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Texas Agriculture Code - Section 76.109. Noncommercial Applicator License

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§ 76.109. NONCOMMERCIAL APPLICATOR LICENSE.  (a) A person 
who is required to be licensed under Section 76.105 of this code but 
who does not qualify as a commercial applicator or a private 
applicator shall apply to the appropriate regulatory agency for a 
noncommercial 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 
noncommercial applicator license on forms prescribed by the 
regulatory agency.  The applicant shall include with the 
application an annual license fee, as fixed by the governing body of 
or the head of the regulatory agency.  The governing body of or the 
head of the regulatory agency may set other fees as necessary to 
defray the costs of administering a pesticide applicator 
certification program. 
	(c)  The head of a regulatory agency may not issue an 
original noncommercial applicator license before the applicant has 
passed an examination under Section 76.110 of this code.
	(d)  An individual to whom a noncommercial applicator 
license is issued by the department 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.
	(e)  If a license is issued in the name of a governmental 
entity, the entity must have a licensed applicator employed at all 
times.  Failure to have a licensed applicator employed is a ground 
for revocation of a governmental entity noncommercial applicator 
license.
	(f)  As a condition to issuance of a noncommercial 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.
	(g)  An individual to whom a noncommercial applicator 
license is issued by the Texas Department of Health is authorized to 
use and supervise the use of general-use, restricted-use, and 
state-limited-use pesticides in the license use categories and 
subcategories in which the individual is licensed.
	(h)  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 Health, provided the employee is given 
instructions adequate to ensure the safe and effective use of such 
pesticides.

Acts 1981, 67th Leg., p. 1199, ch. 388, § 1, eff. Sept. 1, 1981.  
Amended by Acts 1981, 67th Leg., p. 2590, ch. 693, § 5, eff. 
Sept. 1, 1981;  Acts 1985, 69th Leg., ch. 239, § 66, eff. Sept. 1, 
1985;  Acts 1989, 71st Leg., ch. 230, § 93, eff. Sept. 1, 1989;  
Acts 1995, 74th Leg., ch. 419, § 2.39, eff. Sept. 1, 1995;  Acts 
1997, 75th Leg., ch. 766, § 2, eff. Sept. 1, 1997;  Acts 1997, 
75th Leg., ch. 1369, § 1, eff. Sept. 1, 1997;  Acts 2003, 78th 
Leg., ch. 884, § 1, eff. June 20, 2003.

Last modified: August 10, 2007