73R8264 JMM-D
          By Black                                              H.B. No. 1262
          Substitute the following for H.B. No. 1262:
          By Kuempel                                        C.S.H.B. No. 1262
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of pest control services by the Texas
    1-3  Structural Pest Control Board.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 2(b)(10), Texas Structural Pest Control
    1-6  Act (Article 135b-6, Vernon's Texas Civil Statutes), is amended to
    1-7  read as follows:
    1-8              (10)  "Technician" means an individual employed by a
    1-9  business licensee to engage in supervised pesticide applications,
   1-10  maintain or utilize structural pest control devices, make sales
   1-11  presentations, or identify pest infestation or damage or an
   1-12  individual who works under the direct supervision of a certified
   1-13  noncommercial applicator and engages in supervised pesticide
   1-14  applications, maintains or utilizes structural pest control
   1-15  devices, or identifies pest infestation or damage.  The term does
   1-16  not include an individual whose duties are solely clerical <or
   1-17  janitorial,> or are otherwise completely disassociated with pest
   1-18  control.
   1-19        SECTION 2.  Section 3, Texas Structural Pest Control Act
   1-20  (Article 135b-6, Vernon's Texas Civil Statutes), is amended by
   1-21  adding Subsection (m) to read as follows:
   1-22        (m)  The executive director shall employ a legal counsel who
   1-23  shall report to the executive director and be responsible for the
   1-24  enforcement of the rules adopted under this Act.
    2-1        SECTION 3.  Sections  4B(a), (b), (c), (d), and (f), Texas
    2-2  Structural Pest Control Act (Article 135b-6, Vernon's Texas Civil
    2-3  Statutes), are amended to read as follows:
    2-4        (a)  In this section:
    2-5              (1)  "Apartment<, "apartment> building" means a
    2-6  building that contains two or more dwelling units that are rented
    2-7  primarily for nontransient permanent dwelling purposes, with rental
    2-8  paid by intervals of one week or longer.
    2-9              (2)  "Incidental use situation" means a pesticide
   2-10  application on an occasional, isolated, site-specific basis that is
   2-11  incidental to the performance of a primary duty by an employee that
   2-12  is not pest control and involves the use of general use pesticides
   2-13  after instruction as provided by rules adopted by the board.
   2-14  Incidental use situations include treating wasps in an area
   2-15  adjacent to a utility meter, treating fire ants in a transformer
   2-16  box, or the treating of ants by a janitor or clerical employee in a
   2-17  break area.
   2-18        (b)  An individual must be licensed as a certified
   2-19  noncommercial applicator or technician if the individual is not
   2-20  licensed as a certified commercial applicator and the individual:
   2-21              (1)  is an employee of the state or a political
   2-22  subdivision of the state <city or county> and engages in the
   2-23  business of structural pest control other than applying a general
   2-24  use pesticide in an incidental use situation; or
   2-25              (2)  is an employee of a person who owns, operates, or
   2-26  maintains a building, the individual engages in the business of
   2-27  structural pest control <in the building>, and the building is an
    3-1  apartment building; day-care center; hospital; nursing home; hotel;
    3-2  motel; lodge; warehouse; food-processing establishment, other than
    3-3  a restaurant, retail food, or food service establishment; school or
    3-4  educational institution.
    3-5        (c)  An individual licensed as a certified noncommercial
    3-6  applicator or technician may not engage in the business of
    3-7  structural pest control outside the scope of the employment for
    3-8  which the individual has been licensed as a certified noncommercial
    3-9  applicator or technician unless the individual becomes licensed as
   3-10  otherwise provided by this Act.
   3-11        (d)  An owner of a building that is an apartment building;
   3-12  day-care center; hospital; nursing home; hotel; motel; lodge;
   3-13  warehouse; food-processing establishment, other than a restaurant,
   3-14  retail food, or food service establishment; school or educational
   3-15  institution, may obtain pest control services <for the building>
   3-16  from a person only by:
   3-17              (1)  contracting with a business that has a structural
   3-18  pest control business license; or
   3-19              (2)  requiring an employee of the owner, who is
   3-20  licensed as a certified noncommercial applicator or technician, to
   3-21  perform the services.
   3-22        (f)  An individual licensed as a certified noncommercial
   3-23  applicator or technician may engage in the business of structural
   3-24  pest control as provided by this section without association with a
   3-25  business that has been issued a structural pest control business
   3-26  license.  The board may adopt insurance requirements for certified
   3-27  noncommercial applicators or technicians.
    4-1        SECTION 4.  Section 5(b), Texas Structural Pest Control Act
    4-2  (Article 135b-6, Vernon's Texas Civil Statutes), is amended to read
    4-3  as follows:
    4-4        (b)  An individual without a license may, on his own premises
    4-5  or on premises in which he owns a partnership or joint venture
    4-6  interest, or on the premises other than an apartment building as
    4-7  defined in Section 4B of this Act, day-care center, hospital,
    4-8  nursing home, hotel, motel, lodge, warehouse, food-processing
    4-9  establishment, facility owned by the state or a political
   4-10  subdivision of the state except as provided by Section 4B of this
   4-11  Act, or school or educational institution, of an employer by whom
   4-12  he was hired primarily to perform other services, use insecticides,
   4-13  pesticides, rodenticides, fumigants, or allied chemicals or
   4-14  substances or mechanical devices designed to prevent, control, or
   4-15  eliminate pest infestations unless that use is prohibited by state
   4-16  law or rule or by rule of the United States Environmental
   4-17  Protection Agency or unless the substance used is labeled as a
   4-18  restricted-use pesticide or a state-limited-use pesticide.
   4-19        SECTION 5.  Section 7(a), Texas Structural Pest Control Act
   4-20  (Article 135b-6, Vernon's Texas Civil Statutes), is amended to read
   4-21  as follows:
   4-22        (a)  An applicant for an initial or renewal Structural Pest
   4-23  Control Endorsement of License or Business License shall accompany
   4-24  his application with a fee of not more than $180 each, as
   4-25  determined by the board, and a fee of not more than $84, as
   4-26  determined by the board, for the license of each technician
   4-27  employed by the applicant.  An applicant for an initial or renewal
    5-1  Certified <Commercial> Applicator's License shall accompany his
    5-2  application with a fee of not more than $112.50 each, as determined
    5-3  by the board, and a fee of not more than $84, as determined by the
    5-4  board, for the license of each technician employed by the
    5-5  applicant.
    5-6        SECTION 6.  Section 11, Texas Structural Pest Control Act
    5-7  (Article 135b-6, Vernon's Texas Civil Statutes), is amended to read
    5-8  as follows:
    5-9        Sec. 11.  Except for Section 4H(d) of this Act, the
   5-10  provisions of this Act shall not apply to nor shall the following
   5-11  persons be deemed to be engaging in the business of structural pest
   5-12  control:
   5-13              (1)  a person who performs pest control work upon
   5-14  property which he owns, leases, or rents as his dwelling;
   5-15              (2)  a person who performs pest control work on growing
   5-16  plants, trees, shrubs, grass, or other horticultural plants if the
   5-17  person:
   5-18                    (A)  holds a Class 1, Class 2, Class 3, or Class
   5-19  4 registration certificate from the Department of Agriculture under
   5-20  Section 71.043, Agriculture Code; and
   5-21                    (B)  holds a certified commercial or
   5-22  noncommercial applicator's license from the Department of
   5-23  Agriculture that covers that pest control work;
   5-24              (3)  a person or his employee who is engaged in the
   5-25  business of agriculture or aerial application or custom application
   5-26  of pesticides to agricultural lands; <and>
   5-27              (4)  a person who uses pest control chemicals that are
    6-1  for household use and are available for purchase in retail food
    6-2  stores, such as aerosol bombs and spray cans, if the insecticide is
    6-3  used in accordance with the label directions on the insecticide or
    6-4  board rules or guidelines, or as provided by Section 4B of this Act
    6-5  and is:
    6-6                    (A)  used by the owner or his employee or agent
    6-7  in space occupied by the building owner in a residential building<,
    6-8  office building, retail building, or industrial building>; or
    6-9                    (B)  used in a place that is vacant, unused, and
   6-10  unoccupied; and
   6-11              (5)  a person acting as a beekeeper, as defined by
   6-12  Section 131.001, Agriculture Code, who:
   6-13                    (A)  is registered with the chief apiary
   6-14  inspector as provided by Chapter 131, Agriculture Code, and the
   6-15  board;
   6-16                    (B)  does not use pesticides or electrical
   6-17  devices other than conventional bee smokers or other equipment as
   6-18  defined by Section 131.001, Agriculture Code; and
   6-19                    (C)  collects, removes, or destroys honey bees
   6-20  not attached to a dwelling or structure occupied by the public.
   6-21        SECTION 7.  This Act takes effect September 1, 1993.
   6-22        SECTION 8.  The importance of this legislation and the
   6-23  crowded condition of the calendars in both houses create an
   6-24  emergency   and   an   imperative   public   necessity   that   the
   6-25  constitutional rule requiring bills to be read on three several
   6-26  days in each house be suspended, and this rule is hereby suspended.