87R4876 MP-D
 
  By: Perry S.B. No. 395
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the performance of pest control work by persons who hold
  a commercial or noncommercial applicator license issued by the
  Department of Agriculture.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1951.053(a), Occupations Code, is
  amended to read as follows:
         (a)  Except as provided by Sections 1951.212 and
  1951.457(c), this chapter does not apply to:
               (1)  a person who performs pest control work on growing
  plants, trees, shrubs, grass, or other horticultural plants if the
  person holds a commercial or noncommercial applicator license from
  the department and issued under Chapter 76, Agriculture Code, that
  covers the pest control work or is under the direct supervision of a
  person who holds a commercial or noncommercial applicator license
  from the department and issued under Chapter 76, Agriculture Code,
  that covers pest control work; or
               (2)  a person who performs pest control work on growing
  plants, trees, shrubs, grass, or other horticultural plants or
  rights-of-way if the person:
                     (A)  is employed by a political subdivision or a
  cemetery;
                     (B)  is engaged in pest control work or vegetation
  management for the political subdivision or cemetery;
                     (C)  holds a commercial or noncommercial
  applicator license from the department and issued under Chapter 76,
  Agriculture Code, that covers pest control work or is under the
  direct supervision of a person who holds a commercial or
  noncommercial applicator license from the department and issued
  under Chapter 76, Agriculture Code, that covers pest control work;
  and
                     (D)  complies with annual continuing education
  required by the department.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.