73R4829 CAS-F
By Krusee, et al. H.B. No. 1378
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain exemptions from the Texas Structural Pest
1-3 Control Act.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11, 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 Sec. 11. Exceptions. Except for Section 4H(d) of this Act,
1-9 the provisions of this Act shall not apply to nor shall the
1-10 following persons be deemed to be engaging in the business of
1-11 structural pest control:
1-12 (1) a person who performs pest control work upon
1-13 property which he owns, leases, or rents as his dwelling;
1-14 (2) a person who performs pest control work on growing
1-15 plants, trees, shrubs, grass, or other horticultural plants if the
1-16 person:
1-17 (A) holds a Class 1, Class 2, Class 3, or Class
1-18 4 registration certificate from the Department of Agriculture under
1-19 Section 71.043, Agriculture Code; and
1-20 (B) holds a certified commercial or
1-21 noncommercial applicator's license from the Department of
1-22 Agriculture that covers that pest control work;
1-23 (3) a person or his employee who is engaged in the
1-24 business of agriculture or aerial application or custom application
2-1 of pesticides to agricultural lands; <and>
2-2 (4) a person who uses pest control chemicals that are
2-3 for household use and are available for purchase in retail food
2-4 stores, such as aerosol bombs and spray cans, if the insecticide is
2-5 used in accordance with board rules or guidelines and is:
2-6 (A) used by the owner or his employee or agent
2-7 in space occupied by the building owner in a residential building,
2-8 office building, retail building, or industrial building; or
2-9 (B) used in a place that is vacant, unused, and
2-10 unoccupied; and
2-11 (5) a person acting as a beekeeper, as defined by
2-12 Section 131.001, Agriculture Code, if the person:
2-13 (A) is registered with the chief apiary
2-14 inspector as provided by Section 131.045, Agriculture Code; and
2-15 (B) does not use either pesticides or electronic
2-16 devices other than conventional bee smokers or other equipment, as
2-17 defined by Section 131.001, Agriculture Code.
2-18 SECTION 2. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended,
2-23 and that this Act take effect and be in force from and after its
2-24 passage, and it is so enacted.
2-25 COMMITTEE AMENDMENT NO. 1
2-26 Amend H.B. 1378 on page 2 as follows:
2-27 On line 14 delete the word "and" after the ";".
3-1 On line 17 change the period after the word "Code" to a
3-2 semicolon, add the word "and", and add a new Subsection (C) to read
3-3 as follows: "collects, removes or destroys honey bees."
3-4 Gray