|
SECTION 1. Section 1951.003,
Occupations Code, is amended to read as follows:
Sec. 1951.003. BUSINESS OF
STRUCTURAL PEST CONTROL. (a) Subsection (b) applies to [In this
chapter, a person is engaged in the "business of structural pest
control" if the person performs, offers to perform, or advertises for
or solicits the person's performance of any of] the following services
[for compensation, including services performed as a part of the
person's employment]:
(1) identifying infestations
or making inspections for the purpose of identifying or attempting to
identify infestations of:
(A) arthropods, including
insects, spiders, mites, ticks, and related pests, wood-infesting
organisms, rodents, weeds, nuisance birds, and any other obnoxious or
undesirable animals that may infest households, railroad cars, ships,
docks, trucks, airplanes, or other structures or their contents; or
(B) pests or diseases of
trees, shrubs, or other plantings in a park or adjacent to a residence,
business establishment, industrial plant, institutional building, or
street;
(2) making oral or written
inspection reports, recommendations, estimates, or bids with respect to an
infestation described by Subdivision (1); or
(3) making contracts, or
submitting bids based on an inspection
for services or performing services designed to prevent, control, or
eliminate an infestation described by Subdivision (1) by the use of
insecticides, pesticides, rodenticides, fumigants, allied chemicals or
substances, or mechanical devices.
(b) A person is engaged
in the "business of structural pest control" and required to hold
a license under this chapter if the person:
(1) advertises or
solicits to perform any service described by Subsection (a); or
(2) performs or offers to
perform for compensation any service described by Subsection (a), including
a service performed as part of the person's employment.
(c) A person is not
engaged in the business of structural pest control if the person is a
clerical employee or a manual laborer and the person does not:
(1) identify pests;
(2) make inspections,
recommendations, estimates, bids, or contracts;
(3) provide estimates, bids,
or contracts based on an inspection; [or]
(4) apply insecticides,
pesticides, rodenticides, fumigants, allied chemicals, or other related
substances regulated by the department; or
(5) advertise or solicit
to perform any service described by Subsection (a).
|
SECTION 1. Section 1951.003,
Occupations Code, is amended to read as follows:
Sec. 1951.003. BUSINESS OF
STRUCTURAL PEST CONTROL. (a) Subsection (b) applies to [In this
chapter, a person is engaged in the "business of structural pest
control" if the person performs, offers to perform, or advertises for
or solicits the person's performance of any of] the following services
[for compensation, including services performed as a part of the
person's employment]:
(1) identifying infestations
or making inspections for the purpose of identifying or attempting to
identify infestations of:
(A) arthropods, including
insects, spiders, mites, ticks, and related pests, wood-infesting
organisms, rodents, weeds, nuisance birds, and any other obnoxious or
undesirable animals that may infest households, railroad cars, ships,
docks, trucks, airplanes, or other structures or their contents; or
(B) pests or diseases of
trees, shrubs, or other plantings in a park or adjacent to a residence,
business establishment, industrial plant, institutional building, or
street;
(2) making oral or written
inspection reports, recommendations, estimates, or bids with respect to an
infestation described by Subdivision (1); or
(3) making contracts, or
submitting bids [based on an
inspection] for services or performing services designed to
prevent, control, or eliminate an infestation described by Subdivision (1)
by the use of insecticides, pesticides, rodenticides, fumigants, allied
chemicals or substances, or mechanical devices.
(b) A person is engaged
in the "business of structural pest control" and required to hold
a license under this chapter if the person:
(1) advertises or
solicits to perform any service described by Subsection (a); or
(2) performs or offers to
perform for compensation any service described by Subsection (a), including
a service performed as part of the person's employment.
(c) A person is not
engaged in the business of structural pest control if the person is a clerical
employee or a manual laborer and the person does not:
(1) identify pests;
(2) make inspections,
recommendations, estimates, bids, or contracts;
(3) provide estimates, bids,
or contracts based on an inspection; [or]
(4) apply insecticides, pesticides,
rodenticides, fumigants, allied chemicals, or other related substances
regulated by the department; or
(5) advertise or solicit
to perform any service described by Subsection (a).
|