By:  Sims                                              S.B. No. 650
       73R6079 JMM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of pest control services by the Texas
    1-3  Structural Pest Control Board.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 2(b)(10), Texas Structural Pest Control
    1-6  Act (Article 135b-6, Vernon's Texas Civil Statutes), is amended to
    1-7  read as follows:
    1-8              (10)  "Technician" means an individual employed by a
    1-9  business licensee to engage in supervised pesticide applications,
   1-10  maintain or utilize structural pest control devices, make sales
   1-11  presentations, or identify pest infestation or damage or an
   1-12  individual who works under the direct supervision of a certified
   1-13  noncommercial applicator and engages in supervised pesticide
   1-14  applications, maintains or utilizes structural pest control
   1-15  devices, or identifies pest infestation or damage.  The term does
   1-16  not include an individual whose duties are solely clerical <or
   1-17  janitorial,> or are otherwise completely disassociated with pest
   1-18  control.
   1-19        SECTION 2.  Section 3, Texas Structural Pest Control Act
   1-20  (Article 135b-6, Vernon's Texas Civil Statutes), is amended by
   1-21  adding Subsection (m) to read as follows:
   1-22        (m)  The executive director shall employ a legal counsel who
   1-23  shall report to the executive director and be responsible for the
   1-24  enforcement of the rules adopted under this Act.
    2-1        SECTION 3.  Sections  4B(b), (c), (d), and (f), Texas
    2-2  Structural Pest Control Act (Article 135b-6, Vernon's Texas Civil
    2-3  Statutes), are amended to read as follows:
    2-4        (b)  An individual must be licensed as a certified
    2-5  noncommercial applicator or technician if the individual is not
    2-6  licensed as a certified commercial applicator and the individual:
    2-7              (1)  is an employee of the state or a city or county
    2-8  and engages in the business of structural pest control; or
    2-9              (2)  is an employee of a person who owns, operates, or
   2-10  maintains a building, the individual engages in the business of
   2-11  structural pest control <in the building>, and the building is an
   2-12  apartment building; day-care center; hospital; nursing home; hotel;
   2-13  motel; lodge; warehouse; food-processing establishment, other than
   2-14  a restaurant, retail food, or food service establishment; school or
   2-15  educational institution.
   2-16        (c)  An individual licensed as a certified noncommercial
   2-17  applicator or technician may not engage in the business of
   2-18  structural pest control outside the scope of the employment for
   2-19  which the individual has been licensed as a certified noncommercial
   2-20  applicator or technician unless the individual becomes licensed as
   2-21  otherwise provided by this Act.
   2-22        (d)  An owner of a building that is an apartment building;
   2-23  day-care center; hospital; nursing home; hotel; motel; lodge;
   2-24  warehouse; food-processing establishment, other than a restaurant,
   2-25  retail food, or food service establishment; school or educational
   2-26  institution, may obtain pest control services <for the building>
   2-27  from a person only by:
    3-1              (1)  contracting with a business that has a structural
    3-2  pest control business license; or
    3-3              (2)  requiring an employee of the owner, who is
    3-4  licensed as a certified noncommercial applicator or technician, to
    3-5  perform the services.
    3-6        (f)  An individual licensed as a certified noncommercial
    3-7  applicator or technician may engage in the business of structural
    3-8  pest control as provided by this section without association with a
    3-9  business that has been issued a structural pest control business
   3-10  license.  The board may adopt insurance requirements for certified
   3-11  noncommercial applicators or technicians.
   3-12        SECTION 4.  Section 5(b), Texas Structural Pest Control Act
   3-13  (Article 135b-6, Vernon's Texas Civil Statutes), is amended to read
   3-14  as follows:
   3-15        (b)  An individual without a license may, on his own premises
   3-16  or on premises in which he owns a partnership or joint venture
   3-17  interest, or on the premises other than an apartment building as
   3-18  defined in Section 4B of this Act, day-care center, hospital,
   3-19  nursing home, hotel, motel, lodge, warehouse, food-processing
   3-20  establishment, facility owned by the state or a political
   3-21  subdivision of the state, or school or educational institution, of
   3-22  an employer by whom he was hired only <primarily> to perform other
   3-23  services, use insecticides, pesticides, rodenticides, fumigants, or
   3-24  allied chemicals or substances or mechanical devices designed to
   3-25  prevent, control, or eliminate pest infestations unless that use is
   3-26  prohibited by state law or rule or by rule of the United States
   3-27  Environmental Protection Agency or unless the substance used is
    4-1  labeled as a restricted-use pesticide or a state-limited-use
    4-2  pesticide.
    4-3        SECTION 5.  Section 7(a), Texas Structural Pest Control Act
    4-4  (Article 135b-6, Vernon's Texas Civil Statutes), is amended to read
    4-5  as follows:
    4-6        (a)  An applicant for an initial or renewal Structural Pest
    4-7  Control Endorsement of License or Business License shall accompany
    4-8  his application with a fee of not more than $180 each, as
    4-9  determined by the board, and a fee of not more than $84, as
   4-10  determined by the board, for the license of each technician
   4-11  employed by the applicant.  An applicant for an initial or renewal
   4-12  Certified <Commercial> Applicator's License shall accompany his
   4-13  application with a fee of not more than $112.50 each, as determined
   4-14  by the board, and a fee of not more than $84, as determined by the
   4-15  board, for the license of each technician employed by the
   4-16  applicant.
   4-17        SECTION 6.  Section 11, Texas Structural Pest Control Act
   4-18  (Article 135b-6, Vernon's Texas Civil Statutes), is amended to read
   4-19  as follows:
   4-20        Sec. 11.  Except for Section 4H(d) of this Act, the
   4-21  provisions of this Act shall not apply to nor shall the following
   4-22  persons be deemed to be engaging in the business of structural pest
   4-23  control:
   4-24              (1)  a person who performs pest control work upon
   4-25  property which he owns, leases, or rents as his dwelling;
   4-26              (2)  a person who performs pest control work on growing
   4-27  plants, trees, shrubs, grass, or other horticultural plants if the
    5-1  person:
    5-2                    (A)  holds a Class 1, Class 2, Class 3, or Class
    5-3  4 registration certificate from the Department of Agriculture under
    5-4  Section 71.043, Agriculture Code; and
    5-5                    (B)  holds a certified commercial or
    5-6  noncommercial applicator's license from the Department of
    5-7  Agriculture that covers that pest control work;
    5-8              (3)  a person or his employee who is engaged in the
    5-9  business of agriculture or aerial application or custom application
   5-10  of pesticides to agricultural lands; and
   5-11              (4)  a person who uses pest control chemicals that are
   5-12  for household use and are available for purchase in retail food
   5-13  stores, such as aerosol bombs and spray cans, if the insecticide is
   5-14  used in accordance with the label directions on the insecticide
   5-15  <board rules or guidelines> and is:
   5-16                    (A)  used by the owner or his employee or agent
   5-17  in space occupied by the building owner in a residential building<,
   5-18  office building, retail building, or industrial building>; or
   5-19                    (B)  used in a place that is vacant, unused, and
   5-20  unoccupied.
   5-21        SECTION 7.  This Act takes effect September 1, 1993.
   5-22        SECTION 8.  The importance of this legislation and the
   5-23  crowded condition of the calendars in both houses create an
   5-24  emergency   and   an   imperative   public   necessity   that   the
   5-25  constitutional rule requiring bills to be read on three several
   5-26  days in each house be suspended, and this rule is hereby suspended.