By:  Hamric                                           H.B. No. 1097
       73R1498 MJW-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the application of pesticides by maintenance workers of
    1-3  certain governmental and educational entities.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 2(a), Texas Structural Pest Control Act
    1-6  (Article 135b-6, Vernon's Texas Civil Statutes), is amended to read
    1-7  as follows:
    1-8        (a)  Except as otherwise provided by <For purposes of> this
    1-9  Act, a person shall be deemed to be engaged in the business of
   1-10  structural pest control for purposes of this Act if the person
   1-11  engages in, offers to engage in, advertises for, solicits, or
   1-12  performs any of the following services for compensation, including
   1-13  services performed as a part of the person's employment:
   1-14              (1)  identifying infestations or making inspections for
   1-15  the purpose of identifying or attempting to identify infestations
   1-16  of:
   1-17                    (A)  arthropods (insects, spiders, mites, ticks,
   1-18  and related pests), wood-infesting organisms, rodents, weeds,
   1-19  nuisance birds, and any other obnoxious or undesirable animals
   1-20  which may infest households, railroad cars, ships, docks, trucks,
   1-21  airplanes, or other structures, or the contents thereof; or
   1-22                    (B)  pests or diseases of trees, shrubs, or other
   1-23  plantings in a park or adjacent to a residence, business
   1-24  establishment, industrial plant, institutional building, or street;
    2-1              (2)  making inspection reports, recommendations,
    2-2  estimates, or bids, whether oral or written, with respect to such
    2-3  infestations; or
    2-4              (3)  making contracts, or submitting bids for, or
    2-5  performing services designed to prevent, control, or eliminate such
    2-6  infestations by the use of insecticides, pesticides, rodenticides,
    2-7  fumigants, or allied chemicals or substances or mechanical devices.
    2-8        SECTION 2.  Section 4B, Texas Structural Pest Control Act
    2-9  (Article 135b-6, Vernon's Texas Civil Statutes), is amended by
   2-10  amending Subsections (b) and (d) and adding Subsections (g)-(i) to
   2-11  read as follows:
   2-12        (b)  Except as provided by Subsection (g) of this section, an
   2-13  <An> individual must be licensed as a certified noncommercial
   2-14  applicator if the individual is not licensed as a certified
   2-15  commercial applicator and the individual:
   2-16              (1)  is an employee of the state or a city or county
   2-17  and engages in the business of structural pest control; or
   2-18              (2)  is an employee of a person who owns, operates, or
   2-19  maintains a building, the individual engages in the business of
   2-20  structural pest control in the building, and the building is an
   2-21  apartment building; day-care center; hospital; nursing home; hotel;
   2-22  motel; lodge; warehouse; food-processing establishment, other than
   2-23  a restaurant, retail food, or food service establishment; school or
   2-24  educational institution.
   2-25        (d)  Except as provided by Subsection (g) of this section, an
   2-26  <An> owner of a building that is an apartment building; day-care
   2-27  center; hospital; nursing home; hotel; motel; lodge; warehouse;
    3-1  food-processing establishment, other than a restaurant, retail
    3-2  food, or food service establishment; school or educational
    3-3  institution, may obtain pest control services for the building from
    3-4  a person only by:
    3-5              (1)  contracting with a business that has a structural
    3-6  pest control business license; or
    3-7              (2)  requiring an employee of the owner, who is
    3-8  licensed as a certified noncommercial applicator, to perform the
    3-9  services.
   3-10        (g)  An individual who is employed as a maintenance worker by
   3-11  the state or by a municipality, county, or school district is not
   3-12  required to obtain a license under this Act to apply an
   3-13  over-the-counter pesticide in the scope of the individual's
   3-14  employment if:
   3-15              (1)  the application is supervised by a certified
   3-16  noncommercial applicator; and
   3-17              (2)  the over-the-counter pesticide is used according
   3-18  to rules adopted by the Department of Agriculture under Section
   3-19  76.104(d), Agriculture Code.
   3-20        (h)  The board may not regulate the application of an
   3-21  over-the-counter pesticide under Subsection (g) of this section,
   3-22  except that the board shall regulate licensing of a certified
   3-23  noncommercial applicator who supervises the pesticide application.
   3-24        (i)  In this section:
   3-25              (1)  "Over-the-counter pesticide" means a pest control
   3-26  chemical or device intended for household use that is available for
   3-27  purchase by the public in a retail store.  The term does not
    4-1  include a restricted-use pesticide or a state-limited-use
    4-2  pesticide.
    4-3              (2)  "Supervised" means that, in the application of an
    4-4  over-the-counter pesticide, the application is made by a
    4-5  maintenance worker acting under the instruction and control of a
    4-6  certified noncommercial applicator who is available if needed for
    4-7  consultation or assistance.  The certified noncommercial applicator
    4-8  is not required to be physically present at the time of the
    4-9  application.
   4-10        SECTION 3.  Section 76.104, Agriculture Code, is amended by
   4-11  adding Subsection (d) to read as follows:
   4-12        (d)  The department shall adopt rules regulating the
   4-13  application of over-the-counter pesticides by maintenance workers
   4-14  employed by the state or by a municipality, county, or school
   4-15  district under Section 4B(g), Texas Structural Pest Control Act
   4-16  (Article 135b-6, Vernon's Texas Civil Statutes).
   4-17        SECTION 4.  The Department of Agriculture shall adopt rules
   4-18  regulating the application of pesticides as required by Section 3
   4-19  of this Act not later than December 31, 1993.
   4-20        SECTION 5.  This Act takes effect September 1, 1993.
   4-21        SECTION 6.  The importance of this legislation and the
   4-22  crowded condition of the calendars in both houses create an
   4-23  emergency and an imperative public necessity that the
   4-24  constitutional rule requiring bills to be read on three several
   4-25  days in each house be suspended, and this rule is hereby suspended.