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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of structural pest control. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1951.002, Occupations Code, is amended |
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by amending Subdivisions (4) and (16) to read as follows: |
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(4) "Certified commercial applicator" means a person |
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who holds a certified commercial applicator's license and, for each |
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business with which the applicator is associated, a structural pest |
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control business license. |
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(16) "Technician" means a person who holds a license |
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under this chapter and who, under [the] direct supervision of a |
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certified noncommercial applicator or, as an employee of a holder |
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of a structural pest control business license, performs supervised |
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pesticide applications, maintains or uses structural pest control |
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devices, makes sales presentations, or identifies pest infestation |
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or damage. The term does not include a person whose duties are |
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solely clerical or are otherwise completely disassociated with pest |
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control. |
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SECTION 2. Section 1951.003, Occupations Code, is amended |
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to read as follows: |
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Sec. 1951.003. BUSINESS OF STRUCTURAL PEST CONTROL. (a) In |
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this chapter, a person is engaged in the "business of structural |
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pest control" if the person performs[, offers to perform, or
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advertises for or solicits the person's performance of] any of the |
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following services for compensation, including services performed |
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as a part of the person's employment: |
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(1) identifying infestations or making inspections |
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for the purpose of identifying or attempting to identify |
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infestations of: |
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(A) arthropods, including insects, spiders, |
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mites, ticks, and related pests, wood-infesting organisms, |
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rodents, weeds, nuisance birds, and any other obnoxious or |
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undesirable animals that may infest households, railroad cars, |
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ships, docks, trucks, airplanes, or other structures or their |
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contents; or |
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(B) pests or diseases of trees, shrubs, or other |
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plantings in a park or adjacent to a residence, business |
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establishment, industrial plant, institutional building, or |
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street; |
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(2) making oral or written inspection reports, |
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recommendations, estimates, or bids with respect to an infestation |
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described by Subdivision (1); or |
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(3) making contracts, or submitting bids for services |
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or performing services designed to prevent, control, or eliminate |
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an infestation described by Subdivision (1) by the use of |
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insecticides, pesticides, rodenticides, fumigants, allied |
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chemicals or substances, or mechanical devices. |
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(b) A person is not engaged in the business of structural |
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pest control if the person is a clerical employee or a manual |
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laborer and the person does not: |
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(1) identify pests; |
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(2) make inspections, recommendations, estimates, |
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bids, or contracts; or |
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(3) apply insecticides, pesticides, rodenticides, |
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fumigants, allied chemicals, or other related substances. |
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SECTION 3. Section 1951.053(a), Occupations Code, is |
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amended to read as follows: |
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(a) Except as provided by Sections 1951.212 and |
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1951.457(c), this chapter does not apply to: |
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(1) a person who performs pest control work on growing |
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plants, trees, shrubs, grass, or other horticultural plants if the |
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person[:
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[(A)
holds a florist or nursery registration
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certificate from the department under Section 71.043, Agriculture
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Code, other than a registration certificate that permits the sale,
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lease, or distribution of nursery products or floral items only at a
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temporary market; and
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[(B)] holds a commercial or noncommercial |
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applicator license from the department and issued under Chapter 76, |
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Agriculture Code, that covers the pest control work; or |
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(2) a person who performs pest control work on growing |
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plants, trees, shrubs, grass, or other horticultural plants or |
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rights-of-way if the person: |
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(A) is employed by a political subdivision or a |
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cemetery; |
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(B) is engaged in pest control work or vegetation |
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management for the political subdivision or cemetery; |
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(C) holds a commercial or noncommercial |
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applicator license from the department and issued under Chapter 76, |
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Agriculture Code, that covers pest control work or is under the |
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direct supervision of a person who holds a commercial or |
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noncommercial applicator license from the department and issued |
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under Chapter 76, Agriculture Code, that covers pest control work; |
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and |
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(D) complies with annual continuing education |
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required by the department. |
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SECTION 4. Section 1951.101(a), Occupations Code, is |
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amended to read as follows: |
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(a) The committee consists of nine members appointed by the |
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commissioner as follows: |
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(1) four [two] members who are experts in structural |
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pest control application; |
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(2) three members who represent the public; |
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(3) [one member from an institution of higher
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education who is knowledgeable in the science of pests and pest
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control;
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[(4)] one member who represents the interests of |
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structural pest control operators and who is appointed based on |
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recommendations provided by a trade association of operators; |
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[(5)
one member who represents the interests of
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consumers and who is appointed based on recommendations provided by
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consumer advocacy groups or associations;] and |
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(4) [(6)] the commissioner of state health services or |
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the commissioner's designee. |
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SECTION 5. Section 1951.105, Occupations Code, is amended |
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to read as follows: |
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Sec. 1951.105. RULES GOVERNING COMMITTEE; COMMITTEE |
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MEETINGS. (a) The department shall adopt rules for the operation |
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of the committee, including rules governing: |
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(1) the purpose, role, responsibility, and goals of |
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the committee; |
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(2) the quorum requirements for the committee; |
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(3) the qualifications required for members of the |
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committee, which may include experience and geographic |
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representation requirements; |
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(4) the appointment process for the committee; |
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(5) the members' terms; |
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(6) the training requirements; |
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(7) a process to regularly evaluate the effectiveness |
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of the committee; and |
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(8) a requirement that the committee comply with |
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Chapter 551, Government Code. |
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(b) The committee shall: |
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(1) meet quarterly; |
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(2) operate under Roberts Rules of Order; and |
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(3) record the minutes of each meeting. |
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SECTION 6. Section 1951.205(a), Occupations Code, is |
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amended to read as follows: |
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(a) The department, with the advice of the committee, shall |
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adopt rules as authorized under this chapter governing the methods |
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and practices of structural pest control that the department |
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determines are necessary to protect the public's health and welfare |
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and prevent adverse effects on human life and the environment. Each |
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rule adopted must cite the section of this chapter that authorizes |
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the rule. |
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SECTION 7. Section 1951.210(d), Occupations Code, is |
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amended to read as follows: |
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(d) The department or pest control operator is not liable |
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for any damages that may arise as a result of an inspection made |
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under this section that is subsequently found to be incorrect. |
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SECTION 8. Section 1951.212(b), Occupations Code, is |
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amended to read as follows: |
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(b) The department shall use the structural pest control [an
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existing] advisory committee [or create a new advisory committee] |
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to assist the department in developing the standards for the |
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integrated pest management program. In developing the standards, |
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the advisory committee shall consult with a person knowledgeable in |
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the area of integrated pest management in schools. |
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SECTION 9. Section 1951.312, Occupations Code, is amended |
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by amending Subsection (a) and adding Subsection (f) to read as |
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follows: |
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(a) The department may not issue or renew a structural pest |
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control business license until the license applicant: |
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(1) files with the department a policy or contract of |
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insurance, approved as sufficient by the department, in an amount |
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not less than $200,000 for bodily injury and property damage |
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coverage, with a minimum total aggregate of $200,000 [$300,000] for |
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all occurrences, insuring the applicant against liability for |
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damage to persons or property occurring as a result of operations |
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performed in the course of the business of structural pest control |
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on premises or any other property under the applicant's care, |
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custody, or control; |
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(2) in the case of an applicant who has an unexpired |
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and uncanceled insurance policy or contract on file with the |
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department, files with the department a certificate or other |
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evidence from an insurance company stating that: |
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(A) the policy or contract insures the applicant |
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against liability for acts and damage as described in Subdivision |
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(1); and |
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(B) the amount of insurance coverage is in the |
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amount approved by the department; |
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(3) files with the department a bond, certificate of |
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deposit, or other proof acceptable to the department of sufficient |
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funds in an amount not less than $200,000 [$300,000] for payment of |
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claims of damage to persons or property occurring as a result of |
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operations performed [negligently] in the course of the business of |
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structural pest control on premises or any other property under the |
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applicant's care, custody, or control; or |
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(4) files with the department evidence satisfactory to |
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the department of coverage under a general liability insurance |
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policy, in an amount not less than $200,000 for bodily injury and |
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property damage coverage, with a minimum total aggregate of |
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$200,000 [$300,000] for all occurrences, if the applicant operates |
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solely as a wood treater who treats wood on commercial property |
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owned by the applicant. |
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(f) This section does not require insurance coverage for |
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errors and omissions. |
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SECTION 10. Section 1951.453, Occupations Code, is amended |
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to read as follows: |
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Sec. 1951.453. PEST CONTROL INFORMATION FOR INDOOR |
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TREATMENTS: RESIDENTIAL PROPERTY. (a) For an indoor treatment at |
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a private residence that is not rental property, a certified |
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applicator or technician shall make available[:
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[(1) give] a pest control information sheet developed |
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under Section 1951.254 to the owner of the residence before each |
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treatment begins[; or
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[(2)
if the owner is not available at the time
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treatment begins, leave the information sheet in a conspicuous
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place in the residence]. |
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(b) For an indoor treatment at a residential rental property |
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with fewer than five rental units, a certified applicator or |
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technician shall make available [leave] a pest control information |
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sheet developed under Section 1951.254 to the tenant of [in] each |
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unit [at the time of each treatment]. |
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(c) For an indoor treatment at a residential rental property |
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with five or more rental units, a certified applicator or |
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technician shall make available [provide] a pest control |
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information sheet developed under Section 1951.254 and a pest |
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control sign developed under that section to the owner or manager of |
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the property. The owner or manager or an employee or agent of the |
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owner or manager, other than the certified applicator or |
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technician, shall notify residents who live in the direct area of |
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the treatment or in an adjacent area by: |
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(1) posting the sign in an area of common access at |
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least 48 hours before each planned treatment; or |
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(2) leaving the information sheet on the front door of |
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each unit or in a conspicuous place inside each unit at least 48 |
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hours before each planned treatment. |
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SECTION 11. Section 1951.454, Occupations Code, is amended |
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to read as follows: |
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Sec. 1951.454. PEST CONTROL INFORMATION FOR INDOOR |
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TREATMENTS: WORKPLACE. For an indoor treatment at a workplace, a |
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certified applicator or technician shall make available [provide] a |
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pest control information sheet developed under Section 1951.254 and |
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a pest control sign developed under that section to the employer or |
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the building manager. The employer or building manager or an |
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employee or agent of the owner or manager, other than the certified |
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applicator or technician, shall notify the persons who work at the |
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workplace of the date of the planned treatment by: |
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(1) posting the sign in an area of common access that |
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the persons are likely to check on a regular basis at least 48 hours |
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before each planned treatment; and |
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(2) providing the information sheet to any person |
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working in the building on a request made by the person during |
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normal business hours. |
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SECTION 12. Section 1951.455(a), Occupations Code, is |
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amended to read as follows: |
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(a) For an indoor treatment at a building that is a |
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hospital, nursing home, hotel, motel, lodge, warehouse, |
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food-processing establishment, school, or day-care center, a |
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certified applicator or technician shall make available [provide] a |
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pest control information sheet developed under Section 1951.254 and |
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a pest control sign developed under that section to the chief |
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administrator or building manager. The chief administrator or |
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building manager shall notify the persons who work in the building |
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of the treatment by: |
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(1) posting the sign in an area of common access that |
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the persons are likely to check on a regular basis at least 48 hours |
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before each planned treatment; and |
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(2) providing the information sheet to a person |
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working in the building on request of the person. |
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SECTION 13. Sections 1951.457(a) and (b), Occupations Code, |
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are amended to read as follows: |
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(a) For an outdoor treatment at a private residence that is |
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not rental property, a certified applicator or technician shall |
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make available [leave] a pest control information sheet developed |
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under Section 1951.254 at the residence before the treatment |
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begins. |
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(b) For an outdoor treatment at a residential rental |
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property with fewer than five rental units, a certified applicator |
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or technician shall make available [leave] a pest control |
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information sheet at each unit at the time of treatment. |
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SECTION 14. Section 1951.459, Occupations Code, is amended |
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to read as follows: |
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Sec. 1951.459. PEST CONTROL SERVICES FOR CERTAIN BUILDINGS. |
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The owner of a building where persons other than the owner are |
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employed [that is an apartment building, day-care center, hospital,
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nursing home, hotel, motel, lodge, warehouse, school, or
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food-processing establishment, other than a restaurant, retail
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food, or food service establishment,] may obtain pest control |
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services for that building from a person only by: |
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(1) contracting with a person who holds a license to |
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perform the services; or |
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(2) requiring a person employed by the owner who is |
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licensed as a certified noncommercial applicator or technician to |
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perform the services. |
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SECTION 15. Section 1951.456(d), Occupations Code, is |
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repealed. |
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SECTION 16. The change in law made by this Act to the |
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structural pest control advisory committee does not affect the |
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entitlement of a member serving on the committee immediately before |
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the effective date of this Act to serve the remainder of the |
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member's term. The commissioner of agriculture shall appoint |
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members to the advisory committee in the manner provided by Section |
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1951.101, Occupation Code, as amended by this Act, as the terms of |
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the members serving immediately before the effective date of this |
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Act expire. |
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SECTION 17. This Act takes effect September 1, 2009. |