Bill Text: TX HB2742 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the business of structural pest control.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [HB2742 Detail]
Download: Texas-2011-HB2742-Enrolled.html
H.B. No. 2742 |
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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 |