By:  Craddick                                         H.B. No. 1375
       73R4613 JMM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to pest control services provided by or for certain
    1-3  persons on their own property.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 4B(b) and (d), Texas Structural Pest
    1-6  Control Act (Article 135b-6, Vernon's Texas Civil Statutes), are
    1-7  amended to read as follows:
    1-8        (b)  An individual must be licensed as a certified
    1-9  noncommercial applicator if the individual is not licensed as a
   1-10  certified commercial applicator and the individual:
   1-11              (1)  is an employee of the state or a city or county
   1-12  and engages in the business of structural pest control; or
   1-13              (2)  is an employee of a person who owns, operates, or
   1-14  maintains a building, the individual engages in the business of
   1-15  structural pest control in the building, and the building is a <an
   1-16  apartment building;> day-care center; hospital; nursing home;
   1-17  hotel; motel; lodge; warehouse; food-processing establishment,
   1-18  other than a restaurant, retail food, or food service
   1-19  establishment; school or educational institution.
   1-20        (d)  An owner of a building that is a <an apartment
   1-21  building;> day-care center; hospital; nursing home; hotel; motel;
   1-22  lodge; warehouse; food-processing establishment, other than a
   1-23  restaurant, retail food, or food service establishment; school or
   1-24  educational institution, may obtain pest control services for the
    2-1  building from a person only by:
    2-2              (1)  contracting with a business that has a structural
    2-3  pest control business license; or
    2-4              (2)  requiring an employee of the owner, who is
    2-5  licensed as a certified noncommercial applicator, to perform the
    2-6  services.
    2-7        SECTION 2.  Sections 4G(c), (d), and (e), Texas Structural
    2-8  Pest Control Act (Article 135b-6, Vernon's Texas Civil Statutes),
    2-9  are amended to read as follows:
   2-10        (c)  For an indoor treatment at a residential rental property
   2-11  with less than five rental units, including a single family,
   2-12  duplex, triplex, or fourplex rental property, the certified
   2-13  applicator,  <or> technician, or other person providing pest
   2-14  control services shall leave the pest control information sheet in
   2-15  the residence at the time of each treatment.
   2-16        (d)  For an indoor treatment at a residential rental property
   2-17  with five or more rental units, the certified applicator, <or>
   2-18  technician, or other person providing pest control services shall
   2-19  supply the pest control information sheet to the owner or manager
   2-20  of the complex.  The certified applicator, <or> technician, or
   2-21  other person providing pest control services shall also supply the
   2-22  owner or manager with a pest control sign.  The owner or manager or
   2-23  an employee or agent of the owner or manager, other than the
   2-24  certified applicator, <or> technician, or other person providing
   2-25  pest control services, shall notify residents who live in the
   2-26  direct or adjacent area of the treatment by:
   2-27              (1)  posting the sign in an area of common access at
    3-1  least 48 hours before each planned treatment; or
    3-2              (2)  distributing the information sheet at least 48
    3-3  hours before each planned treatment by leaving the sheet on the
    3-4  front door of each unit or in a conspicuous place inside each unit.
    3-5        (e)  For an indoor treatment at a workplace, the certified
    3-6  applicator, <or> technician, or other person providing pest control
    3-7  services shall supply the pest control information sheet and a pest
    3-8  control sign to the employer or the building manager.  The employer
    3-9  or the building manager or an employee or agent of the owner or
   3-10  manager, other than the certified applicator, <or> technician, or
   3-11  other person providing pest control services, shall notify the
   3-12  individuals who work at the workplace of the date of the planned
   3-13  treatment by:
   3-14              (1)  posting the sign in an area of common access that
   3-15  the individuals are likely to check on a regular basis at least 48
   3-16  hours before each planned treatment; and
   3-17              (2)  providing the information sheet to any individual
   3-18  working in the building on request of the individual if the request
   3-19  is made during normal business hours.
   3-20        SECTION 3.  Section 4H(c), Texas Structural Pest Control Act
   3-21  (Article 135b-6, Vernon's Texas Civil Statutes), is amended to read
   3-22  as follows:
   3-23        (c)  For an outdoor treatment at a residential rental
   3-24  property with fewer than five rental units, including a single
   3-25  family, duplex, triplex, or fourplex rental property, the certified
   3-26  applicator, <or> technician, or other person providing pest control
   3-27  services shall leave the pest control information sheet at each
    4-1  unit at the time of treatment.
    4-2        SECTION 4.  Section 5(b), Texas Structural Pest Control Act
    4-3  (Article 135b-6, Vernon's Texas Civil Statutes), is amended to read
    4-4  as follows:
    4-5        (b)  An individual without a license may, on his own premises
    4-6  or on premises in which he owns a partnership or joint venture
    4-7  interest, or on the premises other than a <an apartment building as
    4-8  defined in Section 4B of this Act,> day-care center, hospital,
    4-9  nursing home, hotel, motel, lodge, warehouse, food-processing
   4-10  establishment, or school or educational institution, of an employer
   4-11  by whom he was hired primarily to perform other services, use
   4-12  insecticides, pesticides, rodenticides, fumigants, or allied
   4-13  chemicals or substances or mechanical devices designed to prevent,
   4-14  control, or eliminate pest infestations unless that use is
   4-15  prohibited by state law or rule or by rule of the United States
   4-16  Environmental Protection Agency or unless the substance used is
   4-17  labeled as a restricted-use pesticide or a state-limited-use
   4-18  pesticide.
   4-19        SECTION 5.  Section 11, 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        Sec. 11.  Except for Section 4H(d) of this Act, the
   4-23  provisions of this Act shall not apply to nor shall the following
   4-24  persons be deemed to be engaging in the business of structural pest
   4-25  control:
   4-26              (1)  a person who performs pest control work upon
   4-27  property which he owns, leases, or rents as his dwelling;
    5-1              (2)  a person who performs pest control work on growing
    5-2  plants, trees, shrubs, grass, or other horticultural plants if the
    5-3  person:
    5-4                    (A)  holds a Class 1, Class 2, Class 3, or Class
    5-5  4 registration certificate from the Department of Agriculture under
    5-6  Section 71.043, Agriculture Code; and
    5-7                    (B)  holds a certified commercial or
    5-8  noncommercial applicator's license from the Department of
    5-9  Agriculture that covers that pest control work
   5-10              (3)  a person or his employee who is engaged in the
   5-11  business of agriculture or aerial application or custom application
   5-12  of pesticides to agricultural lands; and
   5-13              (4)  a person who uses pest control chemicals <that are
   5-14  for household use and are available for purchase in retail food
   5-15  stores, such as aerosol bombs and spray cans,> if the insecticide
   5-16  is used in accordance with board rules or guidelines and is:
   5-17                    (A)  used by the owner or his employee or agent
   5-18  in space occupied by the building owner in a residential building,
   5-19  apartment building, office building, retail building, or industrial
   5-20  building; or
   5-21                    (B)  used in a place that is vacant, unused, and
   5-22  unoccupied.
   5-23        SECTION 6.  The importance of this legislation and the
   5-24  crowded condition of the calendars in both houses create an
   5-25  emergency and an imperative public necessity that the
   5-26  constitutional rule requiring bills to be read on three several
   5-27  days in each house be suspended, and this rule is hereby suspended,
    6-1  and that this Act take effect and be in force from and after its
    6-2  passage, and it is so enacted.