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.