SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 1951.001 - Short Title
This chapter may be cited as the Texas Structural Pest Control Act. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
- Texas Section 1951.002 - Definitions
In this chapter: (1) "Apartment building" means a building that contains at least two dwelling units that are rented primarily for nontransient permanent dwelling purposes,...
- Texas Section 1951.0021 - Structural Pest Control Service
The Structural Pest Control Service is a service of the department responsible for the regulation and licensing of persons engaged in the business of structural...
- Texas Section 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...
- Texas Section 1951.004 - Direct Supervision
In this chapter, a pesticide is applied under direct supervision if the application is made by a person acting under the instructions and control of...
- Texas Section 1951.005 - Local Regulation Of Pesticide Sale Or Use
(a) Except as provided by this section, a municipality or other political subdivision of this state may not adopt an ordinance or rule regarding pesticide...
- Texas Section 1951.006 - Applicability Of Fees To Government Employees
A person employed by a governmental entity is not exempt from a fee imposed under this chapter. Added by Acts 2001, 77th Leg., ch. 1421,...
SUBCHAPTER B EXEMPTIONS
- Texas Section 1951.007 - Applicability Of Agriculture Code Licensing Provisions
A provision of the Agriculture Code that applies generally to licensing or regulatory programs administered by the department, including a provision that refers generally to...
- Texas Section 1951.051 - Individual Performing Pest Control Work On Own Or Employer's Premises
(a) An individual who does not hold a license under this chapter may use insecticides, pesticides, rodenticides, fumigants, or allied chemicals or substances or mechanical...
- Texas Section 1951.052 - Person Performing Pest Control Work On Person's Dwelling
(a) Except as provided by Sections 1951.212 and 1951.457(c), this chapter does not apply to a person who performs pest control work on property that...
- Texas Section 1951.053 - Person Performing Pest Control Work Otherwise Regulated By Department
(a) Except as provided by Sections 1951.212 and 1951.457(c), this chapter does not apply to: (1) a person who performs pest control work on growing...
- Texas Section 1951.054 - Person Performing Pest Control Work On Agricultural Land
(a) Except as provided by Sections 1951.212 and 1951.457(c), this chapter does not apply to a person or the person's employee who is engaged in...
- Texas Section 1951.055 - Person Using Pest Control Chemicals For Household Use
(a) Except as provided by Sections 1951.212 and 1951.457(c), this chapter does not apply to a person who uses pest control chemicals that are for...
- Texas Section 1951.056 - Beekeepers
(a) Except as provided by Sections 1951.212 and 1951.457(c), this chapter does not apply to a person acting as a beekeeper, as defined by Section...
- Texas Section 1951.057 - Falconers
(a) This chapter does not apply to a person engaged in falconry, as defined by Section 49.001, Parks and Wildlife Code, who: (1) is the...
- Texas Section 1951.058 - Activities Not Involving Pesticides
When performed without the use of a pesticide, this chapter does not apply to the: (1) use of a raptor to control or relocate other...
SUBCHAPTER C STRUCTURAL PEST CONTROL ADVISORY COMMITTEE
- Texas Section 1951.059 - Activities Involving Minimal Risk Of Harm
(a) The department by rule may exempt an activity from all or part of the requirements of this chapter, other than a requirement under Section...
- Texas Section 1951.101 - Committee Membership
(a) The committee consists of 11 members appointed by the commissioner as follows: (1) one member who is an employee of a school district and...
- Texas Section 1951.102 - Eligibility Of Public Members
A person is not eligible for appointment as a public member of the committee if: (1) the person is licensed under this chapter; or (2)...
- Texas Section 1951.103 - Membership Restrictions
(a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to...
- Texas Section 1951.104 - Duties Of Committee
Sec. 1951.104. DUTIES OF COMMITTEE.The committee shall: (1) gather and provide information relating to the practice of structural pest control at the request of the...
- Texas Section 1951.105 - Rules Governing Committee; Committee Meetings
(a) The department shall adopt rules for the operation of the committee, including rules governing: (1) the purpose, role, responsibility, and goals of the committee;...
SUBCHAPTER E POWERS AND DUTIES OF DEPARTMENT RELATING TO STRUCTURAL PEST CONTROL
- Texas Section 1951.106 - Applicability Of Other Law To Committee
(a) Section 2110.008, Government Code, does not apply to the committee. (b) Repealed by Acts 2007, 80th Leg., R.S., Ch. 890, Sec. 1.79(3), eff. September...
- Texas Section 1951.201 - Sole Licensing Authority; Fees
(a) The department is the sole authority in this state for licensing persons engaged in the business of structural pest control. (b) The department, with...
- Texas Section 1951.203 - Standards And Criteria For Licenses
The department, with the advice of the committee, shall develop standards and criteria for issuing: (1) a structural pest control business license to a person...
- Texas Section 1951.204 - Subpoena Authority
(a) As part of an investigation under this chapter, the commissioner may request and, if necessary, compel by subpoena: (1) the attendance of witnesses for...
- Texas Section 1951.205 - Environmental Rules
(a) The department, with the advice of the committee, shall adopt rules as authorized under this chapter governing the methods and practices of structural pest...
- Texas Section 1951.206 - Rules Restricting Advertising Or Competitive Bidding
(a) Except as provided by Subsection (b), the department may not adopt a rule restricting advertising or competitive bidding by a person subject to regulation...
- Texas Section 1951.207 - Inspection Of License Holders
Sec. 1951.207. INSPECTION OF LICENSE HOLDERS. (a) The department by rule shall adopt a policy that requires a business holding a structural pest control business...
- Texas Section 1951.208 - Misapplication Of Pesticides
(a) If an investigation shows that a misapplication of pesticides has occurred on the premises of a consumer, the department shall immediately notify the consumer...
- Texas Section 1951.209 - Availability Of Certain Information
The department may make available to the Department of State Health Services under the occupational condition reporting program established under Chapter 84, Health and Safety...
- Texas Section 1951.210 - Pretreatment Inspection Service; Fees; Liability
(a) The department may provide a pretreatment inspection service to consumers. A pretreatment inspection is limited to a determination of whether there is an infestation...
- Texas Section 1951.211 - Consultation With Integrated Pest Management Techniques Expert
The department may contract with an institution of higher education for the services of an expert in integrated pest management to consult with the department,...
SUBCHAPTER F PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
- Texas Section 1951.212 - Integrated Pest Management Programs For School Districts
(a) The department shall establish standards for an integrated pest management program for the use of pesticides, herbicides, and other chemical agents to control pests,...
- Texas Section 1951.251 - Public Interest Information
(a) The department, with the advice of the committee, shall prepare information of public interest describing the functions of the department under this chapter and...
- Texas Section 1951.252 - Complaints
(a) The department by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of...
- Texas Section 1951.253 - Public Participation
(a) The department shall develop and implement policies that provide the public with a reasonable opportunity to appear before the committee and to speak on...
- Texas Section 1951.254 - Public Information Program
(a) The department shall establish a public information program as provided by this section and Sections 1951.453-1951.456 to inform the public about the practice and...
SUBCHAPTER G LICENSE REQUIREMENTS, ISSUANCE, AND RENEWAL
- Texas Section 1951.255 - Enforcement Information
(a) The department shall make available to the public information about each final enforcement action taken by the department against a person under this chapter....
- Texas Section 1951.301 - Structural Pest Control Business License Required
(a) In this section, "branch office" means any place of business, other than the primary office or a facility serving solely as a telephone answering...
- Texas Section 1951.302 - Certified Commercial Applicator's License
The department must determine that an individual is competent to use or supervise the use of a restricted-use pesticide or state-limited-use pesticide covered by the...
- Texas Section 1951.303 - Certified Noncommercial Applicator's License
(a) In this section, "incidental use situation" means a pesticide application, including treating wasps in an area adjacent to a utility meter, treating fire ants...
- Texas Section 1951.304 - Technician License
The department may designate different classes or categories for technicians. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003. Amended...
- Texas Section 1951.305 - Application
(a) A person must apply for a license under this chapter on a form prescribed and provided by the department. (b) Each applicant must provide...
- Texas Section 1951.306 - Waiver For Applicant Licensed In Another State
(a) The department may waive any license requirement under this chapter for an applicant who holds a license issued by another state that has license...
- Texas Section 1951.307 - License Renewal
A person may renew a license by submitting an application to the department and paying the required renewal fees. Added by Acts 2001, 77th Leg.,...
- Texas Section 1951.308 - License Expiration
A license issued under this chapter expires at the end of the license period as determined by department rule. Added by Acts 2001, 77th Leg.,...
- Texas Section 1951.309 - Fee For Initial Or Renewal License
(a) An applicant for an initial or renewal structural pest control business license or for an initial or renewal endorsement of license under Section 1951.306...
- Texas Section 1951.312 - Liability Insurance; Exceptions
(a) The department may not issue or renew a structural pest control business license until the license applicant: (1) files with the department a policy...
- Texas Section 1951.313 - Memorandum Of Agreement
The department may enter into a memorandum of agreement with a political subdivision other than an institution of public or private education concerning licensing requirements....
- Texas Section 1951.314 - License Not Transferable
A license issued by the department under this chapter is not transferable. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,...
SUBCHAPTER H TRAINING
- Texas Section 1951.315 - Continuing Education Requirements
The department shall administer a mandatory continuing education program for all license holders. Each license holder must comply with the continuing education requirements established by...
- Texas Section 1951.351 - Technician Training Program
(a) The department shall: (1) develop or approve a training program for licensed technicians and for applicants to become licensed technicians; and (2) require that...
- Texas Section 1951.352 - New Developments; Proof Of Study
If the department determines that new developments in pest control have occurred that are so significant that proper knowledge of the developments is necessary to...
SUBCHAPTER I EXAMINATIONS
- Texas Section 1951.353 - Fees Related To Training Programs
(a) The department may charge a fee to a person to purchase or borrow materials developed for the technician training program under Section 1951.351. The...
- Texas Section 1951.401 - Examination For Certified Applicator's License
The department may require a person to qualify for a certified applicator's license by passing an examination demonstrating the person's competence in the field of...
- Texas Section 1951.402 - Examination For Technician License
The department shall require an applicant for a technician license to pass an examination developed and administered by the department or a person designated by...
- Texas Section 1951.403 - Examination Fee
Each time a person applies to take an examination for a license, the person shall pay the department an examination fee, in an amount established...
- Texas Section 1951.404 - List Of Study Materials And Seminars
The department shall make public a list of study materials and educational seminars that are available to help applicants successfully complete any examination administered under...
- Texas Section 1951.405 - Examination Results
(a) Not later than the 30th day after the date a licensing examination is administered under this chapter, the department shall notify each examinee of...
SUBCHAPTER J PRACTICE BY LICENSE HOLDER
- Texas Section 1951.406 - Examination Policy
(a) The department shall develop a written policy governing licensing examinations under this subchapter that prescribes: (1) procedures to improve the design and construction of...
- Texas Section 1951.451 - Contract For Pest Control Services
A written contract under which a license holder under this chapter agrees to perform structural pest control services in this state must include: (1) the...
- Texas Section 1951.452 - Records Of License Holder
(a) The department may require each license holder to make records, as prescribed by the department, of the license holder's use of pesticides. (b) Subject...
- Texas Section 1951.453 - Pest Control Information For Indoor Treatments: Residential Property
(a) For an indoor treatment at a private residence that is not rental property, a certified applicator or technician shall make available a pest control...
- Texas Section 1951.454 - Pest Control Information For Indoor Treatments: Workplace
For an indoor treatment at a workplace, a certified applicator or technician shall make available a pest control information sheet developed under Section 1951.254 and...
- Texas Section 1951.455 - Pest Control Information For Indoor Treatments: Certain Other Buildings
(a) For an indoor treatment at a building that is a hospital, nursing home, hotel, motel, lodge, warehouse, food-processing establishment, school, or day-care center, a...
- Texas Section 1951.456 - Pest Control Information For Indoor Treatments; Rules; Exception
(a) The department shall develop a policy to implement and enforce Sections 1951.453-1951.455. (b) Under rules adopted by the department, a requirement under Sections 1951.453-1951.455...
- Texas Section 1951.457 - Pest Control Information For Outdoor Treatments
(a) For an outdoor treatment at a private residence that is not rental property, a certified applicator or technician shall make available a pest control...
- Texas Section 1951.458 - Practice By Noncommercial Applicator Or Technician
(a) A person who holds a certified noncommercial applicator's or technician license may not engage in the business of structural pest control outside the scope...
SUBCHAPTER K DISCIPLINARY PROCEDURES
- Texas Section 1951.459 - Pest Control Services For Certain Buildings
The owner of a building that is an apartment building, day-care center, hospital, nursing home, hotel, motel, lodge, warehouse, school, or food-processing establishment, other than...
- Texas Section 1951.501 - Disciplinary Powers Of Commissioner Relating To Structural Pest Control
(a) In this section, "parent company" means an individual or a partnership, corporation, or other business entity holding one or more structural pest control business...
- Texas Section 1951.502 - Right To Hearing
(a) If the commissioner proposes to suspend or revoke a person's license, the person is entitled to a hearing before the commissioner or a hearings...
- Texas Section 1951.503 - Judicial Review
(a) An applicant or license holder may appeal from an order or other action of the commissioner under this chapter by bringing an action in...
- Texas Section 1951.504 - Settlement Of Contested Cases
(a) A settlement of a contested case under Chapter 2001, Government Code, must be approved by the commissioner. (b) The department by rule shall establish...
- Texas Section 1951.505 - Effect Of Revocation
(a) A license revoked under Section 1951.501 may not be renewed. (b) A person whose license is revoked may not apply for a new license...
SUBCHAPTER M OTHER PENALTIES AND ENFORCEMENT PROVISIONS
- Texas Section 1951.506 - Emergency Suspension
(a) The commissioner shall temporarily suspend the license of a person licensed under this chapter if the commissioner determines from the evidence or information presented...
- Texas Section 1951.601 - Enforcement Action For Misapplication Of Pesticides
If the commissioner finds that an applicator has misapplied pesticides, the commissioner shall institute an enforcement action against the applicator. The department by rule shall...
- Texas Section 1951.602 - Civil Penalty; Injunction
(a) A person who violates this chapter or a rule, license, or order of the commissioner is subject to a civil penalty of not less...
- Texas Section 1951.603 - Criminal Penalty
(a) A person commits an offense if the person: (1) violates this chapter; (2) violates a rule adopted under Section 1951.205 or 1951.206; or (3)...