By Dukes H.B. No. 2653
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to structural pest control outdoor treatment notification
1-3 standards.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 4F(c) and 4F(j), Structural Pest Control
1-6 Act Article 135B-6, are amended to read as follows:
1-7 (c) The board shall establish a public information program
1-8 as provided by this section. <and> Section 4G, and Section 4H of
1-9 this Act for the purposes of informing the public about the
1-10 practice and regulation of structural pest control in this state.
1-11 (j) The board shall develop signs to be posted in the areas
1-12 of an indoor or outdoor treatment that contain any information
1-13 required by the board. Signs for indoor treatment must contain the
1-14 date of the planned treatment. <The board shall develop a sign to
1-15 be posted in the area of an indoor treatment that contains:>
1-16 <(1) the date of the planned treatment; and>
1-17 <(2) any other information required by the board.>
1-18 SECTION 2. Section 4H, Structural Pest Control Act, Article
1-19 135B-6 is amended to read as follows and by adding new subsections
1-20 4H(e) and 4H(f):
1-21 SECTION 4H. (a) In this section:
1-22 (1) "PEST <PEST> control information sheet" means an
1-23 information sheet developed and approved by the board under Section
2-1 4F of this Act.
2-2 (2) "Pest control sign" means a sign in the form
2-3 approved by the board under Section 4F of this Act.
2-4 (b) For an outdoor treatment at a private residence that is
2-5 not rental property, the certified applicator or technician shall
2-6 leave the pest control information sheet at the residence before
2-7 each treatment begins. The certified applicator or technician
2-8 shall also post pest control signs which are visible from all
2-9 points of access to the treated area at the time of each
2-10 application. One sign is sufficient if it is clearly visible from
2-11 all points of access to the treated area. A sign is not required
2-12 for treatments to areas that are fenced or otherwise not
2-13 accessible. The homeowner may remove the signs 48 hours after
2-14 posting.
2-15 (c) For an outdoor treatment at a residential property with
2-16 fewer than five rental units, including a single family, duplex,
2-17 triplex, or fourplex rental property, the certified applicator or
2-18 technician shall leave the pest control information sheet at each
2-19 unit at the time of each treatment. The certified applicator or
2-20 technician shall also post pest control signs which are visible
2-21 from all points of access to the treated areas or areas at the time
2-22 of each application. The resident may remove the signs 48 hours
2-23 after posting.
2-24 (d) The board may adopt rules to require the distribution of
2-25 a pest control information sheet, the posting of a pest control
3-1 signs, or both the distribution of information and the posting of a
3-2 sign for an outdoor treatment other than the outdoor treatments
3-3 described in Subsections (b) and (c) of this section if the board
3-4 determines that the distribution or posting, or both, would protect
3-5 the health, safety, and welfare of the public.
3-6 (e) A person does not commit a violation of this Act or a
3-7 rule adopted by the board under this Act if the person posts a sign
3-8 as required by this section or rule adopted under this section that
3-9 is removed by an unauthorized person.
3-10 (f) For the purposes of this section, a treatment is not an
3-11 outdoor treatment if the primary purpose of the treatment is to
3-12 treat the inside of the building despite the fact that the
3-13 treatment includes an outdoor perimeter treatment of the building.
3-14 SECTION 3. This Act takes effect September 1, 1995.
3-15 SECTION 4. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended.