Amend HB 1144 by adding SECTION 4 on page 28, line 35, to
read as follows:
      SECTION 4.  Section 4B(d), Texas Structural Pest Control Act
(Article 135b-6, Vernon's Texas Civil Statutes), is amended to read
as follows:
      (d)  An owner of a building that is an apartment building;
day-care center; hospital; nursing home; hotel; motel; lodge;
warehouse; food-processing establishment; or school or educational
institution, may obtain pest control services for that building
from a person only by:
            (1)  contracting with a person or business that has a
<structural pest control business> license to perform the services;
or
            (2)  requiring an employee of the owner, who is
licensed as a certified noncommercial applicator or technician, to
perform the services.
      Section 11, Texas Structural Pest Control Act (Article
135b-6, Vernon's Texas Civil Statutes), is amended to read as
follows:
      Sec. 11.  EXCEPTIONS.  Except for Sections <Section> 4H(d)
and 4J of this Act, the provision of this Act shall not apply to
nor shall the following persons be deemed to be engaging in the
business of structural pest control:
            (1)  a person who performs pest control work upon
property which he owns, leases, or rents as his dwelling;
            (2)  a person who performs pest control work on growing
plants, trees, shrubs, grass, or other horticultural plants if the
person:
                  (A)  holds a Class 1, Class 2, Class 3, or Class
4 registration certificate from the Department of Agriculture under
Section 71.043, Agriculture code; and
                  (B)  holds a certified commercial or
noncommercial applicator's license from the Department of
Agriculture that covers that pest control work;
            (3)  a person or his employee who is engaged in the
business of agriculture or aerial application or custom application
of pesticides to agricultural lands;
            (4)  a person who uses pest control chemicals that are
for household use and are available for purchase in retail food
stores, such as aerosol bombs and spray cans, if the insecticide is
used in accordance with the label directions on the insecticide or
board rules or guidelines, or as provided by Section 4B of this Act
and is:
                  (A)  used by the owner or his employee or agent
in space occupied by the building owner in a residential building;
or
                  (B)  used in a place that is vacant, unused, and
unoccupied; <and>
            (5)  a person acting as a beekeeper, as defined by
Section 131.001, Agriculture Code, who:
                  (A)  is registered with the chief apiary
inspector as provided by Chapter 131, Agriculture Code, and the
board;
                  (B)  does not use pesticides or electrical
devices other than conventional bee smokers or other equipment as
defined by Section 131.001, Agriculture Code; and
                  (C)  collects, removes, or destroys honey bees
not attached to a dwelling or structure occupied by the public; or
            (6)  a person who performs pest control work on growing
plants, trees, shrubs, grass, or other horticultural plants or
rights-of-way if the person:
                  (A)  complies with annual continuing education
required by the Department of Agriculture;
                  (B)  holds a certified commercial or
noncommercial applicator's license from the Department of
Agriculture that covers pest control work or is under the direct
supervision of a person who holds a certified commercial or
noncommercial applicator's license from the Department of
Agriculture that covers pest control work;
                  (C)  is an employee of a political subdivision or
a cemetery; and
                  (D)  is engaged in pest control work or
vegetation management for the political subdivision or cemetery.
      Renumber lines and remaining sections accordingly.