H.B. 1754 78(R)    BILL ANALYSIS


H.B. 1754
By: Davis, Yvonne
Licensing & Administrative Procedures
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Due to improper pre-construction termite treatments (pre-treats), the
Structural Pest Control Board (SPCB) adopted regulations in 1997 to
require notice for pre-treats other than single-family dwellings.
Notification gives the SPCB the opportunity to have investigators monitor
and observe effective enforcement. In the 6-year period following the
implementation of reporting requirements 214 enforcement (almost 20%)
actions have been recorded in the 1102 investigations that have been
performed and have resulted in $168,450.00 in penalties. 
 
In 2001 Governor Perry adopted the International Residential Code which
requires all new residential construction in Texas municipalities include
subterranean termite protection before final construction was completed.
While enforcement of Code requirements is clearly the purview of
municipalities, enforcement regarding proper application, label compliance
and chemical use and delegated to the SPCB. The SPCB has not performed use
observations on pre-treats of single-family dwellings. However, it is
believed that considerable pesticide misuse and consumer fraud is
occurring. 
 
Approximately 2,600 licensed pest control businesses have one or more
applicators qualified to perform pre-treats. In the absence of effective
monitoring and enforcement, this problem may be expected to be
substantial. The potential of fraud serves to undermine the business
vitality of the honest pesticide applicators.  


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

Amends section 1951.002, Occupations Code, by adding Subdivision (17)
which defines "preconstruction termite treatment." 
Amends chapter 1951, Occupations Code, by adding Section 1951.354: which
requires the board to charge a fee of between $10 and $20 payable before
treatment begins for each service performed by a business licensed by the
board. One fee is required for a single building even though treatment may
occur on more than one day. 
The Texas Structural Pest Control Board shall adopt standards relating to
collection of fees and administration of this Act not later than October
1, 2003.  


EFFECTIVE DATE

September 1, 2003.