1-1  By:  Black (Senate Sponsor - Sims)                    H.B. No. 1262
    1-2        (In the Senate - Received from the House May 5, 1993;
    1-3  May 6, 1993, read first time and referred to Committee on Natural
    1-4  Resources; May 11, 1993, reported favorably by the following vote:
    1-5  Yeas 9, Nays 0; May 11, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Sims               x                               
    1-9        Truan              x                               
   1-10        Armbrister         x                               
   1-11        Barrientos         x                               
   1-12        Bivins             x                               
   1-13        Brown              x                               
   1-14        Carriker           x                               
   1-15        Lucio              x                               
   1-16        Montford                                      x    
   1-17        Ratliff                                       x    
   1-18        Shelley            x                               
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to the regulation of pest control services by the Texas
   1-22  Structural Pest Control Board.
   1-23        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-24        SECTION 1.  Section 2(b)(10), Texas Structural Pest Control
   1-25  Act (Article 135b-6, Vernon's Texas Civil Statutes), is amended to
   1-26  read as follows:
   1-27              (10)  "Technician" means an individual employed by a
   1-28  business licensee to engage in supervised pesticide applications,
   1-29  maintain or utilize structural pest control devices, make sales
   1-30  presentations, or identify pest infestation or damage or an
   1-31  individual who works under the direct supervision of a certified
   1-32  noncommercial applicator and engages in supervised pesticide
   1-33  applications, maintains or utilizes structural pest control
   1-34  devices, or identifies pest infestation or damage.  The term does
   1-35  not include an individual whose duties are solely clerical <or
   1-36  janitorial,> or are otherwise completely disassociated with pest
   1-37  control.
   1-38        SECTION 2.  Section 3, Texas Structural Pest Control Act
   1-39  (Article 135b-6, Vernon's Texas Civil Statutes), is amended by
   1-40  adding Subsection (m) to read as follows:
   1-41        (m)  The executive director shall employ a legal counsel who
   1-42  shall report to the executive director and be responsible for the
   1-43  enforcement of the rules adopted under this Act.
   1-44        SECTION 3.  Section 4, Texas Structural Pest Control Act
   1-45  (Article 135b-6, Vernon's Texas Civil Statutes), is amended by
   1-46  adding Subsection (i) to read as follows:
   1-47        (i)  The board may enter into a memorandum of agreement with
   1-48  another political subdivision, not to include institutions of
   1-49  public or private education, concerning licensure requirements.
   1-50        SECTION 4.  Sections  4B(a), (b), (c), (d), and (f), Texas
   1-51  Structural Pest Control Act (Article 135b-6, Vernon's Texas Civil
   1-52  Statutes), are amended to read as follows:
   1-53        (a)  In this section:
   1-54              (1)  "Apartment<, "apartment> building" means a
   1-55  building that contains two or more dwelling units that are rented
   1-56  primarily for nontransient permanent dwelling purposes, with rental
   1-57  paid by intervals of one week or longer.
   1-58              (2)  "Incidental use situation" means a pesticide
   1-59  application on an occasional, isolated, site-specific basis that is
   1-60  incidental to the performance of a primary duty by an employee that
   1-61  is not pest control and involves the use of general use pesticides
   1-62  after instruction as provided by rules adopted by the board.
   1-63  Incidental use situations include treating wasps in an area
   1-64  adjacent to a utility meter, treating fire ants in a transformer
   1-65  box, or the treating of ants by a janitor or clerical employee in a
   1-66  break area.
   1-67        (b)  An individual must be licensed as a certified
   1-68  noncommercial applicator or technician if the individual is not
    2-1  licensed as a certified commercial applicator and the individual:
    2-2              (1)  is an employee of the state or a political
    2-3  subdivision of the state <city or county> and engages in the
    2-4  business of structural pest control other than applying a general
    2-5  use pesticide in an incidental use situation; or
    2-6              (2)  is an employee of a person who owns, operates, or
    2-7  maintains a building, the individual engages in the business of
    2-8  structural pest control <in the building>, and the building is an
    2-9  apartment building; day-care center; hospital; nursing home; hotel;
   2-10  motel; lodge; warehouse; food-processing establishment, other than
   2-11  a restaurant, retail food, or food service establishment; school or
   2-12  educational institution.
   2-13        (c)  An individual licensed as a certified noncommercial
   2-14  applicator or technician may not engage in the business of
   2-15  structural pest control outside the scope of the employment for
   2-16  which the individual has been licensed as a certified noncommercial
   2-17  applicator or technician unless the individual becomes licensed as
   2-18  otherwise provided by this Act.
   2-19        (d)  An owner of a building that is an apartment building;
   2-20  day-care center; hospital; nursing home; hotel; motel; lodge;
   2-21  warehouse; food-processing establishment, other than a restaurant,
   2-22  retail food, or food service establishment; school or educational
   2-23  institution, may obtain pest control services <for the building>
   2-24  from a person only by:
   2-25              (1)  contracting with a business that has a structural
   2-26  pest control business license; or
   2-27              (2)  requiring an employee of the owner, who is
   2-28  licensed as a certified noncommercial applicator or technician, to
   2-29  perform the services.
   2-30        (f)  An individual licensed as a certified noncommercial
   2-31  applicator or technician may engage in the business of structural
   2-32  pest control as provided by this section without association with a
   2-33  business that has been issued a structural pest control business
   2-34  license.  The board may adopt insurance requirements for certified
   2-35  noncommercial applicators or technicians.
   2-36        SECTION 5.  Section 5(b), Texas Structural Pest Control Act
   2-37  (Article 135b-6, Vernon's Texas Civil Statutes), is amended to read
   2-38  as follows:
   2-39        (b)  An individual without a license may, on his own premises
   2-40  or on premises in which he owns a partnership or joint venture
   2-41  interest, or on the premises other than an apartment building as
   2-42  defined in Section 4B of this Act, day-care center, hospital,
   2-43  nursing home, hotel, motel, lodge, warehouse, food-processing
   2-44  establishment, facility owned by the state or a political
   2-45  subdivision of the state except as provided by Section 4B of this
   2-46  Act, or school or educational institution, of an employer by whom
   2-47  he was hired primarily to perform other services, use insecticides,
   2-48  pesticides, rodenticides, fumigants, or allied chemicals or
   2-49  substances or mechanical devices designed to prevent, control, or
   2-50  eliminate pest infestations unless that use is prohibited by state
   2-51  law or rule or by rule of the United States Environmental
   2-52  Protection Agency or unless the substance used is labeled as a
   2-53  restricted-use pesticide or a state-limited-use pesticide.
   2-54        SECTION 6.  Section 7(a), Texas Structural Pest Control Act
   2-55  (Article 135b-6, Vernon's Texas Civil Statutes), is amended to read
   2-56  as follows:
   2-57        (a)  An applicant for an initial or renewal Structural Pest
   2-58  Control Endorsement of License or Business License shall accompany
   2-59  his application with a fee of not more than $180 each, as
   2-60  determined by the board, and a fee of not more than $84, as
   2-61  determined by the board, for the license of each technician
   2-62  employed by the applicant.  An applicant for an initial or renewal
   2-63  Certified <Commercial> Applicator's License shall accompany his
   2-64  application with a fee of not more than $112.50 each, as determined
   2-65  by the board, and a fee of not more than $84, as determined by the
   2-66  board, for the license of each technician employed by the
   2-67  applicant.
   2-68        SECTION 7.  Section 11, Texas Structural Pest Control Act
   2-69  (Article 135b-6, Vernon's Texas Civil Statutes), is amended to read
   2-70  as follows:
    3-1        Sec. 11.  Except for Section 4H(d) of this Act, the
    3-2  provisions of this Act shall not apply to nor shall the following
    3-3  persons be deemed to be engaging in the business of structural pest
    3-4  control:
    3-5              (1)  a person who performs pest control work upon
    3-6  property which he owns, leases, or rents as his dwelling;
    3-7              (2)  a person who performs pest control work on growing
    3-8  plants, trees, shrubs, grass, or other horticultural plants if the
    3-9  person:
   3-10                    (A)  holds a Class 1, Class 2, Class 3, or Class
   3-11  4 registration certificate from the Department of Agriculture under
   3-12  Section 71.043, Agriculture Code; and
   3-13                    (B)  holds a certified commercial or
   3-14  noncommercial applicator's license from the Department of
   3-15  Agriculture that covers that pest control work;
   3-16              (3)  a person or his employee who is engaged in the
   3-17  business of agriculture or aerial application or custom application
   3-18  of pesticides to agricultural lands; <and>
   3-19              (4)  a person who uses pest control chemicals that are
   3-20  for household use and are available for purchase in retail food
   3-21  stores, such as aerosol bombs and spray cans, if the insecticide is
   3-22  used in accordance with the label directions on the insecticide or
   3-23  board rules or guidelines, or as provided by Section 4B of this Act
   3-24  and is:
   3-25                    (A)  used by the owner or his employee or agent
   3-26  in space occupied by the building owner in a residential building<,
   3-27  office building, retail building, or industrial building>; or
   3-28                    (B)  used in a place that is vacant, unused, and
   3-29  unoccupied; and
   3-30              (5)  a person acting as a beekeeper, as defined by
   3-31  Section 131.001, Agriculture Code, who:
   3-32                    (A)  is registered with the chief apiary
   3-33  inspector as provided by Chapter 131, Agriculture Code, and the
   3-34  board;
   3-35                    (B)  does not use pesticides or electrical
   3-36  devices other than conventional bee smokers or other equipment as
   3-37  defined by Section 131.001, Agriculture Code; and
   3-38                    (C)  collects, removes, or destroys honey bees
   3-39  not attached to a dwelling or structure occupied by the public.
   3-40        SECTION 8.  This Act takes effect September 1, 1993.
   3-41        SECTION 9.  The importance of this legislation and the
   3-42  crowded condition of the calendars in both houses create an
   3-43  emergency   and   an   imperative   public   necessity   that   the
   3-44  constitutional rule requiring bills to be read on three several
   3-45  days in each house be suspended, and this rule is hereby suspended.
   3-46                               * * * * *
   3-47                                                         Austin,
   3-48  Texas
   3-49                                                         May 11, 1993
   3-50  Hon. Bob Bullock
   3-51  President of the Senate
   3-52  Sir:
   3-53  We, your Committee on Natural Resources to which was referred H.B.
   3-54  No. 1262, have had the same under consideration, and I am
   3-55  instructed to report it back to the Senate with the recommendation
   3-56  that it do pass and be printed.
   3-57                                                         Sims,
   3-58  Chairman
   3-59                               * * * * *
   3-60                               WITNESSES
   3-61                                                  FOR   AGAINST  ON
   3-62  ___________________________________________________________________
   3-63  Name:  Benny Mathis                                            x
   3-64  Representing:  Structural Pest Control Board
   3-65  City:  Austin
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   3-67  Name:  Earl Burnam                               x
   3-68  Representing:  Audubon Council of Tx
   3-69  City:  Ft. Worth
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    4-1  Name:  Susan Pitman                              x
    4-2  Representing:  Chemical Connection
    4-3  City:  Wimberley
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    4-5  Name:  Bobby Jenkins                             x
    4-6  Representing:  Tx Pest Control Association
    4-7  City:  Austin
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    4-9  Name:  Beth Brooks                               x
   4-10  Representing:  Tx Pest Control Assoc.
   4-11  City:  Austin
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