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A BILL TO BE ENTITLED
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AN ACT
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relating to the services that require a structural pest control |
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license; changing the applicability of an occupational license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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) |
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Subsection (b) applies to [In this chapter, a person is engaged in
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the "business of structural pest control" if the person performs,
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offers to perform, or advertises for or solicits the person's
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performance of any of] the following services [for compensation,
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including services performed 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 engaged in the "business of structural pest |
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control" and required to hold a license under this chapter if the |
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person: |
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(1) advertises or solicits to perform any service |
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described by Subsection (a); or |
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(2) performs or offers to perform for compensation any |
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service described by Subsection (a), including a service performed |
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as part of the person's employment. |
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(c) 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; or |
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(5) advertise or solicit to perform any service |
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described by Subsection (a). |
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SECTION 2. The changes in law made by this Act apply only to |
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conduct that occurs on or after the effective date of this Act. |
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Conduct that occurs before the effective date of this Act is |
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governed by the law in effect when the conduct occurs, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |