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.