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A BILL TO BE ENTITLED
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AN ACT
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relating to exemptions from the Texas Structural Pest Control Act; |
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providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 1951, Occupations Code, is |
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amended by adding Sections 1951.058, 1951.059, and 1951.060 to read |
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as follows: |
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Sec. 1951.058. ACTIVITIES NOT INVOLVING PESTICIDES. When |
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performed without the use of a pesticide, this chapter does not |
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apply to the: |
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(1) use of a raptor to control or relocate other birds; |
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(2) physical removal of pests or the habitat of pests |
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while cleaning a chimney; |
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(3) use of a live trap to remove an animal from the |
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premises of a residence, agricultural operation, or business |
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structure; |
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(4) removal by mechanical means of weeds or other |
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obstructing vegetation from a sewer, drainage system, body of |
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water, or similar area; or |
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(5) installation, maintenance, or use of a |
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nonpesticidal barrier to remove or prevent infestation by nuisance |
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animals. |
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Sec. 1951.059. CONSULTING SERVICES. This chapter does not |
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apply to a person who, as an independent consultant, provides |
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information to a restaurant, medical facility, or food or meal |
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delivery operation regarding general pest control methods and |
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general or specific pest control products or services and who does |
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not: |
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(1) identify specific pests or infestations; |
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(2) perform, agree to perform, or bid on a job to |
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perform pest control services; or |
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(3) supply, agree to supply, or bid on a job to supply |
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pest control products. |
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Sec. 1951.060. ACTIVITIES INVOLVING MINIMAL RISK OF HARM. |
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(a) The department by rule may exempt an activity from all or part |
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of the requirements of this chapter if the department determines |
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that the activity presents only a minimal risk of harm to the |
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health, safety, and welfare of the public, the person performing |
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the activity, pets and other domesticated animals, and the |
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environment. |
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(b) A business that performs an activity exempted from |
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regulation under this section and that is not otherwise required to |
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hold a license issued under this chapter shall provide to each |
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customer a written notice, as prescribed by department rule, that: |
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(1) informs the customer of the customer's rights |
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under the Deceptive Trade Practices-Consumer Protection Act |
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(Subchapter E, Chapter 17, Business & Commerce Code); |
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(2) provides contact information for the consumer |
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protection division of the office of the attorney general; and |
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(3) contains other information required by the |
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department. |
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(c) Failure to provide the notice required by Subsection (b) |
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is a violation of this chapter. The department may impose an |
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administrative penalty or take any other enforcement action |
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provided by this chapter or the Agriculture Code to deter, |
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restrain, or punish a person who violates this section. An |
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enforcement action by the department under this section is in |
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addition to remedies and penalties provided by the Deceptive Trade |
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Practices-Consumer Protection Act (Subchapter E, Chapter 17, |
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Business & Commerce Code). |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |