Texas Agriculture Code - Section 76.108. Commercial Applicator License
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§ 76.108. COMMERCIAL APPLICATOR LICENSE. (a) A person
who operates a business or is an employee of a business that applies
state-limited-use or restricted-use pesticides or regulated
herbicides to the land of another person for hire or compensation
and who is required to be licensed by Section 76.105 of this code
shall apply to the appropriate regulatory agency for a commercial
applicator license issued for the license use categories and
subcategories in which the pesticide application is to be made.
(b) A person shall apply for an original or renewal
commercial applicator license on forms prescribed by the regulatory
agency. The application shall include information as required by
rule of the head of the agency and must be accompanied by an annual
license fee, as fixed by the head of the agency.
(c) The head of a regulatory agency may not issue an
original commercial applicator license before the applicant has
passed an examination under Section 76.110 of this code.
(d) The head of a regulatory agency may not issue a
commercial applicator license if it has been determined that:
(1) the applicant has been convicted of a felony
involving moral turpitude in the last five years;
(2) the applicant has had a license issued under this
subchapter revoked within the last two years;
(3) the applicant has been unable to satisfactorily
fulfill licensing requirements; or
(4) the applicant for any other reason cannot be
expected to be able to fulfill the provisions of this subchapter
applicable to the license use category for which application is
made.
(e) An individual to whom a commercial applicator license is
issued is authorized to purchase, use, and supervise the use of
restricted-use and state-limited-use pesticides or regulated
herbicides in the license use categories and subcategories in which
the individual is licensed.
(f) As a condition to issuance of a commercial applicator
license, an applicant located outside this state shall file with
the regulatory agency a written instrument designating a resident
agent for service of process in actions taken in the administration
and enforcement of this chapter. Instead of designating a resident
agent, the applicant may designate in writing the secretary of
state as the recipient of service of process for the applicant in
this state.
Acts 1981, 67th Leg., p. 1198, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1981, 67th Leg., p. 2590, ch. 693, § 4, eff.
Sept. 1, 1981; Acts 1985, 69th Leg., ch. 239, § 65, eff. Sept. 1,
1985; Acts 1989, 71st Leg., ch. 230, § 92, eff. Sept. 1, 1989;
Acts 1995, 74th Leg., ch. 419, § 2.38, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 1369, § 1, eff. Sept. 1, 1997.
Section: 76.101 76.102 76.103 76.104 76.105 76.106 76.107 76.108 76.109 76.110 76.111 76.112 76.113 76.114 76.115
Last modified: August 10, 2007
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