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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of structural pest control. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1951.002(16), Occupations Code, is |
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amended to read as follows: |
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(16) "Technician" means a person who holds a license |
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under this chapter and who, under [the] direct supervision of a |
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certified noncommercial applicator or, as an employee of a holder |
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of a structural pest control business license, performs supervised |
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pesticide applications, maintains or uses structural pest control |
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devices, makes sales presentations, or identifies pest infestation |
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or damage. The term does not include a person whose duties are |
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solely clerical or are otherwise completely disassociated with pest |
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control. |
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SECTION 2. Section 1951.003, Occupations Code, is amended |
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to read as follows: |
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Sec. 1951.003. BUSINESS OF STRUCTURAL PEST CONTROL. (a) In |
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this chapter, a person is engaged in the "business of structural |
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pest control" if the person performs[, offers to perform, or
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advertises for or solicits the person's performance of] any of the |
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following services for compensation, including services performed |
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as a part of the person's employment: |
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(1) identifying infestations or making inspections |
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for the purpose of identifying or attempting to identify |
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infestations of: |
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(A) arthropods, including insects, spiders, |
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mites, ticks, and related pests, wood-infesting organisms, |
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rodents, weeds, nuisance birds, and any other obnoxious or |
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undesirable animals that may infest households, railroad cars, |
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ships, docks, trucks, airplanes, or other structures or their |
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contents; or |
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(B) pests or diseases of trees, shrubs, or other |
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plantings in a park or adjacent to a residence, business |
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establishment, industrial plant, institutional building, or |
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street; |
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(2) making oral or written inspection reports, |
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recommendations, estimates, or bids with respect to an infestation |
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described by Subdivision (1); or |
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(3) making contracts, or submitting bids based on an |
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inspection for services or performing services designed to prevent, |
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control, or eliminate an infestation described by Subdivision (1) |
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by the use of insecticides, pesticides, rodenticides, fumigants, |
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allied chemicals or substances, or mechanical devices. |
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(b) A person is not engaged in the business of structural |
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pest control if the person is a clerical employee or a manual |
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laborer and the person does not: |
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(1) identify pests; |
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(2) make inspections, recommendations, estimates, |
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bids, or contracts; |
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(3) provide estimates, bids, or contracts based on an |
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inspection; or |
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(4) apply insecticides, pesticides, rodenticides, |
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fumigants, allied chemicals, or other related substances regulated |
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by the department. |
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SECTION 3. Section 1951.101(a), Occupations Code, is |
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amended to read as follows: |
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(a) The committee consists of nine members appointed by the |
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commissioner as follows: |
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(1) two members who are experts in structural pest |
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control application; |
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(2) three members who represent the public; |
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(3) one member from an institution of higher education |
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who is knowledgeable in the science of pests and pest control; |
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(4) one member who represents the interests of |
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structural pest control operators and who is appointed based on |
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recommendations provided by a trade association of operators; |
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(5) one member who represents the interests of |
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consumers [and who is appointed based on recommendations provided
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by consumer advocacy groups or associations]; and |
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(6) the commissioner of state health services or the |
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commissioner's designee. |
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SECTION 4. Section 1951.105, Occupations Code, is amended |
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to read as follows: |
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Sec. 1951.105. RULES GOVERNING COMMITTEE; COMMITTEE |
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MEETINGS. (a) The department shall adopt rules for the operation |
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of the committee, including rules governing: |
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(1) the purpose, role, responsibility, and goals of |
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the committee; |
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(2) the quorum requirements for the committee; |
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(3) the qualifications required for members of the |
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committee, which may include experience and geographic |
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representation requirements; |
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(4) the appointment process for the committee; |
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(5) the members' terms; |
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(6) the training requirements; |
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(7) a process to regularly evaluate the effectiveness |
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of the committee; and |
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(8) a requirement that the committee comply with |
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Chapter 551, Government Code. |
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(b) The committee shall: |
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(1) meet quarterly; |
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(2) operate under Robert's Rules of Order; and |
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(3) record the minutes of each meeting. |
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SECTION 5. Section 1951.205(a), Occupations Code, is |
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amended to read as follows: |
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(a) The department, with the advice of the committee, shall |
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adopt rules as authorized under this chapter governing the methods |
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and practices of structural pest control that the department |
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determines are necessary to protect the public's health and welfare |
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and prevent adverse effects on human life and the environment. Each |
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rule adopted must cite the section of this chapter that authorizes |
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the rule. |
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SECTION 6. Section 1951.212(b), Occupations Code, is |
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amended to read as follows: |
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(b) The department shall use the structural pest control [an
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existing] advisory committee [or create a new advisory committee] |
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to assist the department in developing the standards for the |
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integrated pest management program. In developing the standards, |
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the advisory committee shall consult with a person knowledgeable in |
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the area of integrated pest management in schools. |
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SECTION 7. Section 1951.301, Occupations Code, is amended |
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by amending Subsection (d) and adding Subsection (f) to read as |
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follows: |
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(d) A person engaged in the business of structural pest |
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control must hold a structural pest control business license for |
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each place of business, including each branch office. A certified |
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commercial applicator, certified noncommercial applicator, or |
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licensed technician is not required to obtain a separate license |
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for each branch office of an employer. |
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(f) A certified commercial applicator or technician license |
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must be associated with a business license holder. The name of the |
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employer of a licensed commercial applicator or technician must be |
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printed on the face of the license issued to a commercial applicator |
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or technician. |
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SECTION 8. Section 1951.308, Occupations Code, is amended |
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to read as follows: |
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Sec. 1951.308. LICENSE EXPIRATION. A license issued under |
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this chapter expires at the end of the license period as determined |
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by department rule. [(a)
The department by rule may adopt a system
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under which licenses expire on various dates during the year.
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[(b)
For the year in which the license expiration date is
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changed, license fees payable on December 31 shall be prorated on a
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monthly basis so that each license holder pays only that portion of
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the license fee that is allocable to the number of months during
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which the license is valid. On renewal of the license on the new
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expiration date, the total license renewal fee is payable.] |
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SECTION 9. Section 1951.453, Occupations Code, is amended |
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to read as follows: |
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Sec. 1951.453. PEST CONTROL INFORMATION FOR INDOOR |
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TREATMENTS: RESIDENTIAL PROPERTY. (a) For an indoor treatment at |
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a private residence that is not rental property, a certified |
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applicator or technician shall make available[:
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[(1) give] a pest control information sheet developed |
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under Section 1951.254 to the owner of the residence before each |
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treatment begins[; or
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[(2)
if the owner is not available at the time
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treatment begins, leave the information sheet in a conspicuous
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place in the residence]. |
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(b) For an indoor treatment at a residential rental property |
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with fewer than five rental units, a certified applicator or |
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technician shall make available [leave] a pest control information |
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sheet developed under Section 1951.254 to the tenant of [in] each |
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unit [at the time of each treatment]. |
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(c) For an indoor treatment at a residential rental property |
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with five or more rental units, a certified applicator or |
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technician shall make available [provide] a pest control |
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information sheet developed under Section 1951.254 and a pest |
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control sign developed under that section to the owner or manager of |
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the property. The owner or manager or an employee or agent of the |
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owner or manager, other than the certified applicator or |
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technician, shall notify residents who live in the direct area of |
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the treatment or in an adjacent area by: |
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(1) posting the sign in an area of common access at |
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least 48 hours before each planned treatment; or |
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(2) leaving the information sheet on the front door of |
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each unit or in a conspicuous place inside each unit at least 48 |
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hours before each planned treatment. |
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SECTION 10. Section 1951.454, Occupations Code, is amended |
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to read as follows: |
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Sec. 1951.454. PEST CONTROL INFORMATION FOR INDOOR |
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TREATMENTS: WORKPLACE. For an indoor treatment at a workplace, a |
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certified applicator or technician shall make available [provide] a |
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pest control information sheet developed under Section 1951.254 and |
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a pest control sign developed under that section to the employer or |
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the building manager. The employer or building manager or an |
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employee or agent of the owner or manager, other than the certified |
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applicator or technician, shall notify the persons who work at the |
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workplace of the date of the planned treatment by: |
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(1) posting the sign in an area of common access that |
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the persons are likely to check on a regular basis at least 48 hours |
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before each planned treatment; and |
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(2) providing the information sheet to any person |
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working in the building on a request made by the person during |
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normal business hours. |
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SECTION 11. Section 1951.455(a), Occupations Code, is |
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amended to read as follows: |
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(a) For an indoor treatment at a building that is a |
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hospital, nursing home, hotel, motel, lodge, warehouse, |
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food-processing establishment, school, or day-care center, a |
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certified applicator or technician shall make available [provide] a |
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pest control information sheet developed under Section 1951.254 and |
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a pest control sign developed under that section to the chief |
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administrator or building manager. The chief administrator or |
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building manager shall notify the persons who work in the building |
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of the treatment by: |
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(1) posting the sign in an area of common access that |
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the persons are likely to check on a regular basis at least 48 hours |
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before each planned treatment; and |
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(2) providing the information sheet to a person |
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working in the building on request of the person. |
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SECTION 12. Sections 1951.457(a) and (b), Occupations Code, |
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are amended to read as follows: |
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(a) For an outdoor treatment at a private residence that is |
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not rental property, a certified applicator or technician shall |
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make available [leave] a pest control information sheet developed |
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under Section 1951.254 at the residence before the treatment |
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begins. |
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(b) For an outdoor treatment at a residential rental |
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property with fewer than five rental units, a certified applicator |
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or technician shall make available [leave] a pest control |
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information sheet at each unit at the time of treatment. |
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SECTION 13. Section 1951.456(d), Occupations Code, is |
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repealed. |
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SECTION 14. This Act takes effect September 1, 2009. |