Journal of the House of Representatives of the Regular Session of the Eightieth Legislature of the State of Texas, Volume 6 Page: 6,538
6459-7408, S49-S79 p. ; 23 cm.View a full description of this legislative document.
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80th LEGISLATURE REGULAR SESSION
SECTION 1.21. Section 1951.207, Occupations Code, is amended to read
as follows:
Sec. 1951.207. INSPECTION OF LICENSE HOLDERS. (a) The
department [beard] by rule shall adopt a policy that:
(1) requires a business holding a structural pest control business license
to be inspected by a field inspector at least once:
(A) in the business's first year of operation; and
(B) every four [we] years after the first year of operation;
(2) provides for additional inspections based on a schedule of
risk-based inspections using the following criteria:
(A) the type and nature of the business;
(B) whether there has been a prior violation by the business;
(C) the inspection history of the business;
(D) any history of complaints involving the business; and
(E) any other factor determined by the department by rule
[inrtatn napppiatr , ta har feqeatly thhaptncr yD yr arcarcptcd ucr a thuin
chapter]; and
(3) provides that the department [executive dire etr] may waive the
inspection requirement on a case-by-case basis if an emergency arises or to
accommodate complaint investigation schedules.
(b) The department [bead] by rule shall adopt a policy and guidelines for
conducting an investigation under this chapter, including:
(1) procedures for investigating a complaint concerning misuse of
pesticides, including contamination by pesticides and human exposure to
pesticides;
(2) the circumstances in which a case should be referred to the:
(A) [Dcparncnt f Agriculturc;
[(E] Teas] Department of State Health Services;
(B) [(-C] Texas Commission on Environmental Quality [Natural
D ........ rv -at . i.n Crno i nn]; or
(C) [(1] United States Environmental Protection Agency;
(3) recommendations to consumers and applicators regarding cleanup
after a spill or misapplication; and
(4) procedures for residue sampling, including the circumstances in
which to take a residue sample and the time in which the sample should be taken.
SECTION 1.22. Section 1951.208, Occupations Code, is amended to read
as follows:
Sec. 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 [bard] shall immediately notify the
consumer and the applicator of the misapplication.
(b) On a finding of misapplication, the department [beard] shall keep
records of health injuries and property damages resulting from the misapplication
reported to the department [beard] by a:
(1) certified applicator;6538
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Texas. Legislature. House of Representatives. Journal of the House of Representatives of the Regular Session of the Eightieth Legislature of the State of Texas, Volume 6, legislative document, 2007; (https://texashistory.unt.edu/ark:/67531/metapth97476/m1/84/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.