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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 C. Structural Pest Control Advisory Committee › Section 1951.104. Duties of Committee

Sec. 1951.104.  DUTIES OF COMMITTEE.  (a) 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.
(b)  Before the department proposes a rule for adoption, the department must submit the proposed rule to the committee to provide advice as described by Subsection (a)(2)(C).  The committee shall:
(1)  vote on whether to recommend that the rule be proposed for adoption; and
(2)  provide the recommendation under Subdivision (1) to the department not later than the 60th day after the date the proposed rule was submitted to the committee for review.
(c)  For the purpose of advising the department on rules related to enforcement under Subsection (a), on request of the presiding officer of the committee, the department shall allow the committee to review a completed disciplinary investigation file.
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. 1.10, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 1069 (H.B. 3243), Sec. 1, 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 1951 - Structural Pest Control › Subchapter C. Structural Pest Control Advisory Committee › Section 1951.105. Rules Governing Committee; Committee Meetings

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)  at the first meeting of each year, elect from the committee's members a presiding officer and an assistant presiding officer to serve a term of one year;
(2)  meet quarterly;
(3)  operate under Robert's Rules of Order; and
(4)  record the minutes of each meeting.
(c)  The rules adopted under Subsection (a) must provide that the presiding officer of the committee:
(1)  is responsible for setting an agenda for each committee meeting; and
(2)  may add an item to an agenda on request by the department or 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. 1.11, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 7.07, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 1069 (H.B. 3243), Sec. 2, 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 1951 - Structural Pest Control › Subchapter C. Structural Pest Control Advisory Committee › Section 1951.106. Applicability of Other Law to Committee

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 (H.B. 2458), Sec. 1.12, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. 1.13, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. 1.79(3), 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 E. Powers and Duties of Department Relating to Structural Pest Control › Section 1951.201. Sole Licensing Authority; Fees

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 (H.B. 2458), Sec. 1.15, 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 E. Powers and Duties of Department Relating to Structural Pest Control › Section 1951.203. Standards and Criteria for Licenses

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 (H.B. 2458), Sec. 1.17, 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 E. Powers and Duties of Department Relating to Structural Pest Control › Section 1951.204. Subpoena Authority

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 (H.B. 2458), Sec. 1.18, 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 E. Powers and Duties of Department Relating to Structural Pest Control › Section 1951.205. Environmental Rules

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 (H.B. 2458), Sec. 1.19, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 7.08, 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 E. Powers and Duties of Department Relating to Structural Pest Control › Section 1951.206. Rules Restricting Advertising or Competitive Bidding

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 subject to regulation 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 subject to regulation 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.
(c)  Subsection (b)(4) does not prohibit the department from adopting a rule regulating the use of the name of a business or license holder in an advertisement for a structural pest control business.
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. 1.20, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 717 (H.B. 3566), Sec. 1, eff. June 14, 2013.
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 E. Powers and Duties of Department Relating to Structural Pest Control › Section 1951.207. Inspection of License Holders

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 (H.B. 2458), Sec. 1.21, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 7.09, 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 E. Powers and Duties of Department Relating to Structural Pest Control › Section 1951.208. Misapplication of Pesticides

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 (H.B. 2458), Sec. 1.22, 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 E. Powers and Duties of Department Relating to Structural Pest Control › Section 1951.209. Availability of Certain Information

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 (H.B. 2458), Sec. 1.23, 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 E. Powers and Duties of Department Relating to Structural Pest Control › Section 1951.210. Pretreatment Inspection Service; Fees; Liability

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 (H.B. 2458), Sec. 1.24, 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 E. Powers and Duties of Department Relating to Structural Pest Control › Section 1951.211. Consultation With Integrated Pest Management Techniques Expert

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 (H.B. 2458), Sec. 1.25, 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 F. Public Interest Information and Complaint Procedures › Section 1951.251. Public Interest Information

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 (H.B. 2458), Sec. 1.27, 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 F. Public Interest Information and Complaint Procedures › Section 1951.252. Complaints

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 (H.B. 2458), Sec. 1.28, 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 F. Public Interest Information and Complaint Procedures › Section 1951.253. Public Participation

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 (H.B. 2458), Sec. 1.29, 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 F. Public Interest Information and Complaint Procedures › Section 1951.255. Enforcement Information

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 (H.B. 2458), Sec. 1.31, 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 G. License Requirements, Issuance, and Renewal › Section 1951.301. Structural Pest Control Business License Required

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 (H.B. 2458), Sec. 1.32, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 7.12, 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 G. License Requirements, Issuance, and Renewal › Section 1951.302. Certified Commercial Applicator's License

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 (H.B. 2458), Sec. 1.33, 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 G. License Requirements, Issuance, and Renewal › Section 1951.303. Certified Noncommercial Applicator's License

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 (H.B. 2458), Sec. 1.34, 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 G. License Requirements, Issuance, and Renewal › Section 1951.304. Technician License

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 (H.B. 2458), Sec. 1.35, 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 G. License Requirements, Issuance, and Renewal › Section 1951.305. Application

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 (H.B. 2458), Sec. 1.36, 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 G. License Requirements, Issuance, and Renewal › Section 1951.306. Waiver for Applicant Licensed in Another State

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 (H.B. 2458), Sec. 1.37, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 7.13, 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 G. License Requirements, Issuance, and Renewal › Section 1951.307. License Renewal

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 (H.B. 2458), Sec. 1.38, 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 G. License Requirements, Issuance, and Renewal › Section 1951.308. License Expiration

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 (H.B. 2458), Sec. 1.39, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 7.14, 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 G. License Requirements, Issuance, and Renewal › Section 1951.309. Fee for Initial or Renewal License

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 (H.B. 2458), Sec. 1.40, 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 G. License Requirements, Issuance, and Renewal › Section 1951.313. Memorandum of Agreement

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 (H.B. 2458), Sec. 1.44, 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 G. License Requirements, Issuance, and Renewal › Section 1951.314. License Not Transferable

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 (H.B. 2458), Sec. 1.45, 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 G. License Requirements, Issuance, and Renewal › Section 1951.315. Continuing Education Requirements

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 (H.B. 2458), Sec. 1.46, eff. September 1, 2007.