who engages in code enforcement.
(2-a)  "Commission" means the Texas Commission of Licensing and Regulation.
(3)  "Department" means the Texas Department of Licensing and Regulation.
(4)  "Executive director" means the executive director of the department.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.227, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.254, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1952 - Code Enforcement Officers › Subchapter A. General Provisions › Section 1952.002. Exemption From Registration

Sec. 1952.002.  EXEMPTION FROM REGISTRATION.  A person is not required to be registered under this chapter if the person:
(1)  is required to be licensed or registered under another law of this state;  and
(2)  engages in code enforcement under that license or registration.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1952 - Code Enforcement Officers › Subchapter A. General Provisions › Section 1952.003. Employment of Registered Person Not Required

Sec. 1952.003.  EMPLOYMENT OF REGISTERED PERSON NOT REQUIRED.  This state or a political subdivision of this state may engage in code enforcement without employing a person registered under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1952 - Code Enforcement Officers › Subchapter B. Powers and Duties › Section 1952.051. General Powers and Duties

Sec. 1952.051.  GENERAL POWERS AND DUTIES.  (a)  The executive director shall administer and enforce this chapter.
(b)  The commission by rule shall adopt standards and education requirements consistent with those established under Chapter 654, Government Code, for the registration of:
(1)  code enforcement officers; and
(2)  code enforcement officers in training.
(c)  The education requirements adopted under Subsection (b) must include education regarding the principles and procedures to be followed when possessing or carrying an instrument used specifically for deterring an animal bite.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.229, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.256, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1126 (H.B. 2584), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1952 - Code Enforcement Officers › Subchapter B. Powers and Duties › Section 1952.055. Advisory Committee

Sec. 1952.055.  ADVISORY COMMITTEE.  The department may establish an advisory committee to provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.258, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1952 - Code Enforcement Officers › Subchapter C. Registration Requirements › Section 1952.101. Registration Required

Sec. 1952.101.  REGISTRATION REQUIRED.  Except as permitted by Section 1952.002, a person may not claim to be a code enforcement officer or use the title "code enforcement officer" unless the person holds a certificate of registration under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1952 - Code Enforcement Officers › Subchapter C. Registration Requirements › Section 1952.102. Eligibility to Register as Code Enforcement Officer

Sec. 1952.102.  ELIGIBILITY TO REGISTER AS CODE ENFORCEMENT OFFICER.  To be eligible to receive a certificate of registration as a code enforcement officer, a person must:
(1)  submit an application in the manner and on the form prescribed by the executive director;
(2)  have at least one year of full-time experience in the field of code enforcement;
(3)  pass the examination required by the department;
(4)  pay the application, examination, and registration fees; and
(5)  meet any other requirements prescribed by this chapter or by commission rule.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.232, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.259, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1952 - Code Enforcement Officers › Subchapter C. Registration Requirements › Section 1952.103. Eligibility to Register as Code Enforcement Officer in Training

Sec. 1952.103.  ELIGIBILITY TO REGISTER AS CODE ENFORCEMENT OFFICER IN TRAINING.  (a)  An applicant for a certificate of registration under this chapter who has less than one year of full-time experience in code enforcement is entitled to receive a certificate of registration as a code enforcement officer in training on:
(1)  passing the examination described by Section 1952.102(3);
(2)  paying the required fees; and
(3)  meeting any other requirement prescribed by this chapter or by commission rule.
(b)  A certificate issued under this section expires on the first anniversary of the date of issuance.
(c)  A code enforcement officer in training may engage in code enforcement under the supervision of a registered code enforcement officer.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.260, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1952 - Code Enforcement Officers › Subchapter C. Registration Requirements › Section 1952.104. Reciprocal Registration

Sec. 1952.104.  RECIPROCAL REGISTRATION.  On proper application, the department shall issue a certificate of registration to a license holder or registrant of another state that has requirements for the licensing or registration of a code enforcement officer that are at least equivalent to those of this state.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1952 - Code Enforcement Officers › Subchapter C. Registration Requirements › Section 1952.105. Term of Certificate; Renewal

Sec. 1952.105.  TERM OF CERTIFICATE; RENEWAL.  (a)  A certificate of registration issued under this chapter expires on the second anniversary of the date of issuance and may be renewed biennially on payment of the required renewal fee and on completion of the continuing education requirements prescribed by commission rule.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.298(24), eff. September 1, 2017.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.452(a), eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.233, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.261, eff. September 1, 2017.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.262, eff. September 1, 2017.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.298(24), eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1952 - Code Enforcement Officers › Subchapter C. Registration Requirements › Section 1952.106. Statewide Validity of Certificate; Nontransferability

Sec. 1952.106.  STATEWIDE VALIDITY OF CERTIFICATE;  NONTRANSFERABILITY.  (a)  A certificate of registration issued under this chapter is valid throughout this state.
(b)  A certificate of registration issued under this chapter is not assignable or transferable.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1952 - Code Enforcement Officers › Subchapter D. Certificate Denial and Disciplinary Action › Section 1952.151. Denial of Certificate; Disciplinary Action

Sec. 1952.151.  DENIAL OF CERTIFICATE; DISCIPLINARY ACTION.  (a)  The commission or executive director may deny a person's application for a certificate of registration if the person's certificate or license to engage in code enforcement or a related profession has been revoked by another licensing entity in this state or another state for:
(1)  unprofessional conduct;
(2)  fraud, deceit, or negligence; or
(3)  misconduct in the practice of code enforcement or a related profession.
(b)  The commission or executive director shall suspend or revoke a certificate of registration issued under this chapter if the commission or executive director determines that the certificate holder:
(1)  engaged in fraud or deceit in obtaining a certificate; or
(2)  is grossly negligent, incompetent, or guilty of misconduct in the practice of code enforcement.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.264, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1953 - Sanitarians › Subchapter A. General Provisions › Section 1953.001. Definitions

Sec. 1953.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Texas Commission of Licensing and Regulation.
(1-a)  "Department" means the Texas Department of Licensing and Regulation.
(2)  "Executive director" means the executive director of the department.
(3)  "Sanitarian" means a person trained in sanitary science to perform duties relating to education and inspections in environmental sanitation.
(4)  "Sanitation" means the study, art, and technique of applying scientific knowledge to improve the human environment for the purpose of promoting public health and welfare.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.240, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.266, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1953 - Sanitarians › Subchapter A. General Provisions › Section 1953.002. Employment of Sanitarian

Sec. 1953.002.  EMPLOYMENT OF SANITARIAN.  This chapter does not require a person, including a municipality or governmental agency, to employ a sanitarian.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1953 - Sanitarians › Subchapter A. General Provisions › Section 1953.003. Exemptions

Sec. 1953.003.  EXEMPTIONS.  This chapter does not apply to a person, including a physician, dentist, engineer, or veterinarian, who is licensed by an agency of this state other than the department and who, by nature of the person's employment or duties, might be construed as being subject to this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.241, eff. April 2, 2015.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1953 - Sanitarians › Subchapter B. Powers and Duties › Section 1953.051. General Powers and Duties

Sec. 1953.051.  GENERAL POWERS AND DUTIES.  (a)  The executive director shall administer and enforce this chapter.
(b)  The department shall:
(1)  administer continuing education requirements; and
(2)  prescribe necessary forms.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.242, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.268, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1953 - Sanitarians › Subchapter B. Powers and Duties › Section 1953.0512. Advisory Committee

Sec. 1953.0512.  ADVISORY COMMITTEE.  The department may establish an advisory committee to provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.269, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1953 - Sanitarians › Subchapter C. Certificate of Registration › Section 1953.101. Registration Required

Sec. 1953.101.  REGISTRATION REQUIRED.  A person who engages or offers to engage in work in sanitation may not represent that the person is a sanitarian or use a title containing the word "sanitarian" unless the person holds a certificate of registration under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1953 - Sanitarians › Subchapter C. Certificate of Registration › Section 1953.102. Eligibility Requirements

Sec. 1953.102.  ELIGIBILITY REQUIREMENTS.  (a)  To be eligible to receive a certificate of registration as a professional sanitarian, a person must:
(1)  hold at least a bachelor's degree from an accredited college or university that includes at least 30 semester hours in basic or applied science;
(2)  complete any additional training in the basic sciences or public health the department determines necessary to effectively serve as a professional sanitarian; and
(3)  have at least two years of full-time experience in sanitation.
(b)  The commission by rule may establish other qualifications for registration.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.243, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.270, eff. September 1, 2017.