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.