H.B. No. 2458
 
 
 
 
AN ACT
  relating to the licensing and regulation of structural pest control
  by the Department of Agriculture and the abolition of the Texas
  Structural Pest Control Board.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. CHANGES TO THE TEXAS STRUCTURAL PEST CONTROL ACT
         SECTION 1.01.  Section 1951.002, Occupations Code, is
  amended by amending Subdivision (14) and adding Subdivisions (5-a),
  (5-b), and (6-a) to read as follows:
               (5-a)  "Commissioner" means the commissioner of
  agriculture.
               (5-b)  "Committee" means the structural pest control
  advisory committee.
               (6-a)  "Department" means the Department of
  Agriculture.
               (14)  "State-limited-use pesticide" means a pesticide
  classified for restricted or limited use by the commissioner [of
  agriculture].
         SECTION 1.02.  Subchapter A, Chapter 1951, Occupations Code,
  is amended by adding Section 1951.0021 to read as follows:
         Sec. 1951.0021.  STRUCTURAL PEST CONTROL SERVICE. The
  Structural Pest Control Service is a service of the department
  responsible for the regulation and licensing of persons engaged in
  the business of structural pest control. The service is
  established to provide exceptional customer service to the public
  and the industry, enhance the educational and professional
  standards of license holders, and ensure the health, safety, and
  welfare of the public.
         SECTION 1.03.  Section 1951.053, Occupations Code, is
  amended to read as follows:
         Sec. 1951.053.  PERSON PERFORMING PEST CONTROL WORK
  OTHERWISE REGULATED BY DEPARTMENT [OF AGRICULTURE]. (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:
                     (A)  holds a florist or nursery registration
  certificate from the department [Department of Agriculture] under
  Section 71.043, Agriculture Code, other than a registration
  certificate that permits the sale, lease, or distribution of
  nursery products or floral items only at a temporary market; and
                     (B)  holds a commercial or noncommercial
  applicator license from the department and issued under Chapter 76,
  Agriculture Code, [Department of Agriculture] that covers the 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, [Department of Agriculture] 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,
  [Department of Agriculture] that covers pest control work; and
                     (D)  complies with annual continuing education
  required by the department [Department of Agriculture].
         (b)  A person described by Subsection (a) is not considered
  to be engaged in the business of structural pest control.
         (c)  Neither this section nor any other law shall prohibit a
  political subdivision from reducing the number of hours of training
  or other requirements for an employee conducting larval mosquito
  control on property owned or controlled by the political
  subdivision using biological pesticides approved for general use by
  the [Texas] Department of State Health Services, provided the
  employee is given instructions adequate to ensure the safe and
  effective use of such pesticides.
         SECTION 1.04.  Section 1951.055(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 a person who uses pest
  control chemicals that are for household use and are available for
  purchase in retail food stores, such as aerosol bombs and spray
  cans, if the insecticide is used in accordance with the label
  directions on the insecticide or with department [board] rules or
  guidelines or as provided by Section 1951.303 and is:
               (1)  used by the owner of a building or the owner's
  employee or agent in an area occupied by the owner in a residential
  building; or
               (2)  used in a place that is vacant, unused, and
  unoccupied.
         SECTION 1.05.  Section 1951.056(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 a person acting as a
  beekeeper, as defined by Section 131.001, Agriculture Code, who:
               (1)  is registered with the [board and with the] chief
  apiary inspector as provided by Subchapter C, Chapter 131,
  Agriculture Code;
               (2)  does not use pesticides or electrical devices
  other than conventional bee smokers or equipment as defined by
  Section 131.001, Agriculture Code; and
               (3)  collects, removes, or destroys honey bees [not
  attached to a dwelling or structure occupied by the public].
         SECTION 1.06.  The heading to Subchapter C, Chapter 1951,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER C. [TEXAS] STRUCTURAL PEST CONTROL ADVISORY COMMITTEE
  [BOARD]
         SECTION 1.07.  Section 1951.101, Occupations Code, is
  amended to read as follows:
         Sec. 1951.101.  COMMITTEE [BOARD] MEMBERSHIP. (a)  The
  committee [Texas Structural Pest Control Board] consists of nine
  members appointed by the commissioner as follows:
               (1)  two members who are experts in structural pest
  control application;
               (2)  three members who represent the public;
               (3)  one member from an institution of higher education
  who is knowledgeable in the science of pests and pest control;
               (4)  one member who represents the interests of
  structural pest control operators and who is appointed based on
  recommendations provided by a trade association of operators;
               (5)  one member who represents the interests of
  consumers and who is appointed based on recommendations provided by
  consumer advocacy groups or associations; and
               (6)  the commissioner of state health services or the
  commissioner's designee.
         (b)  Members of the committee serve staggered four-year
  terms. The terms of four or five members, as appropriate, expire on
  February 1 of each odd-numbered year [Six members are appointed by
  the governor with the advice and consent of the senate as follows:
               [(1)  three members who:
                     [(A)     have been engaged in the business of
  structural pest control for at least the five years preceding the
  date of appointment; and
                     [(B)     are not representatives of the same business
  entity; and
               [(2)  three public members].
         (c)  Service on the committee by a state officer or employee
  is an additional duty of the member's office or employment [The
  commissioner of agriculture, the commissioner of public health, and
  the chair of the Department of Entomology at Texas A&M University or
  their designated representatives are also members of the board].
         (d)  Appointments to the committee [board] shall be made
  without regard to the race, color, disability, sex, religion, age,
  or national origin of the appointee.
         SECTION 1.08.  Section 1951.102, Occupations Code, is
  amended to read as follows:
         Sec. 1951.102.  ELIGIBILITY OF PUBLIC MEMBERS. A person is
  not eligible for appointment as a public member of the committee
  [board] if:
               (1)  the person is licensed under this chapter; or
               (2)  the person or the person's spouse:
                     (A)  is registered, certified, or licensed by an
  occupational regulatory agency in the field of pest control;
                     (B)  is employed by or participates in the
  management of a business entity or other organization regulated by
  the department [board] or receiving funds from the department
  [board];
                     (C)  owns or controls, directly or indirectly,
  more than a 10 percent interest in a business entity or other
  organization regulated by the department [board] or receiving funds
  from the department [board]; or
                     (D)  uses or receives a substantial amount of
  tangible goods, services, or funds from the department [board],
  other than compensation or reimbursement authorized by law for
  committee [board] membership, attendance, or expenses.
         SECTION 1.09.  Section 1951.103, Occupations Code, is
  amended to read as follows:
         Sec. 1951.103.  MEMBERSHIP [AND EMPLOYEE] RESTRICTIONS. (a)
  In this section, "Texas trade association" means a [nonprofit,]
  cooperative[,] and voluntarily joined statewide association of
  business or professional competitors in this state designed to
  assist its members and its industry or profession in dealing with
  mutual business or professional problems and in promoting their
  common interest.
         (b)  A person may not be a member of the committee if:
               (1)  the person is an officer, employee, or paid
  consultant of a Texas trade association in the field of pest control
  except as provided by Section 1951.101(a)(4); or
               (2)  the person's spouse is an officer, manager, or paid
  consultant of a Texas trade association in the field of pest control
  [An officer, employee, or paid consultant of a Texas trade
  association in the field of pest control may not be a member of the
  board and may not be an employee of the board who is exempt from the
  state's position classification plan or is compensated at or above
  the amount prescribed by the General Appropriations Act for step 1,
  salary group A17, of the position classification salary schedule].
         (c)  A person may not be a member of the committee if the
  person is required to register as a lobbyist under Chapter 305,
  Government Code, because of the person's activities for
  compensation on behalf of a profession related to the operation of
  the department [who is the spouse of an officer, manager, or paid
  consultant of a Texas trade association in the field of pest control
  may not be a member of the board and may not be an employee of the
  board who is exempt from the state's position classification plan
  or is compensated at or above the amount prescribed by the General
  Appropriations Act for step 1, salary group A17, of the position
  classification salary schedule].
         [(d)     A person may not serve as a member of the board or act
  as the general counsel to the board if the person is required to
  register as a lobbyist under Chapter 305, Government Code, because
  of the person's activities for compensation on behalf of a
  profession related to the operation of the board.]
         SECTION 1.10.  Section 1951.104, Occupations Code, is
  amended to read as follows:
         Sec. 1951.104.  DUTIES OF COMMITTEE [TERMS]. The committee
  shall:
               (1)  gather and provide information relating to the
  practice of structural pest control at the request of the
  department or the commissioner; and
               (2)  advise the department and the commissioner on:
                     (A)  the education and curricula requirements for
  applicants;
                     (B)  the content of examinations under this
  chapter;
                     (C)  proposed rules and standards on technical
  issues related to structural pest control and rules related to
  enforcement;
                     (D)  standards and criteria for the issuance of
  licenses under this chapter;
                     (E)  fees for license applications and
  examinations under this chapter; and
                     (F)  other issues affecting the practice of
  structural pest control [Appointed members of the board serve
  staggered six-year terms, with the terms of one business and one
  public member expiring February 1 of each odd-numbered year].
         SECTION 1.11.  Section 1951.105, Occupations Code, is
  amended to read as follows:
         Sec. 1951.105.  RULES GOVERNING COMMITTEE [PRESIDING
  OFFICER]. The department shall adopt rules for the operation of the
  committee, including rules governing:
               (1)  the purpose, role, responsibility, and goals of
  the committee;
               (2)  the quorum requirements for the committee;
               (3)  the qualifications required for members of the
  committee, which may include experience and geographic
  representation requirements;
               (4)  the appointment process for the committee;
               (5)  the members' terms;
               (6)  the training requirements;
               (7)  a process to regularly evaluate the effectiveness
  of the committee; and
               (8)  a requirement that the committee comply with
  Chapter 551, Government Code [The governor shall designate a member
  of the board as presiding officer. The presiding officer serves in
  that capacity at the pleasure of the governor].
         SECTION 1.12.  The heading to Section 1951.106, Occupations
  Code, is amended to read as follows:
         Sec. 1951.106.  APPLICABILITY OF OTHER LAW TO COMMITTEE
  [GROUNDS FOR REMOVAL].
         SECTION 1.13.  Section 1951.106(a), Occupations Code, is
  amended to read as follows:
         (a)  Section 2110.008, Government Code, does not apply to the
  committee [It is a ground for removal from the board that a member:
               [(1)     does not have at the time of appointment the
  qualifications required by Section 1951.101 or 1951.102, as
  applicable;
               [(2)     does not maintain during service on the board the
  qualifications required by Section 1951.101 or 1951.102, as
  applicable;
               [(3)     violates a prohibition established by Section
  1951.103;
               [(4)     cannot, because of illness or disability,
  discharge the member's duties for a substantial part of the member's
  term; or
               [(5)     is absent from more than half of the regularly
  scheduled meetings of the board that the member is eligible to
  attend during a calendar year unless that absence is excused by a
  majority vote of the board].
         SECTION 1.14.  The heading to Subchapter E, Chapter 1951,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER E. [BOARD] POWERS AND DUTIES OF DEPARTMENT RELATING TO
  STRUCTURAL PEST CONTROL
         SECTION 1.15.  Section 1951.201, Occupations Code, is
  amended to read as follows:
         Sec. 1951.201.  SOLE LICENSING AUTHORITY; FEES. (a) The
  department [board] is the sole authority in this state for
  licensing persons engaged in the business of structural pest
  control.
         (b)  The department, with the advice of the committee, shall
  establish fees under this chapter in amounts reasonable and
  necessary to cover the costs of administering the department's
  programs and activities under this chapter.
         SECTION 1.16.  Section 1951.202, Occupations Code, is
  amended to read as follows:
         Sec. 1951.202.  BYLAWS. The department [board] shall adopt
  bylaws governing the conduct of the department's [board's] affairs
  under this chapter.
         SECTION 1.17.  Section 1951.203, Occupations Code, is
  amended to read as follows:
         Sec. 1951.203.  STANDARDS AND CRITERIA FOR LICENSES. The
  department, with the advice of the committee, [board] shall develop
  standards and criteria for issuing:
               (1)  a structural pest control business license to a
  person engaged in the business of structural pest control;
               (2)  a certified commercial applicator's license to an
  individual engaged in the business of structural pest control;
               (3)  a certified noncommercial applicator's license to
  an individual; and
               (4)  a technician license to an individual.
         SECTION 1.18.  Sections 1951.204(a), (b), and (c),
  Occupations Code, are amended to read as follows:
         (a)  As part of an investigation under this chapter, the
  commissioner [The board] may request and, if necessary, compel by
  subpoena:
               (1)  the attendance of witnesses for examination under
  oath; and
               (2)  the production for inspection and copying of
  records, documents, and other evidence relevant to the
  investigation of an alleged violation of this chapter.
         (b)  The commissioner [board], acting through the attorney
  general, may bring an action to enforce a subpoena issued under
  Subsection (a) against a person who fails to comply with the
  subpoena.
         (c)  Venue for an action brought under Subsection (b) is in a
  district court in:
               (1)  Travis County; or
               (2)  the county in which the alleged violation occurred
  [board may hold a hearing].
         SECTION 1.19.  Section 1951.205, Occupations Code, is
  amended to read as follows:
         Sec. 1951.205.  ENVIRONMENTAL RULES. (a) The department,
  with the advice of the committee, [board] shall adopt rules
  governing the methods and practices of structural pest control that
  the department [board] determines are necessary to protect the
  public's health and welfare and prevent adverse effects on human
  life and the environment.
         (b)  A rule relating to the use of economic poisons must
  comply with applicable standards of the federal government and the
  commissioner [of agriculture] governing the use of such substances.
         SECTION 1.20.  Section 1951.206, Occupations Code, is
  amended to read as follows:
         Sec. 1951.206.  RULES RESTRICTING ADVERTISING OR
  COMPETITIVE BIDDING. (a) Except as provided by Subsection (b), the
  department [board] may not adopt a rule restricting advertising or
  competitive bidding by a person regulated by the department under
  this chapter [board].
         (b)  The department [board] may adopt rules restricting
  advertising or competitive bidding to prohibit false, misleading,
  or deceptive practices by a person regulated by the department
  under this chapter [board]. A rule adopted under this subsection
  may not:
               (1)  restrict the use of any medium for advertising;
               (2)  restrict a person's personal appearance or use of a
  person's voice in an advertisement;
               (3)  relate to the size or duration of an advertisement
  by a person; or
               (4)  restrict a person's advertisement under a trade
  name.
         SECTION 1.21.  Section 1951.207, Occupations Code, is
  amended to read as follows:
         Sec. 1951.207.  INSPECTION OF LICENSE HOLDERS. (a) The
  department [board] by rule shall adopt a policy that:
               (1)  requires a business holding a structural pest
  control business license to be inspected by a field inspector at
  least once:
                     (A)  in the business's first year of operation;
  and
                     (B)  every four [two] years after the first year
  of operation;
               (2)  provides for additional inspections based on a
  schedule of risk-based inspections using the following criteria:
                     (A)  the type and nature of the business;
                     (B)  whether there has been a prior violation by
  the business;
                     (C)  the inspection history of the business;
                     (D)  any history of complaints involving the
  business; and
                     (E)  any other factor determined by the department
  by rule [initiating inspections more frequently than once every two
  years for a business or an applicator that has violated this chapter
  or a rule adopted under this chapter]; and
               (3)  provides that the department [executive director]
  may waive the inspection requirement on a case-by-case basis if an
  emergency arises or to accommodate complaint investigation
  schedules.
         (b)  The department [board] by rule shall adopt a policy and
  guidelines for conducting an investigation under this chapter,
  including:
               (1)  procedures for investigating a complaint
  concerning misuse of pesticides, including contamination by
  pesticides and human exposure to pesticides;
               (2)  the circumstances in which a case should be
  referred to the:
                     (A)  [Department of Agriculture;
                     [(B)  Texas] Department of State Health Services;
                     (B) [(C)]  Texas Commission on Environmental
  Quality [Natural Resource Conservation Commission]; or
                     (C) [(D)]  United States Environmental Protection
  Agency;
               (3)  recommendations to consumers and applicators
  regarding cleanup after a spill or misapplication; and
               (4)  procedures for residue sampling, including the
  circumstances in which to take a residue sample and the time in
  which the sample should be taken.
         SECTION 1.22.  Section 1951.208, Occupations Code, is
  amended to read as follows:
         Sec. 1951.208.  MISAPPLICATION OF PESTICIDES. (a) If an
  investigation shows that a misapplication of pesticides has
  occurred on the premises of a consumer, the department [board]
  shall immediately notify the consumer and the applicator of the
  misapplication.
         (b)  On a finding of misapplication, the department [board]
  shall keep records of health injuries and property damages
  resulting from the misapplication reported to the department
  [board] by a:
               (1)  certified applicator;
               (2)  physician;
               (3)  person holding a structural pest control business
  license;
               (4)  technician;
               (5)  consumer; or
               (6)  state agency.
         SECTION 1.23.  Section 1951.209, Occupations Code, is
  amended to read as follows:
         Sec. 1951.209.  AVAILABILITY OF CERTAIN INFORMATION. The
  department [board] may make available to the [Texas] Department of
  State Health Services under the occupational condition reporting
  program established under Chapter 84, Health and Safety Code, any
  information the department [board] receives concerning an exposure
  to a pesticide caused by a person licensed under this chapter that
  results in a medically verifiable illness. The department [board]
  and the executive commissioner of the Health and Human Services
  Commission [Texas Board of Health] shall adopt joint rules for
  making that information available to the [Texas] Department of
  State Health Services. The rules must require the department
  [board] to make that information available to an institution of
  higher education that conducts research in urban entomology,
  epidemiology, or other areas related to structural pest control.
         SECTION 1.24.  Section 1951.210, Occupations Code, is
  amended to read as follows:
         Sec. 1951.210.  PRETREATMENT INSPECTION SERVICE; FEES;
  LIABILITY. (a) The department [board] may provide a pretreatment
  inspection service to consumers. A pretreatment inspection is
  limited to a determination of whether there is an infestation of
  pests on the premises inspected.
         (b)  On the request of a consumer, the department [board] may
  make available an inspector employed by the department [board] to
  inspect the premises of the consumer if the consumer has obtained,
  from at least two pest control companies:
               (1)  a determination that there is an infestation of
  pests on the premises; and
               (2)  an estimate of the cost of the treatment.
         (c)  The department [board] shall charge a fee for a
  pretreatment inspection in an amount sufficient to pay the cost of
  providing the service.
         (d)  The department [board] is not liable for any damages
  that may arise as a result of an inspection made under this section
  that is subsequently found to be incorrect.
         SECTION 1.25.  Section 1951.211, Occupations Code, is
  amended to read as follows:
         Sec. 1951.211.  CONSULTATION WITH INTEGRATED PEST
  MANAGEMENT TECHNIQUES EXPERT. The department [board] may contract
  with [the Department of Agriculture or] an institution of higher
  education for the services of an expert in integrated pest
  management to consult with the department [board], department [the
  board's] staff, license holders, and the public regarding
  integrated pest management techniques.
         SECTION 1.26.  Section 1951.212, Occupations Code, is
  amended to read as follows:
         Sec. 1951.212.  INTEGRATED PEST MANAGEMENT PROGRAMS FOR
  SCHOOL DISTRICTS. (a) The department [board] shall establish
  standards for an integrated pest management program for the use of
  pesticides, herbicides, and other chemical agents to control pests,
  rodents, insects, and weeds at the school buildings and other
  facilities of school districts.
         (b)  The department [board] shall use an existing advisory
  committee or create a new advisory committee to assist the
  department [board] in developing the standards for the integrated
  pest management program. In developing the standards, the advisory
  committee shall consult with a person knowledgeable in the area of
  integrated pest management in schools.
         (c)  The department [board] shall include in standards
  adopted under this section[:
               [(1)]  a requirement to use the least toxic methods
  available to control pests, rodents, insects, and weeds[; and
               [(2)     a list of products that a school district is
  allowed to use in its applications].
         (d)  The department by rule shall establish categories of
  pesticides that a school district is allowed to apply. For each
  category, the department shall specify:
               (1)  the minimum distance a school district must
  maintain between an area where pesticides are being applied and an
  area where students are present at the time of application;
               (2)  the minimum amount of time a school district is
  required to wait before allowing students to enter an indoor or
  outdoor area in a school building or on school grounds for normal
  academic instruction or organized extracurricular activities after
  pesticides have been applied;
               (3)  the requirements for posting notice of the indoor
  and outdoor use of pesticides;
               (4)  the requirements for obtaining approval before
  applying the pesticide;  and
               (5)  the requirements for maintaining records of the
  application of pesticides [board shall require that a pesticide may
  be applied to a school building or on school grounds only when
  students are not expected to be present for normal academic
  instruction or organized extracurricular activities for at least 12
  hours after the application].
         (e)  Each [A] school district shall:
               (1)  adopt an integrated pest management program that
  incorporates the standards established by the department [board]
  under this section;
               (2)  designate an integrated pest management
  coordinator for the district; and
               (3)  report to the department not later than the 90th
  day after the date the district designates or replaces an
  integrated pest management coordinator the name, address,
  telephone number, and e-mail address of the district's current
  coordinator.
         (f)  Each person who is designated as the integrated pest
  management coordinator for a school district shall successfully
  complete six hours of continuing education in integrated pest
  management every three years.
         (g)  The department shall inspect each school district at
  least once every five years for compliance with this section and may
  conduct additional inspections based on a schedule of risk-based
  inspections using the following criteria:
               (1)  whether there has been a prior violation by the
  school district;
               (2)  the inspection history of the school district;
               (3)  any history of complaints involving the school
  district; and
               (4)  any other factor determined by the department by
  rule.
         SECTION 1.27.  Section 1951.251, Occupations Code, is
  amended to read as follows:
         Sec. 1951.251.  PUBLIC INTEREST INFORMATION. (a)  The
  department, with the advice of the committee, [board] shall prepare
  information of public interest describing the functions of the
  department under this chapter [board] and the procedures by which
  complaints are filed with and resolved by the department under this
  chapter [board].
         (b)  The department [board] shall make the information
  available to the public and appropriate state agencies.
         SECTION 1.28.  Section 1951.252, Occupations Code, is
  amended to read as follows:
         Sec. 1951.252.  COMPLAINTS. (a) The department [board] by
  rule shall establish methods by which consumers and service
  recipients are notified of the name, mailing address, and telephone
  number of the department [board] for the purpose of directing
  complaints to the department under this chapter [board]. The
  department [board] may provide for that notice:
               (1)  on each license form, application, or written
  contract for services of a person regulated under this chapter;
               (2)  on a sign prominently displayed in the place of
  business of each person regulated under this chapter; or
               (3)  in a bill for services provided by a person
  regulated under this chapter.
         (b)  The department [board] shall keep an information file
  about each complaint filed with the department under this chapter
  [board] that the department [board] has authority to resolve.
         (c)  If a written complaint is filed with the department
  under this chapter [board] that the department [board] has
  authority to resolve, the department [board], at least quarterly
  and until final disposition of the complaint, shall notify the
  parties to the complaint of the status of the complaint unless the
  notice would jeopardize an undercover investigation.
         (d)  The department shall provide to a license holder against
  whom a complaint has been filed under this chapter:
               (1)  the allegations made against the license holder in
  the complaint; and
               (2)  on the license holder's request, any information
  obtained by the department in its investigation of the complaint.
         (e)  The department shall provide the information required
  under Subsection (d) in a timely manner to allow the license holder
  time to respond to the complaint.
         (f)  The commissioner may allow an authorized employee of the
  department to dismiss a complaint if an investigation demonstrates
  that:
               (1)  a violation did not occur; or
               (2)  the subject of the complaint is outside the
  department's jurisdiction under this chapter.
         (g)  An employee who dismisses a complaint under Subsection
  (f) shall report the dismissal to the commissioner.  The report must
  include a sufficient explanation of the reason the complaint was
  dismissed.
         SECTION 1.29.  Section 1951.253, Occupations Code, is
  amended to read as follows:
         Sec. 1951.253.  PUBLIC PARTICIPATION. (a) The department
  [board] shall develop and implement policies that provide the
  public with a reasonable opportunity to appear before the committee
  [board] and to speak on any issue for which the committee has a duty
  under this chapter to advise the department [under the board's
  jurisdiction].
         (b)  The department [board] shall prepare and maintain a
  written plan that describes how a person who does not speak English
  or who has a physical, mental, or developmental disability can be
  provided reasonable access to the department's [board's] programs
  under this chapter.
         SECTION 1.30.  Section 1951.254, Occupations Code, is
  amended to read as follows:
         Sec. 1951.254.  PUBLIC INFORMATION PROGRAM. (a) The
  department [board] shall establish a public information program as
  provided by this section and Sections 1951.453-1951.456 to inform
  the public about the practice and regulation of structural pest
  control.
         (b)  The department [board] may create a public information
  program advisory committee to assist in the development of a public
  information program.
         (c)  The department [board] shall make available to the
  public and other appropriate state agencies the information
  compiled as part of the program.
         (d)  The public information program must:
               (1)  include the adoption and distribution, in a manner
  that the department [board] considers appropriate, of a standard
  [complaint] form for complaints under this chapter; [and]
               (2)  inform prospective applicants for licensing under
  this chapter about the qualifications and requirements for
  licensing;
               (3)  inform applicants, license holders, and the public
  on the department's Internet website, in department brochures, and
  on any other available information resource about the department's
  enforcement process under this chapter, including each step in the
  complaint investigation and resolution process, from initial
  filing thorough final appeal; and
               (4)  inform license holders that a license holder may
  obtain information about a complaint made against the license
  holder and may obtain on request a copy of the complaint file.
         (e)  The department [board] shall develop a clear, factual,
  and balanced information sheet of one or more pages containing
  information on:
               (1)  the pest control industry;
               (2)  chemicals used in structural pest control;
               (3)  general health and safety issues relating to
  structural pest control;
               (4)  precautions to take before, during, and after
  application;
               (5)  steps to take if a misapplication, including an
  underapplication or an overapplication, is suspected; and
               (6)  any other matters determined by the department
  [board].
         (f)  The information sheet must include:
               (1)  the names and telephone numbers of the department
  [board, the Department of Agriculture,] and the [Texas] Department
  of State Health Services;
               (2)  the telephone number of any pesticide hotline
  established by a state or federal agency or by a state university;
               (3)  a statement of a consumer's rights under Chapter
  39, Business & Commerce Code, to cancel a home solicitation
  transaction; and
               (4)  information concerning the availability of any
  pretreatment inspection service that may be provided by the
  department [board] under Section 1951.210.
         (g)  The department [board] shall develop a sign to be posted
  in the area of an indoor treatment that contains:
               (1)  the date of the planned treatment; and
               (2)  any other information required by the department
  [board].
         (h)  The department shall make available a consumer and
  industry telephone hotline to provide direct access to the
  Structural Pest Control Service to ensure timely and efficient
  assistance with industry and consumer needs.
         SECTION 1.31.  Subchapter F, Chapter 1951, Occupations Code,
  is amended by adding Section 1951.255 to read as follows:
         Sec. 1951.255.  ENFORCEMENT INFORMATION.  (a)  The
  department shall make available to the public information about
  each final enforcement action taken by the department against a
  person under this chapter. The department shall provide this
  information on its Internet website and in other appropriate
  publications.
         (b)  The department may determine the format in which it will
  provide the information required under this section.
         SECTION 1.32.  Section 1951.301(b), Occupations Code, is
  amended to read as follows:
         (b)  A person may not engage in the business of structural
  pest control unless the person:
               (1)  meets the standards set by the department under
  this chapter [board]; and
               (2)  holds a structural pest control business license
  issued under this chapter.
         SECTION 1.33.  Section 1951.302, Occupations Code, is
  amended to read as follows:
         Sec. 1951.302.  CERTIFIED COMMERCIAL APPLICATOR'S LICENSE.  
  The department [board] must determine that an individual is
  competent to use or supervise the use of a restricted-use pesticide
  or state-limited-use pesticide covered by the individual's
  certified commercial applicator's license.
         SECTION 1.34.  Section 1951.303(a), Occupations Code, is
  amended to read as follows:
         (a)  In this section, "incidental use situation" means a
  pesticide application, including treating wasps in an area adjacent
  to a utility meter, treating fire ants in a transformer box, or the
  treating of ants by a janitor or clerical employee in a break area,
  that:
               (1)  is on an occasional, isolated, site-specific
  basis;
               (2)  is incidental to the performance of a primary duty
  that is not pest control by an employee; and
               (3)  involves the use of general use pesticides after
  instruction, as provided by rules adopted by the department
  [board].
         SECTION 1.35.  Section 1951.304, Occupations Code, is
  amended to read as follows:
         Sec. 1951.304.  TECHNICIAN LICENSE.  The department [board]
  may designate different classes or categories for technicians.
         SECTION 1.36.  Section 1951.305, Occupations Code, is
  amended to read as follows:
         Sec. 1951.305.  APPLICATION.  (a)  A person must apply for a
  license under this chapter on a form prescribed and provided by the
  department [board].
         (b)  Each applicant must provide the information the
  department [board] requires to determine the applicant's
  qualifications.
         SECTION 1.37.  Section 1951.306, Occupations Code, is
  amended to read as follows:
         Sec. 1951.306.  WAIVER FOR APPLICANT LICENSED IN ANOTHER
  STATE.  (a)  The department [board] may waive any license
  requirement under this chapter for an applicant who holds a license
  issued by another state that has license requirements substantially
  equivalent to those of this state.
         (b)  The department [board] may issue an endorsement of
  license to a person who:
               (1)  establishes residence in this state; and
               (2)  has been determined by the department [board] to
  meet the qualifications of a certified applicator by taking the
  appropriate examination in another state.
         SECTION 1.38.  Section 1951.307, Occupations Code, is
  amended to read as follows:
         Sec. 1951.307.  LICENSE RENEWAL.  A person may renew a
  license by submitting an application to the department [board] and
  paying the required renewal fees.
         SECTION 1.39.  Section 1951.308(a), Occupations Code, is
  amended to read as follows:
         (a)  The department [board] by rule may adopt a system under
  which licenses expire on various dates during the year.
         SECTION 1.40.  Section 1951.309, Occupations Code, is
  amended to read as follows:
         Sec. 1951.309.  FEE FOR INITIAL OR RENEWAL LICENSE.  (a)  An
  applicant for an initial or renewal structural pest control
  business license or for an initial or renewal endorsement of
  license under Section 1951.306 must submit with the person's
  application a fee in an amount established by department rule for:
               (1)  a [fee of not more than $180, as determined by the
  board, for each] license or endorsement; and
               (2)  [a fee of not more than $84, as determined by the
  board, for] a license for each technician the applicant employs.
         (b)  An applicant for an initial or renewal certified
  applicator's license must deliver with the person's application a
  fee in an amount established by department rule for:
               (1)  a [fee of not more than $112.50, as determined by
  the board, for each] license; and
               (2)  [a fee of not more than $84, as determined by the
  board, for] a license for each technician the applicant employs.
         SECTION 1.41.  Section 1951.310, Occupations Code, is
  amended to read as follows:
         Sec. 1951.310.  LATE RENEWAL OF LICENSE.  (a)  The department
  [board] may retroactively renew a license issued under this
  chapter.
         (b)  If the person files a renewal application with the
  department [board] not later than the 30th day after the date the
  person's license expires, the person must pay a [late] renewal fee
  that is equal to 1-1/2 times the normally required renewal fee [of
  $37.50].
         (c)  If the person files a renewal application with the
  department [board] later than the 30th day but not later than the
  60th day after the date the person's license expires, the person
  must pay a [late] renewal fee that is equal to two times the
  normally required renewal fee [of $75].
         (d)  A person who applies for a renewal license after the
  60th day after the date the person's license expires must be
  reexamined by the department [board] to obtain a license.
         SECTION 1.42.  Section 1951.311, Occupations Code, is
  amended to read as follows:
         Sec. 1951.311.  REPLACEMENT LICENSE; FEE.  The department
  [board] shall issue to a license holder whose license has been lost
  or destroyed or whose name has been changed a replacement license if
  the license holder submits to the department [board]:
               (1)  an appropriate application; and
               (2)  a fee in an amount established by department rule
  [of not more than $30, as determined by the board].
         SECTION 1.43.  Sections 1951.312(a) through (d),
  Occupations Code, are amended to read as follows:
         (a)  The department [board] may not issue or renew a
  structural pest control business license until the license
  applicant:
               (1)  files with the department [board] a policy or
  contract of insurance, approved as sufficient by the department
  [board], in an amount not less than $200,000 for bodily injury and
  property damage coverage, with a minimum total aggregate of
  $300,000 for all occurrences, insuring the applicant against
  liability for damage to persons or property occurring as a result of
  operations performed in the course of the business of structural
  pest control on premises or any other property under the
  applicant's care, custody, or control;
               (2)  in the case of an applicant who has an unexpired
  and uncanceled insurance policy or contract on file with the
  department [board], files with the department [board] a certificate
  or other evidence from an insurance company stating that:
                     (A)  the policy or contract insures the applicant
  against liability for acts and damage as described in Subdivision
  (1); and
                     (B)  the amount of insurance coverage is in the
  amount approved by the department [board];
               (3)  files with the department [board] a bond,
  certificate of deposit, or other proof acceptable to the department
  [board] of sufficient funds in an amount not less than $300,000 for
  payment of claims of damage to persons or property occurring as a
  result of operations performed negligently in the course of the
  business of structural pest control on premises or any other
  property under the applicant's care, custody, or control; or
               (4)  files with the department [board] evidence
  satisfactory to the department [board] of coverage under a general
  liability insurance policy, in an amount not less than $200,000 for
  bodily injury and property damage coverage, with a minimum total
  aggregate of $300,000 for all occurrences, if the applicant
  operates solely as a wood treater who treats wood on commercial
  property owned by the applicant.
         (b)  A structural pest control business license holder shall
  at all times maintain the insurance policy or contract or the
  security described by Subsection (a)(3) in the amount approved by
  the department [board]. Failure to renew the policy or contract or
  maintain it or the security in the required amount is a ground for
  suspension or revocation of the license and a violation of this
  section.
         (c)  The department [board] by rule may require different
  amounts of insurance coverage for different classifications of
  operations under this chapter.
         (d)  The department [board] may adopt insurance requirements
  for certified noncommercial applicators or technicians.
         SECTION 1.44.  Section 1951.313, Occupations Code, is
  amended to read as follows:
         Sec. 1951.313.  MEMORANDUM OF AGREEMENT. The department
  [board] may enter into a memorandum of agreement with a political
  subdivision other than an institution of public or private
  education concerning licensing requirements.
         SECTION 1.45.  Section 1951.314, Occupations Code, is
  amended to read as follows:
         Sec. 1951.314.  LICENSE NOT TRANSFERABLE. A license issued
  by the department under this chapter [board] is not transferable.
         SECTION 1.46.  Subchapter G, Chapter 1951, Occupations Code,
  is amended by adding Section 1951.315 to read as follows:
         Sec. 1951.315.  CONTINUING EDUCATION REQUIREMENTS. The
  department shall administer a mandatory continuing education
  program for all license holders. Each license holder must comply
  with the continuing education requirements established by
  department rule in order to retain or renew a license.
         SECTION 1.47.  Section 1951.351, Occupations Code, is
  amended to read as follows:
         Sec. 1951.351.  TECHNICIAN TRAINING PROGRAM. (a)  The
  department [board] shall:
               (1)  develop or approve a training program for licensed
  technicians and for applicants to become licensed technicians; and
               (2)  require that an applicant for a technician license
  complete the training program.
         (b)  The department [board] shall develop the educational
  and training materials for the training program with the Texas
  Agricultural Extension Service or any other institution of higher
  education. The department [board] shall publish and distribute, in
  conjunction with the Texas Agricultural Extension Service, the
  materials developed as a part of the training program.
         (c)  The training program must include instruction in:
               (1)  recognition of pests and pest damage;
               (2)  pesticide labels and label comprehension;
               (3)  pesticide safety;
               (4)  environmental protection;
               (5)  procedures for the immediate reporting of spills
  and misapplications;
               (6)  application equipment and techniques;
               (7)  pesticide formulations and actions;
               (8)  emergency procedures and pesticide cleanup;
               (9)  state and federal law relating to structural pest
  control;
               (10)  basic principles of mathematics, chemistry,
  toxicology, and entomology;
               (11)  nonchemical pest control techniques, including
  biological, mechanical, and prevention techniques; and
               (12)  any other topic the department [board] considers
  necessary.
         (d)  The department [board] may create a technician training
  program advisory committee to assist the department [board] in
  developing the training program required by this section.
         (e)  The department [board] may approve a training program
  that has not been developed by the department [board] if the program
  meets the standards adopted by the department [board] for the
  program. Completion of a training program approved by the
  department [board] under this subsection satisfies Subsection
  (a)(2).
         SECTION 1.48.  Section 1951.352, Occupations Code, is
  amended to read as follows:
         Sec. 1951.352.  NEW DEVELOPMENTS; PROOF OF STUDY. If the
  department [board] determines that new developments in pest control
  have occurred that are so significant that proper knowledge of the
  developments is necessary to protect the public, the department
  [board] may require of each applicant proof of study by:
               (1)  attending approved training courses; or
               (2)  taking additional examinations on the new
  developments only.
         SECTION 1.49.  Section 1951.353, Occupations Code, is
  amended to read as follows:
         Sec. 1951.353.  FEES RELATED TO TRAINING PROGRAMS. (a)  The
  department [board] may charge a fee to a person to purchase or
  borrow materials developed for the technician training program
  under Section 1951.351. The department [board] shall set the fee in
  an amount that will recover the costs of the program.
         (b)  The department [board] may charge a fee in an amount
  established by rule [not to exceed $75] for each course considered
  for approval under Section 1951.352.
         SECTION 1.50.  Section 1951.401, Occupations Code, is
  amended to read as follows:
         Sec. 1951.401.  EXAMINATION FOR CERTIFIED APPLICATOR'S
  LICENSE. The department [board] may require a person to qualify for
  a certified applicator's license by passing an examination
  demonstrating the person's competence in the field of structural
  pest control.
         SECTION 1.51.  Section 1951.402, Occupations Code, is
  amended to read as follows:
         Sec. 1951.402.  EXAMINATION FOR TECHNICIAN LICENSE. The
  department [board] shall require an applicant for a technician
  license to pass an examination developed and administered by the
  department [board] or a person designated by the department
  [board].
         SECTION 1.52.  Section 1951.403, Occupations Code, is
  amended to read as follows:
         Sec. 1951.403.  EXAMINATION FEE. Each time a person applies
  to take an examination for a license, the person shall pay the
  department [board] an examination fee [of not more than $50], in an
  amount established [as determined] by [the] department rule
  [board], for each category of examination to be taken. Except as
  provided by department [board] rule, an examination fee is not
  refundable.
         SECTION 1.53.  Section 1951.404, Occupations Code, is
  amended to read as follows:
         Sec. 1951.404.  LIST OF STUDY MATERIALS AND SEMINARS. The
  department [board] shall make public a list of study materials and
  educational seminars that are available to help applicants
  successfully complete any examination administered under this
  chapter.
         SECTION 1.54.  Section 1951.405, Occupations Code, is
  amended to read as follows:
         Sec. 1951.405.  EXAMINATION RESULTS. (a)  Not later than the
  30th day after the date a licensing examination is administered
  under this chapter, the department [board] shall notify each
  examinee of the results of the examination. If an examination is
  graded or reviewed by a national testing service, the department
  [board] shall notify each examinee of the results of the
  examination not later than the 14th day after the date the
  department [board] receives the results from the testing service.
         (b)  If notice of the results of an examination graded or
  reviewed by a national testing service will be delayed for more than
  90 days after the examination date, the department [board] shall
  notify each examinee of the reason for the delay before the 90th
  day.
         (c)  If requested in writing by a person who fails a
  licensing examination administered under this chapter, the
  department [board] shall provide to the person an analysis of the
  person's performance on the examination.
         SECTION 1.55.  Subchapter I, Chapter 1951, Occupations Code,
  is amended by adding Section 1951.406 to read as follows:
         Sec. 1951.406.  EXAMINATION POLICY.  (a)  The department
  shall develop a written policy governing licensing examinations
  under this subchapter that prescribes:
               (1)  procedures to improve the design and construction
  of examinations;
               (2)  procedures for administering the examinations;
  and
               (3)  the process for evaluating examinations in use.
         (b)  The policy must include:
               (1)  a procedure for seeking assistance in the
  development of examinations from experts in:
                     (A)  structural pest control;
                     (B)  structural pest control education; and
                     (C)  examination creation and validation;
               (2)  a schedule that provides for examination revision
  and maintenance, including the regular update of examinations;
               (3)  a procedure to routinely analyze and validate
  examinations;
               (4)  a procedure for the development of a bank of
  questions for each examination;
               (5)  guidelines for developing examinations from the
  bank of questions;
               (6)  the number and type of questions for each
  examination; and
               (7)  a requirement that the person responsible for
  examination development make periodic reports on examination
  issues to the commissioner.
         SECTION 1.56.  Section 1951.451, Occupations Code, is
  amended to read as follows:
         Sec. 1951.451.  CONTRACT FOR PEST CONTROL SERVICES. A
  written contract under which a license holder under this chapter
  agrees to perform structural pest control services in this state
  must include:
               (1)  the department's [board's] mailing address and
  telephone number; and
               (2)  a statement that the department [board] has
  jurisdiction over individuals licensed under this chapter.
         SECTION 1.57.  Section 1951.452, Occupations Code, is
  amended to read as follows:
         Sec. 1951.452.  RECORDS OF LICENSE HOLDER. (a)  The
  department [board] may require each license holder to make records,
  as prescribed by the department [board], of the license holder's
  use of pesticides.
         (b)  Subject to Subsection (c), a record required under
  Subsection (a) shall be:
               (1)  maintained for at least two years on the license
  holder's business premises; and
               (2)  made available for inspection by the department
  [board] and its authorized agents during normal business hours.
         (c)  A certified noncommercial applicator shall maintain
  required records on the premises of the person's employer for at
  least two years. The records shall be made available for inspection
  by the department [board] and its authorized agents during the
  employer's normal operating hours.
         SECTION 1.58.  Sections 1951.456(a), (b), and (d),
  Occupations Code, are amended to read as follows:
         (a)  The department [board] shall develop a policy to
  implement and enforce Sections 1951.453-1951.455.
         (b)  Under rules adopted by the department [board], a
  requirement under Sections 1951.453-1951.455 that notice of a
  treatment be given at least 48 hours before the treatment may be
  waived for emergency treatments.
         (d)  For the purposes of Sections 1951.453-1951.455, a
  treatment is an indoor treatment even though the treatment may
  include an outside perimeter treatment of the building if the
  primary purpose of the treatment is to treat the inside of the
  building. The department [board] shall by rule define a perimeter
  treatment and shall adopt the definitions provided in federal law.
         SECTION 1.59.  Section 1951.457(c), Occupations Code, is
  amended to read as follows:
         (c)  The department [board] may adopt rules to require the
  distribution of a pest control information sheet for an outdoor
  treatment other than an outdoor treatment described by this section
  if the department [board] determines that the distribution or
  posting, or both, would protect the public's health, safety, and
  welfare.
         SECTION 1.60.  Section 1951.501, Occupations Code, is
  amended to read as follows:
         Sec. 1951.501.  DISCIPLINARY POWERS OF COMMISSIONER
  RELATING TO STRUCTURAL PEST CONTROL [BOARD]. (a)  In this section,
  "parent company" means an individual or a partnership, corporation,
  or other business entity holding one or more structural pest
  control business licenses.
         (b)  On a determination that an applicant or structural pest
  control business license holder under a parent company has
  substantially failed to comply with the standards and rules
  established by the department under this chapter [board], after
  notice and a hearing, the commissioner [board] may refuse to:
               (1)  examine the applicant;
               (2)  issue a license to the applicant; or
               (3)  issue a business license to the parent company.
         (c)  On a determination that a person has violated this
  chapter or a [board] rule adopted by the department under this
  chapter, the commissioner [board] may:
               (1)  revoke the person's license;
               (2)  suspend the person's license;
               (3)  place on probation a person whose license has been
  suspended; or
               (4)  reprimand a license holder.
         (d)  The commissioner [board] may require a person whose
  license suspension is probated to:
               (1)  report regularly to the department [board] on
  matters that are the basis of the probation;
               (2)  limit practice to the areas prescribed by the
  department [board]; or
               (3)  continue or renew professional education until the
  license holder attains a degree of skill satisfactory to the
  department [board] in those areas that are the basis of the
  probation.
         SECTION 1.61.  Section 1951.502, Occupations Code, is
  amended to read as follows:
         Sec. 1951.502.  RIGHT TO HEARING. (a)  If the commissioner
  [board] proposes to suspend or revoke a person's license, the
  person is entitled to a hearing before the commissioner [board] or a
  hearings officer appointed by the commissioner [board].
         (b)  The commissioner [board] shall establish procedures by
  which a decision to suspend or revoke a license is made by or is
  appealable to the commissioner [board].
         SECTION 1.62.  Sections 1951.503(a) and (b), Occupations
  Code, are amended to read as follows:
         (a)  An applicant or license holder may appeal from an order
  or other action of the commissioner under this chapter [board] by
  bringing an action in a district court of Travis County.
         (b)  Notice of appeal must be filed not later than the 30th
  day after the date the commissioner [board] issues the order.
         SECTION 1.63.  Sections 1951.504(a), (b), (c), and (e),
  Occupations Code, are amended to read as follows:
         (a)  A settlement of a contested case under Chapter 2001,
  Government Code, must be approved by the commissioner [board].
         (b)  The department [board] by rule shall establish
  guidelines for the settlement of a contested case under Chapter
  2001, Government Code.
         (c)  The commissioner [board] may authorize the department
  [its representatives] to conduct informal settlement negotiations
  between the department [board] and a license holder to resolve a
  complaint, other than a complaint involving a misapplication, by a
  consumer against the license holder.
         (e)  The department [board] by rule shall establish
  guidelines for the informal settlement of consumer complaints as
  provided by Subsections (c) and (d).
         SECTION 1.64.  Sections 1951.505(b) and (c), Occupations
  Code, are amended to read as follows:
         (b)  A person whose license is revoked may not apply for a new
  license until the first anniversary of the effective date of the
  revocation. A new license may not be issued without the approval of
  the department [board].
         (c)  If the commissioner [board] revokes the license of a
  certified applicator in one category, the commissioner [board] may
  place the applicator on probation for any other category in which
  the applicator is licensed.
         SECTION 1.65.  Subchapter K, Chapter 1951, Occupations Code,
  is amended by adding Section 1951.506 to read as follows:
         Sec. 1951.506.  EMERGENCY SUSPENSION.  (a)  The commissioner
  shall temporarily suspend the license of a person licensed under
  this chapter if the commissioner determines from the evidence or
  information presented to the commissioner that continued practice
  by the person would constitute a continuing and imminent threat to
  the public welfare or environment.
         (b)  A license may be suspended under this section without
  notice or hearing on the complaint if:
               (1)  action is taken to initiate proceedings for a
  hearing before the State Office of Administrative Hearings
  simultaneously with the temporary suspension; and
               (2)  a hearing is held as soon as practicable under this
  chapter and Chapter 2001, Government Code.
         (c)  The State Office of Administrative Hearings shall hold a
  preliminary hearing not later than the 14th day after the date of
  the temporary suspension to determine if there is probable cause to
  believe that a continuing and imminent threat to the public welfare
  or environment still exists. A final hearing on the matter shall be
  held not later than the 61st day after the date of the temporary
  suspension.
         SECTION 1.66.  Section 1951.551, Occupations Code, is
  amended to read as follows:
         Sec. 1951.551.  IMPOSITION OF ADMINISTRATIVE PENALTY. The
  commissioner [board] may impose an administrative penalty on a
  person who violates this chapter, [or] a rule adopted or order
  issued under this chapter, or a cease and desist order issued under
  Section 1951.604 [by the board].
         SECTION 1.67.  Section 1951.552(b), Occupations Code, is
  amended to read as follows:
         (b)  In determining the amount of the penalty, the
  commissioner [board] shall consider:
               (1)  the seriousness of the violation, including:
                     (A)  the nature, circumstances, extent, and
  gravity of any prohibited act; and
                     (B)  the hazard or potential hazard created to the
  health or safety of the public;
               (2)  the economic damage to property or the environment
  caused by the violation;
               (3)  the history of previous violations;
               (4)  the amount necessary to deter future violations;
               (5)  efforts to correct the violation; and
               (6)  any other matter that justice may require.
         SECTION 1.68.  Section 1951.553, Occupations Code, is
  amended to read as follows:
         Sec. 1951.553.  REPORT AND NOTICE OF VIOLATION AND PENALTY.
  (a)  If, after investigation of a possible violation and the facts
  surrounding that possible violation, the commissioner [executive
  director] determines that a violation has occurred, the
  commissioner [executive director] may issue a violation report:
               (1)  stating the facts on which the conclusion that a
  violation occurred is based;
               (2)  recommending that an administrative penalty under
  this subchapter be imposed on the person charged; and
               (3)  recommending the amount of the proposed penalty.
         (b)  The commissioner [executive director] must base the
  recommended amount of the proposed penalty on the seriousness of
  the violation determined after considering the factors set forth in
  Section 1951.552(b).
         (c)  Not later than the 14th day after the date on which the
  report is issued, the commissioner [executive director] shall give
  written notice of the report to the person charged. The notice must
  include:
               (1)  a brief summary of the charges;
               (2)  a statement of the amount of the penalty
  recommended; and
               (3)  a statement of the right of the person charged to a
  hearing on the occurrence of the violation, the amount of the
  penalty, or both.
         SECTION 1.69.  Section 1951.554, Occupations Code, is
  amended to read as follows:
         Sec. 1951.554.  PENALTY TO BE PAID OR HEARING REQUESTED. (a)  
  Not later than the 20th day after the date the person receives the
  notice, the person may:
               (1)  accept the commissioner's [executive director's]
  determination, including the recommended administrative penalty;
  or
               (2)  make a written request for a hearing on the
  determination.
         (b)  If the person charged accepts the commissioner's
  [executive director's] determination, the commissioner [board]
  shall issue an order approving the determination and ordering the
  payment of the recommended penalty.
         SECTION 1.70.  Section 1951.555, Occupations Code, is
  amended to read as follows:
         Sec. 1951.555.  HEARING; DECISION BY COMMISSIONER [BOARD].
  (a) If the person requests a hearing or fails to respond in a timely
  manner to the notice, the commissioner [board] shall set a hearing
  and give notice of the hearing.
         (b)  The hearing shall be held by a hearings examiner
  designated by the commissioner [board]. The hearings examiner
  shall make findings of fact and conclusions of law and promptly
  issue to the commissioner [board] a proposal for a decision as to
  the occurrence of the violation, including a recommendation as to
  the amount of any proposed administrative penalty.
         (c)  Based on the findings of fact, conclusions of law, and
  recommendations of the hearings examiner, the commissioner [board]
  by order may:
               (1)  determine that a violation occurred and impose a
  penalty; or
               (2)  determine that a violation did not occur.
         (d)  A proceeding under this section is subject to Chapter
  2001, Government Code.
         SECTION 1.71.  Section 1951.556, Occupations Code, is
  amended to read as follows:
         Sec. 1951.556.  NOTICE OF ORDER. The commissioner [board]
  shall give notice of the order to the person. The notice must
  include:
               (1)  the findings of fact and conclusions of law,
  separately stated;
               (2)  the amount of any administrative penalty imposed;
               (3)  a statement of the person's right to judicial
  review of the commissioner's [board's] order; and
               (4)  any other information required by law.
         SECTION 1.72.  Section 1951.557, Occupations Code, is
  amended to read as follows:
         Sec. 1951.557.  OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
  (a) Not later than the 30th day after the date the commissioner's
  [board's] order becomes final, the person shall:
               (1)  pay the administrative penalty; or
               (2)  file a petition for judicial review contesting the
  fact of the violation, the amount of the penalty, or both.
         (b)  Within the period prescribed by Subsection (a), a person
  who acts under Subsection (a)(2) may stay enforcement of the
  penalty by:
               (1)  paying the penalty to the department [board] for
  placement in an escrow account;
               (2)  giving the department [board] a supersedeas bond
  in a form approved by the department [board] that:
                     (A)  is for the amount of the penalty; and
                     (B)  is effective until judicial review of the
  commissioner's [board's] order is final; or
               (3)  filing with the department [board] an affidavit
  stating that the person is financially unable to either pay the
  penalty or give the bond.
         (c)  A person who fails to take action as provided by this
  section waives the right to judicial review of the commissioner's
  [board's] order.
         SECTION 1.73.  Section 1951.558, Occupations Code, is
  amended to read as follows:
         Sec. 1951.558.  COLLECTION OF PENALTY. If the person does
  not pay the administrative penalty and the enforcement of the
  penalty is not stayed, the department [board] may refer the matter
  to the attorney general for collection of the penalty.
         SECTION 1.74.  Section 1951.559(a), Occupations Code, is
  amended to read as follows:
         (a)  If, after judicial review, the administrative penalty
  is reduced or is not upheld by the court, the department [board]
  shall:
               (1)  remit the appropriate amount, plus accrued
  interest, to the person against whom the penalty is imposed, if the
  person paid the penalty; or
               (2)  execute a release of the bond, if the person gave a
  supersedeas bond.
         SECTION 1.75.  Section 1951.601, Occupations Code, is
  amended to read as follows:
         Sec. 1951.601.  ENFORCEMENT ACTION FOR MISAPPLICATION OF
  PESTICIDES. If the commissioner [board] finds that an applicator
  has misapplied pesticides, the commissioner [board] shall
  institute an enforcement action against the applicator. The
  department [board] by rule shall adopt a policy to implement this
  section.
         SECTION 1.76.  Section 1951.602, Occupations Code, is
  amended to read as follows:
         Sec. 1951.602.  CIVIL PENALTY; INJUNCTION. (a) A person who
  violates this chapter or a rule, license, or order of the
  commissioner [board] is subject to a civil penalty of not less than
  $50 or more than $2,000 for each act of violation and for each day of
  violation.
         (b)  If it appears that a person has violated or is
  threatening to violate this chapter or a rule, license, or order of
  the commissioner [board], the commissioner [board, or the executive
  director if authorized by the board,] may have a civil action
  instituted in a district court for:
               (1)  injunctive relief to restrain the person from
  continuing the violation or threat of violation;
               (2)  the assessment and recovery of a civil penalty
  under Subsection (a); or
               (3)  both injunctive relief and the civil penalty.
         (c)  On application for injunctive relief and a finding that
  a person is violating or threatening to violate this chapter or a
  rule, license, or order of the commissioner [board], the district
  court shall grant injunctive relief as the facts warrant.
         (d)  At the request of the commissioner [board, or the
  executive director if authorized by the board], the attorney
  general shall institute and conduct an action in the name of the
  state for the injunctive relief, to recover the civil penalty, or
  both.
         SECTION 1.77.  Subchapter M, Chapter 1951, Occupations Code,
  is amended by adding Section 1951.604 to read as follows:
         Sec. 1951.604.  CEASE AND DESIST ORDER.  If it appears to the
  commissioner that a person who is not licensed under this chapter is
  violating this chapter, a rule adopted under this chapter, or
  another state statute or rule relating to the practice of
  structural pest control, the commissioner after notice and
  opportunity for a hearing may issue a cease and desist order
  prohibiting the person from engaging in the activity.
         SECTION 1.78.  Subchapter M, Chapter 1951, Occupations Code,
  is amended by adding Section 1951.605 to read as follows:
         Sec. 1951.605.  STOP USE ORDER.  (a)  If the department has
  reason to believe that a person licensed under this chapter is using
  or is in possession of a pesticide that is in violation of Chapter
  76, Agriculture Code, the department may issue and enforce a
  written or printed order to stop the use of the pesticide.  The
  department shall present the order to the owner or custodian of the
  pesticide. The person who receives the order may not use the
  pesticide until the department determines that the pesticide:
               (1)  is in compliance with this chapter; or
               (2)  does not present a hazard to the public health,
  safety, or welfare.
         (b)  This section does not limit the right of the department
  or commissioner to proceed as authorized by another section of this
  chapter, including in the assessment of an administrative penalty
  under this chapter.
         (c)  A person may appeal an order issued under this section
  in the manner provided by Subchapters K and L.
         SECTION 1.79.  The following provisions of the Occupations
  Code are repealed:
               (1)  Section 1951.002(2);
               (2)  Section 1951.007;
               (3)  Sections 1951.106(b) and (c);
               (4)  Section 1951.107; and
               (5)  Subchapter D, Chapter 1951.
  ARTICLE 2. CONFORMING AMENDMENTS
         SECTION 2.01.  Section 88.215(b), Education Code, is amended
  to read as follows:
         (b)  The advisory committee consists of 11 [12] members
  appointed as follows:
               (1)  one representative of Texas A & M University
  appointed by the director of the Texas Agricultural Experiment
  Station;
               (2)  one representative of Texas Tech University
  appointed by the dean of the College of Agriculture of Texas Tech
  University;
               (3)  one representative of The University of Texas
  appointed by the vice president for research of The University of
  Texas System;
               (4)  one representative of the Department of
  Agriculture appointed by the commissioner of agriculture;
               (5)  one representative of the Parks and Wildlife
  Department appointed by the director of the department;
               (6)  one representative of the Public Utility
  Commission of Texas appointed by the executive director of the
  commission;
               (7)  one representative of municipal governments
  appointed by the governor;
               (8)  one representative of the general public appointed
  by the governor;
               (9)  one representative of the agribusiness industry
  appointed by the governor;
               (10)  [one representative of the Texas Structural Pest
  Control Board appointed by the executive director of the board;
               [(11)]  one representative of the chemical industry
  appointed by the Texas Chemical Council; and
               (11) [(12)]  one representative of the oil and gas
  industry appointed by the Texas Mid-Continent Oil and Gas
  Association.
         SECTION 2.02.  Section 232.002, Family Code, is amended to
  read as follows:
         Sec. 232.002.  LICENSING AUTHORITIES SUBJECT TO
  CHAPTER.  The following are licensing authorities subject to this
  chapter:
               (1)  Department of Agriculture;
               (2)  Texas Alcoholic Beverage Commission;
               (3)  Texas Appraiser Licensing and Certification
  Board;
               (4)  Texas Board of Architectural Examiners;
               (5)  Texas Board of Chiropractic Examiners;
               (6)  Comptroller of Public Accounts;
               (7)  Court Reporters Certification Board;
               (8)  State Board of Dental Examiners;
               (9)  Texas State Board of Examiners of Dietitians;
               (10)  Texas Funeral Service Commission;
               (11)  Department of State Health Services;
               (12)  Department of Aging and Disability Services;
               (13)  Texas Board of Professional Land Surveying;
               (14)  Texas Department of Licensing and Regulation;
               (15)  Texas State Board of Examiners of Marriage and
  Family Therapists;
               (16)  Texas [State Board of] Medical Board [Examiners];
               (17)  Midwifery Board;
               (18)  Texas Commission on Environmental Quality;
               (19)  Board of Nurse Examiners;
               (20)  Texas Board of Occupational Therapy Examiners;
               (21)  Texas Optometry Board;
               (22)  Parks and Wildlife Department;
               (23)  Texas State Board of Examiners of Perfusionists;
               (24)  Texas State Board of Pharmacy;
               (25)  Texas Board of Physical Therapy Examiners;
               (26)  Texas State Board of Plumbing Examiners;
               (27)  Texas State Board of Podiatric Medical Examiners;
               (28)  Polygraph Examiners Board;
               (29)  Texas Private Security Board;
               (30)  Texas State Board of Examiners of Professional
  Counselors;
               (31)  Texas Board of Professional Engineers;
               (32)  Department of Family and Protective Services;
               (33)  Texas State Board of Examiners of Psychologists;
               (34)  Texas State Board of Public Accountancy;
               (35)  Department of Public Safety of the State of
  Texas;
               (36)  Public Utility Commission of Texas;
               (37)  Railroad Commission of Texas;
               (38)  Texas Real Estate Commission;
               (39)  State Bar of Texas;
               (40)  Texas State Board of Social Worker Examiners;
               (41)  State Board of Examiners for Speech-Language
  Pathology and Audiology;
               (42)  [Texas Structural Pest Control Board;
               [(43)]  Board of Tax Professional Examiners;
               (43) [(44)]  Secretary of State;
               (44) [(45)]  Supreme Court of Texas;
               (45) [(46)]  Texas Transportation Commission;
               (46) [(47)]  State Board of Veterinary Medical
  Examiners;
               (47) [(48)]  Texas Ethics Commission;
               (48) [(49)]  Advisory Board of Athletic Trainers;
               (49) [(50)]  State Committee of Examiners in the
  Fitting and Dispensing of Hearing Instruments;
               (50) [(51)]  Texas Board of Licensure for Professional
  Medical Physicists;
               (51) [(52)]  Texas Department of Insurance;
               (52) [(53)]  Texas Board of Orthotics and Prosthetics;
               (53) [(54)]  savings and mortgage lending [loan]
  commissioner;
               (54) [(55)]  Texas Juvenile Probation Commission; and
               (55) [(56)]  Texas Lottery Commission under Chapter
  466, Government Code.
         SECTION 2.03.  Section 2054.352(a), Government Code, is
  amended to read as follows:
         (a)  The following licensing entities shall participate in
  the system established under Section 2054.353:
               (1)  Texas Board of Chiropractic Examiners;
               (2)  Court Reporters Certification Board;
               (3)  State Board of Dental Examiners;
               (4)  Texas Funeral Service Commission;
               (5)  Texas Board of Professional Land Surveying;
               (6)  Texas [State Board of] Medical Board [Examiners];
               (7)  Board of Nurse Examiners;
               (8)  Texas Optometry Board;
               (9)  Department of Agriculture, for licenses issued
  under Chapter 1951, Occupations Code [Texas Structural Pest Control
  Board];
               (10)  Texas State Board of Pharmacy;
               (11)  Executive Council of Physical Therapy and
  Occupational Therapy Examiners;
               (12)  Texas State Board of Plumbing Examiners;
               (13)  Texas State Board of Podiatric Medical Examiners;
               (14)  Board of Tax Professional Examiners;
               (15)  Polygraph Examiners Board;
               (16)  Texas State Board of Examiners of Psychologists;
               (17)  State Board of Veterinary Medical Examiners;
               (18)  Texas Real Estate Commission;
               (19)  Texas Appraiser Licensing and Certification
  Board;
               (20)  Texas Department of Licensing and Regulation;
               (21)  Texas State Board of Public Accountancy;
               (22)  State Board for Educator Certification;
               (23)  Texas Board of Professional Engineers;
               (24)  Department of State Health Services;
               (25)  Texas Board of Architectural Examiners;
               (26)  Texas Racing Commission;
               (27)  Commission on Law Enforcement Officer Standards
  and Education; and
               (28)  Texas Private Security Board.
         SECTION 2.04.  Section 411.101, Government Code, is
  repealed.
  ARTICLE 3. TRANSITION AND EFFECTIVE DATE
         SECTION 3.01.  (a)  The Texas Structural Pest Control Board
  is abolished but continues in existence until March 1, 2008, for the
  sole purpose of transferring obligations, property, full-time
  equivalent positions, rights, powers, and duties to the Department
  of Agriculture. The Department of Agriculture assumes all of the
  obligations, property, full-time equivalent positions, rights,
  powers, and duties of the Texas Structural Pest Control Board, as it
  exists immediately before the effective date of this Act.  All
  unexpended funds appropriated to the Texas Structural Pest Control
  Board are transferred to the Department of Agriculture.  The
  transfer of the obligations, property, full-time equivalent
  positions, rights, powers, and duties of the Texas Structural Pest
  Control Board to the Department of Agriculture must be completed
  not later than March 1, 2008.
         (b)  All rules of the Texas Structural Pest Control Board are
  continued in effect as rules of the Department of Agriculture until
  superseded by a rule of the Department of Agriculture. A
  certificate, license, or permit issued by the Texas Structural Pest
  Control Board is continued in effect as provided by the law in
  effect immediately before the effective date of this Act. A
  complaint, investigation, contested case, or other proceeding
  pending on the effective date of this Act is continued without
  change in status after the effective date of this Act.  An
  inspection or other activity conducted by the Texas Structural Pest
  Control Board is considered to be an inspection or activity
  conducted by the Department of Agriculture.
         (c)  A reference in another law or an administrative rule to
  the Texas Structural Pest Control Board means the Department of
  Agriculture.
         SECTION 3.02.  (a)  The Texas Structural Pest Control Board,
  in cooperation with and at the direction of the Department of
  Agriculture, shall complete all necessary computer programming and
  other tasks to ensure that the agency numbers assigned by the
  comptroller to the board and the department are not necessary for
  any fiscal year after 2007, except to complete earlier fiscal year
  revenue and expenditure transactions and reporting. The number
  assigned by the comptroller to the Department of Agriculture shall
  be used to record transactions related to the regulation of
  structural pest control beginning in fiscal year 2008.
         (b)  Not later than July 1, 2007, the Texas Structural Pest
  Control Board shall request that the comptroller grant the
  Department of Agriculture inquiry-only security access to the
  uniform statewide accounting system, the state property accounting
  system, the uniform statewide payroll system, and the human
  resources information system for the board. The Department of
  Agriculture and the comptroller may coordinate implementation of
  this section.
         (c)  Not later than July 15, 2007, the Department of
  Agriculture shall provide to the Texas Structural Pest Control
  Board detailed information regarding the board's responsibilities
  under Subsection (a) of this section.
         SECTION 3.03.  The change in law made by this Act with
  respect to conduct that is grounds for imposition of a disciplinary
  sanction, including an emergency suspension or a cease and desist
  order, applies only to conduct that occurs on or after September 1,
  2007. Conduct that occurs before September 1, 2007, is governed by
  the law in effect on the date the conduct occurred, and the former
  law is continued in effect for that purpose.
         SECTION 3.04.  Not later than September 1, 2008, the
  Department of Agriculture shall adopt rules and policies required
  under:
               (1)  Section 1951.105, Occupations Code, as amended by
  this Act;
               (2)  Section 1951.207(a)(2), Occupations Code, as
  amended by this Act;
               (3)  Section 1951.212(d), Occupations Code, as amended
  by this Act;  and
               (4)  Section 1951.406, Occupations Code, as added by
  this Act.
         SECTION 3.05.  Not later than September 1, 2008, the
  commissioner of agriculture shall appoint the initial members of
  the structural pest control advisory committee under Section
  1951.101, Occupations Code, as amended by this Act.
         SECTION 3.06.  Not later than September 1, 2008, each school
  district shall provide the name, address, telephone number, and
  e-mail address of the district's integrated pest management
  coordinator to the Department of Agriculture as required by Section
  1951.212(e), Occupations Code, as amended by this Act.
         SECTION 3.07.  (a)  Except as provided by Subsection (b) of
  this section, this Act takes effect September 1, 2007.
         (b)  Section 3.02 of this Act takes effect immediately if
  this Act 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, Section 3.02 does not take effect.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2458 was passed by the House on April
  23, 2007, by the following vote:  Yeas 137, Nays 2, 2 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 2458 on May 21, 2007, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 2458 on May 26, 2007, by the following vote:  Yeas 137,
  Nays 2, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2458 was passed by the Senate, with
  amendments, on May 17, 2007, by the following vote:  Yeas 31, Nays
  0; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  2458 on May 25, 2007, by the following vote:  Yeas 30, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor