75R12054 GJH-F
By Gutierrez H.B. No. 3115
Substitute the following for H.B. No. 3115:
By Jackson C.S.H.B. No. 3115
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a certain exemption to regulation under the Texas
1-3 Structural Pest Control Act.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 4B(d), Texas Structural Pest Control Act
1-6 (Article 135b-6, Vernon's Texas Civil Statutes), is amended to read
1-7 as follows:
1-8 (d) An owner of a building that is an apartment building;
1-9 day-care center; hospital; nursing home; hotel; motel; lodge;
1-10 warehouse; food-processing establishment, other than a restaurant,
1-11 retail food, or food service establishment; or school or
1-12 educational institution, may obtain pest control services for that
1-13 building from a person only by:
1-14 (1) contracting with a person or business that has a
1-15 [structural pest control business] license to perform the services;
1-16 or
1-17 (2) requiring an employee of the owner, who is
1-18 licensed as a certified noncommercial applicator or technician, to
1-19 perform the services.
1-20 SECTION 2. Section 11, Texas Structural Pest Control Act
1-21 (Article 135b-6, Vernon's Texas Civil Statutes), is amended to read
1-22 as follows:
1-23 Sec. 11. EXCEPTIONS. Except for Sections [Section] 4H(d)
1-24 and 4J of this Act, the provisions of this Act shall not apply to
2-1 nor shall the following persons be deemed to be engaging in the
2-2 business of structural pest control:
2-3 (1) a person who performs pest control work upon
2-4 property which he owns, leases, or rents as his dwelling;
2-5 (2) a person who performs pest control work on growing
2-6 plants, trees, shrubs, grass, or other horticultural plants if the
2-7 person:
2-8 (A) holds a Class 1, Class 2, Class 3, or Class
2-9 4 registration certificate from the Department of Agriculture under
2-10 Section 71.043, Agriculture Code; and
2-11 (B) holds a certified commercial or
2-12 noncommercial applicator's license from the Department of
2-13 Agriculture that covers that pest control work;
2-14 (3) a person or his employee who is engaged in the
2-15 business of agriculture or aerial application or custom application
2-16 of pesticides to agricultural lands;
2-17 (4) a person who uses pest control chemicals that are
2-18 for household use and are available for purchase in retail food
2-19 stores, such as aerosol bombs and spray cans, if the insecticide is
2-20 used in accordance with the label directions on the insecticide or
2-21 board rules or guidelines, or as provided by Section 4B of this Act
2-22 and is:
2-23 (A) used by the owner or his employee or agent
2-24 in space occupied by the building owner in a residential building;
2-25 or
2-26 (B) used in a place that is vacant, unused, and
2-27 unoccupied; [and]
3-1 (5) a person acting as a beekeeper, as defined by
3-2 Section 131.001, Agriculture Code, who:
3-3 (A) is registered with the chief apiary
3-4 inspector as provided by Chapter 131, Agriculture Code, and the
3-5 board;
3-6 (B) does not use pesticides or electrical
3-7 devices other than conventional bee smokers or other equipment as
3-8 defined by Section 131.001, Agriculture Code; and
3-9 (C) collects, removes, or destroys honey bees
3-10 not attached to a dwelling or structure occupied by the public; or
3-11 (6) a person who performs pest control work on growing
3-12 plants, trees, shrubs, grass, or other horticultural plants or
3-13 rights-of-way if the person:
3-14 (A) complies with annual continuing education
3-15 required by the Department of Agriculture;
3-16 (B) holds a certified commercial or
3-17 noncommercial applicator's license from the Department of
3-18 Agriculture that covers pest control work or is under the direct
3-19 supervision of a person who holds a certified commercial or
3-20 noncommercial applicator's license from the Department of
3-21 Agriculture that covers pest control work;
3-22 (C) is an employee of a political subdivision or
3-23 a cemetery; and
3-24 (D) is engaged in pest control work or
3-25 vegetation management for the political subdivision or cemetery.
3-26 SECTION 3. This Act takes effect September 1, 1997.
3-27 SECTION 4. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended.