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Senate Bill 768 |
Senate Author: Hegar |
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Effective: 6-19-09 |
House Sponsor: Homer |
Senate Bill 768 amends the Occupations Code to exempt specified activities, when performed without the use of a pesticide, from the applicability of the Texas Structural Pest Control Act. Such activities include the use of a raptor to control or relocate other birds, the physical removal of pests or their habitat while cleaning a chimney, and the use of a live trap to remove an animal from the premises of a residence, agricultural operation, or business structure. Exempted activities include also the removal by mechanical means of weeds or other obstructing vegetation from a sewer, drainage system, body of water, or similar area, or the installation, maintenance, or use of a nonpesticidal barrier to remove or prevent infestation by nuisance animals.
The bill gives the Texas Department of Agriculture (TDA) regulatory discretion to exempt other activities from all or part of the requirements of the act, other than a requirement relating to an integrated pest management program for a school district, if the TDA determines that an 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. It requires a business that performs an activity exempted by the TDA, if not otherwise required to hold a license under the act, to provide to each customer a written notice that informs the customer of the customer's rights under the Deceptive Trade Practices‑Consumer Protection Act, provides contact information for the consumer protection division of the office of the attorney general, and contains other information required by the TDA. The bill authorizes the TDA to impose an administrative penalty or take any other applicable enforcement action against a person who violates such provisions.