BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 693

81R2601 JAM-D                                                                                                   By: Truitt (Hegar)

                                                                                                                Agriculture & Rural Affairs

                                                                                                                                            4/27/2009

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law requires falconers practicing in Texas to obtain a structural pest control license from the Structural Pest Control Board.  A structural pest control license applicant is required to complete an apprenticeship under a licensed commercial pesticide applicator as well as 28 hours of classroom training and 40 hours of on-the-job training in pesticide application, mixing, spill cleanup, and insect inspection before receiving a license.  These tasks are related primarily to the control of insect pests rather than the unattended bird roosts controlled by falconers.  Falconers are already required to maintain a federal and state falconry permit for which the applicant is required to pass a licensing exam, build aviary facilities that are regularly inspected by a game warden, and complete a two-year apprenticeship under the sponsorship of a general master class falconer.

 

H.B. 693 exempts a person engaged in falconry from structural pest control licensing requirements to prevent unnecessary licensing procedures for falconers.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subchapter B, Chapter 1951, Occupations Code, by adding Section 1951.057, as follows:

 

Sec.  1951.057.  FALCONERS.  (a) Provides that this chapter does not apply to a person engaged in falconry, as defined by Section 49.001 (Definitions), Parks and Wildlife Code, who is the holder of a falconer's permit as provided by Chapter 49 (Falconry Permit), Parks and Wildlife Code, and uses a raptor to control or relocate other birds.

 

(b) Provides that a person described by Subsection (a) is not considered to be engaged in the business of structural pest control.

 

SECTION 2.  Effective date: upon passage or September 1, 2009.