By:  Hirschi                                          H.B. No. 1908
       73R4676 JMM-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to outdoor treatment notification standards for structural
    1-3  pest control.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 4F(c) and (j), 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        (c)  The board shall establish a public information program
    1-9  as provided by this section, <and> Section 4G, and Section 4H of
   1-10  this Act for the purpose of informing the public about the practice
   1-11  and regulation of structural pest control in this state.
   1-12        (j)  The board shall develop signs <a sign> to be posted in
   1-13  the areas <area> of an indoor or outdoor treatment that contain
   1-14  <contains>:
   1-15              (1)  the date of the planned treatment; and
   1-16              (2)  any other information required by the board.
   1-17        SECTION 2.  Section 4H, Texas Structural Pest Control Act
   1-18  (Article 135b-6, Vernon's Texas Civil Statutes), is amended to read
   1-19  as follows:
   1-20        Sec. 4H.  (a)  In this section:
   1-21              (1)  "Pest <"pest> control information sheet" means an
   1-22  information sheet developed and approved by the board under Section
   1-23  4F of this Act.
   1-24              (2)  "Pest control sign" means a sign in a form
    2-1  approved by the board under Section 4F of this Act.
    2-2        (b)  For an outdoor treatment at a private residence that is
    2-3  not rental property, the certified applicator or technician shall
    2-4  leave the pest control information sheet at the residence before
    2-5  the treatment begins.  The certified applicator or technician shall
    2-6  also post a pest control sign at a common point of access to the
    2-7  outside area treated at the time of each application.  The owner
    2-8  may remove the sign 48 hours after the time the sign is posted.
    2-9        (c)  For an outdoor treatment at a residential rental
   2-10  property with fewer than five rental units, including a single
   2-11  family, duplex, triplex, or fourplex rental property, the certified
   2-12  applicator or technician shall leave the pest control information
   2-13  sheet at each unit at the time of treatment.  The certified
   2-14  applicator or technician shall also post a pest control sign at a
   2-15  common point of access to the outside area treated at the time of
   2-16  each application.  The resident may remove the sign 48 hours after
   2-17  the time the sign is posted.
   2-18        (d)  The board may adopt rules to require the distribution of
   2-19  a pest control information sheet, the posting of a pest control
   2-20  sign, or both the distribution of information and the posting of a
   2-21  sign for an outdoor treatment other than the outdoor treatments
   2-22  described in Subsections (b) and (c) of this section if the board
   2-23  determines that the distribution or posting, or both, would protect
   2-24  the health, safety, and welfare of the public.
   2-25        (e)  A person does not commit a violation of this Act or a
   2-26  rule adopted by the board under this Act if the person posts a sign
   2-27  as required by this section that is removed by an unauthorized
    3-1  person.
    3-2        (f)  For the purposes of this section, a treatment is not an
    3-3  outdoor treatment if the primary purpose of the treatment is to
    3-4  treat the inside of a building despite the fact that the treatment
    3-5  includes an outdoor perimeter treatment of the building.
    3-6        SECTION 3.  This Act takes effect September 1, 1993.
    3-7        SECTION 4.  The importance of this legislation and the
    3-8  crowded condition of the calendars in both houses create an
    3-9  emergency and an imperative public necessity that the
   3-10  constitutional rule requiring bills to be read on three several
   3-11  days in each house be suspended, and this rule is hereby suspended.