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.