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 A. General Provisions › Section 1951.002. Definitions

Sec. 1951.002.  DEFINITIONS.  In this chapter:
(1)  "Apartment building" means a building that contains at least two dwelling units that are rented primarily for nontransient permanent dwelling purposes, with rental paid by intervals of one week or longer.
(2)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 890, Sec. 1.79(1), eff. September 1, 2007.
(3)  "Certified applicator" means a certified commercial applicator or a certified noncommercial applicator.
(4)  "Certified commercial applicator" means a person who holds a certified commercial applicator's license.
(5)  "Certified noncommercial applicator" means a person who holds a certified noncommercial applicator's license.
(5-a)  "Commissioner" means the commissioner of agriculture.
(5-b)  "Committee" means the structural pest control advisory committee.
(6)  "Day-care center" has the meaning assigned by Section 42.002, Human Resources Code.
(6-a)  "Department" means the Department of Agriculture.
(7)  "Device" means an instrument or contrivance that is designed for trapping, destroying, repelling, or mitigating the effects of a pest or another form of plant or animal life, other than human beings or bacteria, viruses, or other microorganisms that live on or in human beings or animals.  The term does not include:
(A)  a firearm;  or
(B)  equipment used for the application of pesticides that is sold separately from a device.
(8)  "Hospital" has the meaning assigned by Section 241. 003, Health and Safety Code.
(9)  "Institution of higher education" has the meaning assigned by Section 61.003, Education Code.
(10)  "Nursing home" means an institution as that term is defined by Section 242.002, Health and Safety Code.
(11)  "Person" means an individual, firm, partnership, corporation, association, or other organization, any combination of those persons, or any type of business entity.
(12)  "Restricted-use pesticide" means a pesticide classified for restricted or limited use by the administrator of the United States Environmental Protection Agency.
(13)  "School" means a:
(A)  public primary or secondary school;  or
(B)  private or parochial primary or secondary school that is accredited by an accreditation body that is a member of the Texas Private School Accreditation Commission.
(14)  "State-limited-use pesticide" means a pesticide classified for restricted or limited use by the commissioner.
(15)  "Structural pest control business license" means a license issued under Section 1951.301.
(16)  "Technician" means a person who holds a license under this chapter and who, under direct supervision of a certified noncommercial applicator or, as an employee of a holder of a structural pest control business license, performs supervised pesticide applications, maintains or uses structural pest control devices, makes sales presentations, or identifies pest infestation or damage.  The term does not include a person whose duties are solely clerical or are otherwise completely disassociated with 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. 1.01, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. 1.79(1), eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 7.02, eff. September 1, 2009.