|
|
|
|
AN ACT
|
|
relating to the business of structural pest control. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 1951.003, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1951.003. BUSINESS OF STRUCTURAL PEST CONTROL. |
|
(a) In this chapter, a person is engaged in the "business of |
|
structural pest control" if the person performs, offers to perform, |
|
or advertises for or solicits the person's performance of any of the |
|
following services for compensation, including services performed |
|
as a part of the person's employment: |
|
(1) identifying infestations or making inspections |
|
for the purpose of identifying or attempting to identify |
|
infestations of: |
|
(A) arthropods, including insects, spiders, |
|
mites, ticks, and related pests, wood-infesting organisms, |
|
rodents, weeds, nuisance birds, and any other obnoxious or |
|
undesirable animals that may infest households, railroad cars, |
|
ships, docks, trucks, airplanes, or other structures or their |
|
contents; or |
|
(B) pests or diseases of trees, shrubs, or other |
|
plantings in a park or adjacent to a residence, business |
|
establishment, industrial plant, institutional building, or |
|
street; |
|
(2) making oral or written inspection reports, |
|
recommendations, estimates, or bids with respect to an infestation |
|
described by Subdivision (1); or |
|
(3) making contracts, or submitting bids based on an |
|
inspection for services or performing services designed to prevent, |
|
control, or eliminate an infestation described by Subdivision (1) |
|
by the use of insecticides, pesticides, rodenticides, fumigants, |
|
allied chemicals or substances, or mechanical devices. |
|
(b) A person is not engaged in the business of structural |
|
pest control if the person is a clerical employee or a manual |
|
laborer and the person does not: |
|
(1) identify pests; |
|
(2) make inspections, recommendations, estimates, |
|
bids, or contracts; |
|
(3) provide estimates, bids, or contracts based on an |
|
inspection; or |
|
(4) apply insecticides, pesticides, rodenticides, |
|
fumigants, allied chemicals, or other related substances regulated |
|
by the department. |
|
SECTION 2. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2011. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 2742 was passed by the House on May 5, |
|
2011, by the following vote: Yeas 137, Nays 4, 2 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 2742 was passed by the Senate on May |
|
20, 2011, by the following vote: Yeas 30, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |