Texas Structural Pest Control Regulations


Table of Content

Division 1 General Provisions
Rule 7.112 Settlement of Contested Cases
Rule 7.113 Settlement of Consumer Complaints
Rule 7.114 Definition of Terms
Rule 7.115 Structural Pest Control Enforcement

Division 2 Licensing
Rule 7.121 Persons Required to Secure License
Rule 7.122 Applications for Licensing, Registration, Certification, and Approval
Rule 7.123 Insurance Requirement
Rule 7.124 Resident Agent
Rule 7.125 Examinations
Rule 7.126 License Expiration and Renewal
Rule 7.127 Fees
Rule 7.128 Loss of Responsible Certified Applicator or Business License Holder
Rule 7.129 Licensing of Persons with Criminal Backgrounds
Rule 7.131 Certified Noncommercial Applicator Restrictions
Rule 7.133 Technician License Requirements
Rule 7.134 Continuing Education Requirements for Certified Applicators
Rule 7.135 Criteria and Evaluation of Continuing Education

Division 3 Compliance and Enforcement
Rule 7.141 Identification of Licensees and Apprentices
Rule 7.142 Employee Registration
Rule 7.143 Employee Supervision
Rule 7.144 Pest Control Use Records
Rule 7.145 Contracts
Rule 7.146 Pest Control Sign (aka 48 hour notice)
Rule 7.147 Consumer Information Sheet
Rule 7.148 Responsibilities of Unlicensed Persons for Posting and Notification
Rule 7.149 Inspections
Rule 7.150 General Standards for Use of Pesticides
Rule 7.151 General Standards for Storage and Disposal of Pesticides
Rule 7.152 Advertising
Rule 7.153 Reduced Impact Pest Control Service
Rule 7.154 Incidental Use Situation Fact Sheet
Rule 7.156 Entry and Access

Division 4 Unlawful Acts and Grounds For Revocation
Rule 7.161 Grounds for Revocation, Suspension, Penalties, Reprimanding,
Refusal To Examine, Refusal To Issue or Renew Licenses

Rule 7.162 Suspension or Revocation
Rule 7.163 Unlawful Acts

Division 5 [Wood Destroying Insect] Treatment Standards
Rule 7.172 Subterranean Termite Post Construction Treatment
Rule 7.173 Subterranean Termite Pre-Construction Treatments
Rule 7.174 Termite Treatment Disclosure Documents
Rule 7.175 Wood Destroying Insect Report Inspection Procedures
Rule 7.176 Real Estate Transaction Inspection Reports
Rule 7.177 Posting Notice of Inspection
Rule 7.178 Structural Fumigation Requirements

Division 6 Structural Pest Control Advisory Committee
Rule 7.191 Purpose of the Committee
Rule 7.192 Rules Governing Operation of the Committee
Rule 7.193 Appointment of Committee Members
Rule 7.194 Additional Qualifications for Committee Members
Rule 7.195 Disqualification of Members
Rule 7.196 Committee Meetings

Division 7 Integrated Pest Management Program for School Districts
Rule 7.201 Responsibility of School Districts to Adopt an IPM Program
Rule 7.202 Responsibilities of the IPM Coordinator
Rule 7.203 Responsibilities of Certified Applicators and Licensed Technicians
Rule 7.204 Pesticide Use in School Districts
Rule 7.205 Incidental Use for Schools


Texas Structural Pest Control Services Regulations
Texas Administrative Code
Title 4 Agriculture
Part 1 Texas Department of Agriculture
Chapter 7 Pesticides
Subchapter H Structural Pest Control Services

Division 1 General Provisions

Rule 7.112 Settlement of Contested Cases
(a) It is department policy to resolve contested cases without litigation.

(b) A “contested case settlement” is an agreement between the department and the respondent in a contested case which provides for a resolution different from the administrative penalty or license sanction, or both, originally proposed in the department’s notice of violation.

(c) Contested case settlement negotiations may be in person, by phone, or through written communication, at the department’s discretion, as necessary to resolve issues related to a particular contested case.

(d) Contested case settlement may incorporate any combination of authorized sanctions, additional training, or remedial actions as an alternative to the originally proposed penalty or sanction or combination of penalty and sanction.

(e) All contested case settlements are subject to approval by the commissioner. The commissioner shall state in writing the reasons for rejecting a proposed settlement.

(f) A contested case settlement is final and binding upon a respondent at the time the respondent or respondent’s authorized agent signs the settlement agreement, and upon the department when approved by the commissioner through a signed order.

(g) If a contested case settlement is rejected by the commissioner, the contested case will be resolved through additional settlement negotiations consistent with the reasons for the commissioner’s rejection, by stipulation to the department’s originally proposed penalty or sanction or combination of penalty and sanction, or through a contested case hearing.
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Source Note: The provisions of this §7.112 adopted to be effective December 11, 2008, 33 TexReg 9972


Rule 7.113 Settlement of Consumer Complaints
(a) It is department policy to encourage consumers and structural pest control businesses to resolve consumer complaints without litigation through informal settlements.

(b) As provided by Occupations Code §1951.504, the commissioner authorizes the department to engage in informal settlement negotiations with structural pest control businesses on behalf of structural pest control consumers.

(c) A consumer complaint settlement may require refund of money to the consumer in an amount no greater than the amount provided under the original contract for services or the proper and adequate performance of services that the business agreed to perform in the original contract, including any necessary retreatments of a kind no different than as agreed in the original contract, or both.

(d) The consumer or consumers filing the complaint shall be consulted regarding any proposed consumer complaint settlement prior to final approval of the agreement.

(e) All consumer complaint settlements shall be approved and signed by the Deputy General Counsel for Enforcement. The Deputy General Counsel for Enforcement shall state in writing the reasons for rejecting a proposed settlement.

(f) A settlement is final and binding upon a respondent at the time the respondent or respondent’s authorized agent signs the consumer complaint settlement agreement.

(g) If a settlement is rejected by the Deputy General Counsel for Enforcement, the complaint may be resolved through additional settlement negotiations consistent with the reasons for rejection or left for the consumer and structural pest control business to resolve through private negotiation or litigation.

(h) Resolution of a consumer complaint through a consumer complaint settlement may relieve the structural pest control business from license sanction or administrative penalty liability, in any related contested case, for those violations of the structural pest control laws that promote economic consumer protection. Entering into a consumer complaint settlement agreement, however, does not relieve the structural pest control business or any of its agents from liability for violations involving the misapplication of a pesticide or for violations uncovered during the complaint investigation that are not directly related to the economic consumer protection aspects of the underlying consumer complaint.

(i) Failure to comply with an agreed consumer complaint settlement is a violation of the structural pest control laws which may subject the structural pest control business or any of its agents to additional penalties or sanctions or a combination of penalties and sanctions. It is an affirmative defense to a violation under this subsection that an affected consumer refused to accept a refund or service required under a consumer complaint settlement agreement or failed to agree to a reasonable time for performing any service, including re-treatment, required under a consumer complaint settlement agreement.

(j) Nothing in this section shall be construed as resolving any civil legal dispute between a consumer and a structural pest control business and nothing herein shall be construed as relieving the consumer or the structural pest control business from any civil remedies or liabilities in connection with the consumer’s complaint or any other matter.
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Source Note: The provisions of this §7.113 adopted to be effective December 11, 2008, 33 TexReg 9972


Rule 7.114 Definition of Terms
In addition to the definitions set out in the Structural Pest Control Act, the following words, names, and terms shall have the following meanings, unless the context clearly indicates otherwise.

   (1) Act–The Texas Structural Pest Control Act, Occ. Code, Chpt. 1951, as amended.

   (2) Apprentice–A sales or service employee who has been registered with the department, but has not yet passed a technician examination.

   (3) Bait Process–The use of food or other requisite that may be treated with a pesticide and/or other mitigating agent that will adversely affect the pest.

   (4) Barrier–For the purposes of a termite treatment, an area of soil or other material which has been treated with a termiticide.

   (5) Category–The type of service or services a person or business entity is authorized to perform.

   (6) Chairman–An individual elected by members of the committee, who presides over the Structural Pest Control Advisory Committee meetings.

   (7) Commissioner–The Commissioner of the Texas Department of Agriculture, or his designee.

   (8) Committee–The Structural Pest Control Advisory Committee. A nine member committee appointed by the commissioner, whose responsibility is to gather information and advise the commissioner and staff on the business of structural pest control.

   (9) Contract–A binding agreement between two or more persons or parties that spell out in writing, the terms and conditions or such agreement, and will include, but not limited to, warranties or guarantees for structural pest control work.

   (10) Department–The Texas Department of Agriculture.

   (11) Director–The person employed by the department who serves as administrator of the Structural Pest Control Service.

   (12) Document–Any original or official application for technician exam, application for technician license, application for exam and certified applicator license, contract, electronic forms, drawing, guarantee, invoice, map, notice of pre-construction treatment, report, service agreement, termination notice, termite pre-treatment disclosure document, training records, Wood Destroying Insect report, warranty, or other business paperwork required by the department.

   (13) Inactive license–License that maintains certification, but which prohibits the technician or certified applicator from doing any pest control services for compensation.

   (14) Infest–The presence of one or more obnoxious or unwanted animal(s) or plant(s) in, on or around a structure, trees, shrubs, or other plantings adjacent to or in a residence, business establishment, industrial plant, institutional building, or street.

   (15) Inspector–A structural pest control inspector employed by the department.

   (16) Integrated Pest Management (IPM)–A pest management strategy that relies on accurate identification and scientific knowledge of target pests, reliable monitoring methods to assess pest presence, preventative measures to limit pest problems and thresholds to determine when corrective control measures are needed. Under IPM, whenever economical and practical, multiple control tactics should be used to achieve best control of pests. These tactics will possibly include, but are not limited to, the judicious use of pesticides.

   (17) License–A document issued by the department to a person authorizing the practicing and/or supervising of the professional service or services indicated thereon.

   (18) Licensee–The holder of a valid license.

   (19) Obnoxious and unwanted animals or plants–Animals or weeds as defined in §1951.003 of the Occupations Code that limit the use or enjoyment or cause harm or damage of any type to people, pets, structures, landscapes, or the environment. Animals excluded from this definition are members of the Order Primates, hoofed mammals, members of the Family Ursidae, members of the Genus Felis, members of the Genus Canis, domestic livestock, ratites, gallinaceous birds, and alligators.

   (20) Personal Contact–Physical presence at a work location.

   (21) Revoke–To cancel a license issued under authority of the Structural Pest Control Act. When a business license is revoked, the holder of said license must acquire a new license by completing a new application, and paying the required fee. In the case of the certified applicator, the holder of such certified applicator’s license must acquire a new license by completing a new application, paying a required fee, and being re-examined in each category desired by said person.

   (22) Service–The Structural Pest Control Service.

   (23) Suspend–To cease operations for a period of time as specified by the department.

   (24) Unit–One hour of time.

   (25) Vice-Chairman–An individual Advisory Committee member elected by the committee who presides at the committee meeting in the absence of the Chairman.
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Source Note: The provisions of this §7.114 adopted to be effective June 1, 1984, 9 TexReg 2307; amended to be effective January 1, 1988, 12 TexReg 3775; amended to be effective February 1, 1992, 17 TexReg 43; amended to be effective June 5, 1992, 17 TexReg 3783; amended to be effective July 30, 1996, 21 TexReg 6815; amended to be effective January 8, 1998, 23 TexReg 134; amended to be effective September 1, 1998, 23 TexReg 8438; amended to be effective September 1, 1999, 24 TexReg 6297; amended to be effective July 16, 2002, 27 TexReg 6296; amended to be effective October 5, 2004, 29 TexReg 9370; amended to be effective April 11, 2006, 31 TexReg 3032; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9972; amended to be effective July 7, 2009, 34 TexReg 4505


Rule 7.115 Structural Pest Control Enforcement
The Department has established the following schedule of disciplinary sanctions for violations of Subchapter H, related to Structural Pest Control Service.

Texas Department of Agriculture Structural Pest Control Service Penalty Matrix


Division 2 Licensing


Rule 7.121 Persons Required to Secure License
(a) Business License–Any person engaged in structural pest control for compensation must secure a business license from the department for each business location, including branch offices, in accordance with the Texas Structural Pest Control Act and the regulations of the department. Each business license holder must designate a responsible certified commercial applicator for each business location who is not also serving as a responsible certified commercial applicator for any other business licensee or any other business location. No person shall engage in, offer to engage in, advertise for, solicit, or perform any of the services identified in §1951.003 of the Texas Structural Pest Control Act, for compensation, without first obtaining a business license and having a certified commercial applicator certified in each license category in which business is conducted. The business license may reflect only those categories in which at least one certified applicator is actively licensed.

(b) Responsible Certified Commercial Applicator–A certified commercial applicator who has been designated by the business license holder to be responsible for training and supervision of all pest control operations of the business. The person may be employed by other business location(s) as a certified commercial applicator, but may only be the responsible certified commercial applicator for one business license location.

(c) Certified Commercial Applicator–A person licensed in category as a certified commercial applicator who can perform pest control services, identifications and control measures without direct supervision but under supervision of the responsible certified commercial applicator. A certified commercial applicator must hold a separate license for every business for which the certified commercial applicator is employed but is not required to hold a separate license for branch offices of an employer.

(d) Certified Noncommercial Applicator–An employee of a governmental entity, apartment building, day-care center, hospital, nursing home, hotel, motel, lodge, warehouse, food-processing establishment, school or educational institution and other noncommercial entity. The person licensed in category as a noncommercial certified applicator who can perform pest control services, identifications and control measures without direct supervision. A certified noncommercial applicator must be licensed for every business entity for which the certified noncommercial applicator is employed but is not required to hold a separate license for branch offices of an employer.

(e) Technician–A person licensed in category who performs pest control services under the direct supervision of a commercial or noncommercial certified applicator. A technician must be licensed for every business or noncommercial entity for which the technician is employed but is not required to hold a separate license for branch offices of an employer.

(f) Apprentice–A person, who is registered by a business or noncommercial entity to train for a technician license, has not passed the technician examination and who performs pest control services under the direct supervision of a licensed technician or a certified applicator. An apprentice may work only for the business or noncommercial entity for which they are registered.

Source Note: The provisions of this §7.121 adopted to be effective June 1, 1984, 9 TexReg 2307; amended to be effective January 1, 1988, 12 TexReg 3775; amended to be effective August 3, 1988, 13 TexReg 3635; amended to be effective September 18, 1989, 14 TexReg 4545; amended to be effective February 1, 1992, 17 TexReg 44; amended to be effective June 5, 1992, 17 TexReg 3783; amended to be effective December 15, 1993, 18 TexReg 8914; amended to be effective December 27, 1999, 24 TexReg 11758; amended to be effective February 1, 2005, 30 TexReg 393; amended to be effective June 13, 2005, 30 TexReg 3405; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9974


Rule 7.122 Applications for Licensing, Registration, Certification, and Approval
(a) The application for a business license, a certified applicator license, technician license, or for registration as an apprentice under this chapter must be submitted on a form prescribed by the Department, which may be updated from time to time.

(b) Applications must include all information requested, unless the information is clearly marked as optional.

(c) A license application may be denied if a same or similar license issued to the applicant by this or another state or federal government has been revoked, suspended, probated or denied during the preceding five-year period for any reason that could result in the Department denying licensure or registration. For the purpose of this section, a license is similar if the license was issued for the practice of an occupation in which professional services are normally provided in-person.
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Source Note: The provisions of this §7.122 adopted to be effective December 21, 2015, 40 TexReg 9116


Rule 7.123 Insurance Requirement
(a) Each business license applicant and certified noncommercial applicator license applicant must submit a certificate of insurance with proof of coverage on the form provided by the department in the amount of not less than $200,000 for bodily injury and property damage coverage with a minimum total annual aggregate of $300,000 for all occurrences. The insurance policy must insure applicant for damage to persons or property occurring as a result of operations performed in the course of the business of structural pest control to premises or any other property under applicant’s care, custody, or control. No new business license or certified noncommercial applicator license will be issued until insurance requirements are met. Policies must contain a cancellation provision for notification to the department not less than thirty (30) days prior to cancellation. Certified noncommercial applicators employed by governmental entities are exempt from this provision. Inactive certified applicators and technicians that do not perform structural pest control work for compensation or as a part of the duties of their employment are exempt from this provision.

(b) A licensee who operates as a wood treater who treats wood on commercial property owned by the licensee must submit with their application a general liability insurance policy or certificate of coverage in the amount of not less than $200,000 for bodily injury and property damage coverage with a minimum total annual aggregate of $300,000 for all occurrences. No license will be issued until this insurance requirement is met. Policies must contain a cancellation provision for notification to the department not less than thirty (30) days prior to cancellation.

(c) If payment of claims results in reducing the total aggregate of coverage below $300,000, the insurance carrier must notify the department and the licensee within ten (10) business days. The licensee must obtain additional coverage to meet the minimum requirements.

(d) The department will consider as sufficient only those policies issued by insurers authorized by or registered with the Texas Department of Insurance.

Source Note: The provisions of this §7.123 adopted to be effective June 1, 1984, 9 TexReg 2307; amended to be effective January 1, 1988, 12 TexReg 3775; amended to be effective September 18, 1989, 14 TexReg 4545; amended to be effective February 1, 1992, 17 TexReg 44; amended to be effective June 5, 1992, 17 TexReg 3783; amended to be effective September 1, 2000, 25 TexReg 2064; amended to be effective December 24, 2003, 28 TexReg 11267; amended to be effective February 1, 2005, 30 TexReg 394; amended to be effective June 13, 2005, 30 TexReg 3405; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9974  


Rule 7.124 Resident Agent
(a) Licensees and applicants’ residing outside of Texas must designate in writing a resident agent for service of process in actions taken in the administration and enforcement of the Texas Structural Pest Control Act.

(b) Each resident agent must be a citizen of the state and maintain a permanent address within the state.

(c) Instead of designating a resident agent, the applicant may designate the Texas Secretary of State as the recipient of service of process for the applicant. The Texas Secretary of State is automatically designated as the recipient of service of process for the applicant absent a designation by the applicant.
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Source Note: The provisions of this §7.124 adopted to be effective June 1, 1984, 9 TexReg 2307; amended to be effective February 1, 1992, 17 TexReg 44; amended to be effective September 1, 2000, 25 TexReg 2065; amended to be effective February 1, 2005, 30 TexReg 395; amended to be effective June 13, 2005, 30 TexReg 3405; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189


Rule 7.125 Examinations
a) To take an appropriate examination administered by the department, an applicant must submit to the department not later than thirty (30) days prior to the scheduled examination session the appropriate form specifying the examination category desired and pay the fee for each exam requested. An individual who has previously qualified by written examination in a category shall receive a certified applicators license for the qualified category without reexamination upon renewal of a certified applicator license and meeting all requirements of these regulations. Each individual not previously qualified by written examination in the category or categories for which the license is requested must secure a certified applicator license by passing an appropriate examination administered by the department.

(b) In addition to passing the appropriate category examination, and in order to be eligible to obtain a certified commercial applicator license, the applicant must meet one of the following requirements:

(1) Have verifiable employment in the pest control industry under the supervision of a licensed certified applicator for at least twelve (12) months out of the past twenty-four (24) months and must have possessed a technician license for at least six (6) months.

(2) Furnish proof of previous verifiable employment, experience in the pest control industry, including out-of-state experience in pest control of at least twelve (12) months out of the past twenty-four (24) months from a previous occupation. The proof of experience must be provided by the applicant in the form of a notarized statement or a letter from the appropriate licensing entity.

(3) Have a degree or certificate in an area of the biological sciences, related to pest control, from an accredited two (2) or four (4) year college or university;

(4) An applicant with equivalent technical pest or pesticide field experience from a previous occupation; and

 (5) Qualifies under the hardship clause outlined in §7.128 of this title (relating to Loss of Responsible Certified Applicator or Business License Holder).

 (6) Each applicant testing for a certified applicator license must pass the general standards examination administered by the department to be eligible to be licensed in any of the categories in subsection (d)(20) of this section, Categories of Examinations.

(c) In addition to passing the appropriate category examination, and in order to be eligible to obtain a certified noncommercial applicators license, the applicant must meet one of the following requirements:

 (1) Have a degree or certificate in an area of the biological sciences related to pest control from an accredited two (2) or four (4) year college or university;

 (2) Have verifiable employment experience in the pest control industry, including out-of-state experience in pest control of at least twelve (12) months out of the past twenty-four (24) months from a previous occupation. The proof of experience must be provided by the applicant in the form of a notarized statement or a letter from the appropriate licensing entity;

 (3) Complete a Board approved minimum six (6) hour certified noncommercial technician training course;

 (4) Have verifiable employment in the pest control industry under the supervision of a licensed certified applicator for at least twelve (12) months out of the past twenty-four (24) months and must have possessed a technician license for at least six (6) months.

(d) Examination standards and requirements.

(1) Examinations will be given at least once each quarter based on the calendar year. The department may schedule more frequent examinations as resources permit.

 (2) A fee shall be charged for each examination administered by the department.

 (3) All examination fees are to be paid by the method determined by the department and payment must be submitted with the completed application.

 (4) Applicants must present a photo identification from the Texas Department of Public Safety or its equivalent from another state prior to taking an examination.

 (5) All examinations shall be maintained and administered by the department.

 (6) The applicant must take an examination, which may be in written or electronic form and in general, cover the subject of the categories designated on the application.

 (7) A grade of 70% will be the minimum grade required for passing.

 (8) Examinations shall only be administered in English.

 (9) Examinations are closed book.

 (10) Cheating is prohibited. Cheating consists of giving or receiving unauthorized assistance in answering examination questions, bringing unauthorized materials into the exam room or using unauthorized materials to answer examination questions, copying answers or using answers from another examinee, copying questions or answers to examination questions to take from the examination room, removing an examination booklet, answer sheet, or scratch paper from the examination room, or any other action which undermines the integrity of the examination process or that has the intent or effect of providing answers to examination questions that do not reflect each examinee’s own work or knowledge.

 (11) “Unauthorized assistance” means the use of any written or electronic information or communication during the examination, unless expressly permitted by written instruction or rule, or the receipt or provision of any verbal or written communication, that has the intent or effect of providing answers to examination questions that do not reflect the examinee’s own work or knowledge.

 (12) No written materials, scratch paper, or electronic devices, other than calculators, may be brought into the examination room or used during the examination.

 (13) Scratch paper will be provided by the department as necessary and must be returned to the examination proctor at the end of each examination.

 (14) The hands, arms, other body parts, or clothing or other possessions of the examinee may not contain any notes, formulas, or other markings, except for permanent tattoos which do not reproduce any information necessary for answering examination questions.

 (15) If an examinee is caught cheating, the examination proctor will confiscate or require the removal of any prohibited materials or information and will mark all answer sheets of the examinee to identify the examination as potentially tainted. The examinee will be asked to leave the examination room and will not be allowed to continue with the examination.

 (16) The examination proctor will file a report with the Structural Pest Control Service, along with all potentially tainted examination answer sheets, and a final determination will be made regarding the alleged cheating. The Service’s determination will be communicated to the examinee in writing. If the Service determines that cheating occurred, the examinee will have 30 days to file a written appeal on the decision. If the appeal is denied, the examinee will not be allowed to take an examination again during the 12-month period immediately following the date of the exam in question and all examination fees will be forfeited. If the appeal is upheld or if the Service determines that no cheating occurred, the examinee will be allowed to retake any tests scheduled for the date of the alleged cheating at no additional cost.

 (17) Upon a final determination that an examinee has cheated, any existing license of any type currently held by the licensee is subject to suspension or revocation.

 (18) Applicants who do not take a scheduled examination may not receive a refund of their examination fee unless they notify the department in writing at least ten (10) business days in advance of the examination date. Exceptions may be granted if there is an emergency such as a death or serious illness in the family.

 (19) Persons who make a passing grade and qualify for a certified applicator license must obtain a license within (12) twelve months of the grade notification date or be retested.

 (20) Examinations will be administered, maintained, and evaluated on a routine basis as determined by department examination policy in the following categories.

   (A) Pest Control–This category includes persons engaged in the inspection or control of pests in and around structures or pest animals which may invade homes, restaurants, stores, and other buildings, attacking their contents or furnishings or being a general nuisance, but do not normally attack the building itself. Examples of such pests are cockroaches, silverfish, ants, fleas, ticks, flies, mosquitoes, rats, mice, skunks, raccoons, opossums, etc.

   (B) Termite and Wood Destroying Insect Control–This category includes persons engaged in the inspection or control of termites, beetles, or other wood destroying insects and wood preservation by means other than fumigation in buildings, including homes, warehouses, stores, docks, or any other structures. This category includes the treatment of termites in trees in and around structures.

   (C) Lawn and ornamental–This category includes persons engaged in the inspection or control of pests or diseases of trees, shrubs, or other plantings in a park or in and around structures, business establishments, industrial parks, institutional buildings or streets.

   (D) Weed Control–This category includes persons engaged in the inspection or control of weeds around homes and industrial environs.

   (E) Structural Fumigation–This category includes persons engaged in pest inspection or control through fumigation of structures not primarily intended to contain food, feed or grains.

   (F) Commodity Fumigation–This category includes persons engaged in pest inspection or control through fumigation of commodities or structures normally used to contain commodities. This category does not include raw agricultural commodities.

   (G) Wood Preservation–This category includes persons engaged in that phase of pest control that involves the addition of preservatives to wood products to extend the life of the wood products by protecting them from damage caused by insects, fungi, and marine borers. Examples of wood products may include, crossties, poles, and posts. This includes the retreatment of power-line poles with wood preservative pesticide including fumigants.

 (21) Each applicant testing for a certified applicator license must pass the general standards examination administered by the department to be eligible to be licensed in any of the categories in this section.

(e) License applications submitted by military service members, military veterans, and military spouses as defined in the Texas Occupations Code, Chapter 55, will be evaluated to determine if experience equivalent to subsections (b) and (c) of this section have been met, and credit will be applied accordingly.

(f) License applications of military spouses, as defined in Texas Occupations Code, Chapter 55, shall be processed on an expedited basis.

(g) If a qualified military spouse applicant has held a license issued by another jurisdiction for twelve (12) months out of the past twenty-four (24) months, the department shall allow the applicant to forego registering as an apprentice and the subsequent training requirement as well as the technician level of license, and take certified applicator exams. For purposes of this subsection, proof of having held a license issued by another jurisdiction must be in the form of a letter from the appropriate licensing entity stating the type of license held and how long the applicant has held the license.
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Source Note: The provisions of this §7.125 adopted to be effective June 1, 1984, 9 TexReg 2307; amended to be effective January 1, 1988, 12 TexReg 3775; amended to be effective September 18, 1989, 14 TexReg 4545; amended to be effective February 1, 1992, 17 TexReg 46; amended to be effective July 20, 1994, 19 TexReg 5481; amended to be effective October 10, 1995, 20 TexReg 7825; amended to be effective December 1, 1999, 24 TexReg 9290; amended to be effective September 1, 2000, 25 TexReg 2065; amended to be effective July 29, 2001, 26 TexReg 5641; amended to be effective February 1, 2005, 30 TexReg 395; amended to be effective June 13, 2005, 30 TexReg 3406; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9974; amended to be effective January 29, 2014, 39 TexReg 396


Rule 7.126 License Expiration and Renewal
(a) Each license(s) shall expire twelve (12) months from the date issued or immediately upon the date that the business liability insurance expires, whichever comes first. The insurance expiration date will be determined by the date on the certificate provided to the department by the business licensee, and any policy amendments or cancellation notices issued after the effective date.

(b) Businesses and certified noncommercial applicators that change insurance coverage during a licensed period may have the license expiration extended to the new policy date, if there has not been a lapse in coverage, by paying additional fees for each license to the new expiration date. Certified applicators and technicians who change employers may also pay additional license fees to the new expiration date of the business or other entity under which they are operating.

(c) Licenses must be renewed by submitting a renewal application to the department, paying the required fee, and meeting any additional requirements of the department under §7.123 of this title (relating to Insurance Requirement) and subsection (g) of this section, 30 days prior to the license expiration date. Military spouses, as defined in Texas Occupations Code, Chapter 55, may request on their application form for license renewal to be expedited, as long as they meet all other licensing requirements. Submitting a renewal application after the license expiration date makes the license renewal application subject to late fees. A renewal application is not considered to be submitted unless it is entirely completed and correct, submitted with the correct fees, and satisfying any additional requirements determined by department rules. Applicants who apply for a renewal license more than 60 days after the license expiration date will be required to be reexamined to obtain a license.

(d) Licenses issued by the department may not be transferred, borrowed, rented, leased or loaned.

(e) Whenever a licensee changes the mailing address, business location address or telephone number, the licensee must notify the department in a written or electronic manner within ten (10) business days of the effective date of the change. A license may be reprinted upon payment of a fee.

(f) The department, in determining whether additional testing or training must be required of current licensees before renewal of their license, may consider changes in technology, pesticide related problems, the performance of individual licensees or competency of individual licensees. If general retraining or retesting is required for all applicators in a category or subcategory, the department will publish notice at least six months in advance of the license renewal date. If individual retraining or testing is required as a result of the applicator’s performance or inability to perform, the department may give notification and set a time and place of retraining.

(g) All certified applicators are required to certify to the department the number of continuing education credits they have accumulated in each category during the prior calendar year, running from January 1 to December 31, pursuant to §7.134 of this title (relating to Continuing Education Requirements for Certified Applicators). Failure to do so will prevent the license from being renewed.

(h) Certified noncommercial applicators who have been licensed for a minimum of two years may become certified commercial applicators by requesting an additional license or change of license and paying the required license fee. Certified commercial applicators may become certified noncommercial applicators by requesting an additional license or change of license and paying the required license fee.
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Source Note: The provisions of this §7.126 adopted to be effective June 1, 1984, 9 TexReg 2307; amended to be effective January 1, 1988, 12 TexReg 3775; amended to be effective August 3, 1988, 13 TexReg 3635; amended to be effective January 1, 1990, 13 TexReg 5971; amended to be effective February 1, 1992, 17 TexReg 44; amended to be effective July 20, 1994, 19 TexReg 5481; amended to be effective October 10, 1995, 20 TexReg 7825; amended to be effective December 27, 1999, 24 TexReg 11758; amended to be effective February 1, 2005, 30 TexReg 395; amended to be effective June 13, 2005, 30 TexReg 3406; amended to be effective September 1, 2005, 30 TexReg 4977; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9974; amended to be effective January 29, 2014, 39 TexReg 396


Rule 7.127 Fees
Applicants and licensees will be charged the following fees:

(1) $300 for a business license;

 (2) $125 for a certified applicators license;

 (3) $125 for a technician license;

 (4) $64 for administering exams in each category;

 (5) a renewal fee for applications received 90 days or less after expiration date equal to 1-1/2 times the normally required renewal fee; and

 (6) a renewal fee for applications received greater than 90 days but less than one year after expiration date equal to 2 times the normally required renewal fee.
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Source Note: The provisions of this §7.127 adopted to be effective June 1, 1984, 9 TexReg 2307; amended to be effective January 1, 1988, 12 TexReg 3775; amended to be effective September 18, 1989, 14 TexReg 4545; amended to be effective October 2, 1990, 15 TexReg 5409; amended to be effective February 1, 1992, 17 TexReg 44; amended to be effective June 5, 1992, 17 TexReg 3783; amended to be effective December 15, 1993, 18 TexReg 8914; amended to be effective October 10, 1995, 20 TexReg 7826; amended to be effective December 1, 1999, 24 TexReg 9003; amended to be effective May 24, 2000, 25 TexReg 4539; amended to be effective October 9, 2001, 26 TexReg 7868; amended to be effective September 5, 2004, 29 TexReg 8525; amended to be effective February 1, 2005, 30 TexReg 396; amended to be effective June 13, 2005, 30 TexReg 3406; amended to be effective September 1, 2005, 30 TexReg 4978; amended to be effective April 11, 2006, 31 TexReg 3032; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9974; amended to be effective September 11, 2011, 36 TexReg 5667; amended to be effective September 16, 2012, 37 TexReg 7285; amended to be effective April 8, 2013, 38 TexReg 2221; amended to be effective January 1, 2016, 40 TexReg 9615


Rule 7.128 Loss of Responsible Certified Applicator or Business License Holder
(a) In the event of disability, incapacity, or death of the business license holder, and upon application of heir electing to continue the business or noncommercial operation, the Director may allow the operation to continue for a period not to exceed six (6) months. The department must be notified in writing within twenty (20) business days of the disability, incapacity or death of the business license holder.

(b) Upon the disability, incapacity, death or loss of a responsible certified applicator, or certified applicator for a noncommercial operation, the business license holder or the noncommercial operation, may request that the Director allow the operation to continue until the next examination date or a reasonable time period as determined by the Director. The department must be notified in writing within twenty (20) business days of the date of the disability, incapacity, loss or death of the certified applicator.

(c) In the event the Director grants the request for a business or facility to operate for a period of time without the presence of a responsible certified applicator or certified applicator, the operation may only apply general use pesticides during the granted period or until a responsible certified applicator or certified applicator, as appropriate, is employed and/or designated.
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Source Note: The provisions of this §7.128 adopted to be effective June 1, 1984, 9 TexReg 2307; amended to be effective October 10, 1995, 20 TexReg 7826; amended to be effective December 27, 1999, 24 TexReg 11759; amended to be effective February 1, 2005, 30 TexReg 396; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9974


Rule 7.129 Licensing of Persons with Criminal Backgrounds
(a) The department performs criminal background checks on each applicant for examination or a license. Applications to examine for or receive a license, including a renewal, may be delayed as the result of evaluating any criminal activity revealed by this criminal background check.

(b) No currently incarcerated person is eligible to obtain or renew a pest control license.

(c) The department may revoke, suspend, annul, or amend an existing license, disqualify a person from receiving or renewing a license, or deny to a person the opportunity to be examined for a license because of a person’s conviction of a felony or a misdemeanor, if the crime directly relates to the performance of the occupation or activity for which the license is issued and the prior criminal conviction directly affects such person’s present fitness to perform such occupation or activity.

(d) In determining whether a criminal conviction directly relates to the performance of a licensed occupation or activity, the department shall consider:

 (1) the nature and seriousness of the crime;

 (2) the relationship of the crime to the purposes for requiring a license to engage in the occupation;

 (3) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; and

 (4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the licensed occupation.

(e) In making a determination in a particular case, the crimes which the department considers as likely to be directly related to the performance of the licensed occupation or activity include, but are not limited to:

 (1) any felony or misdemeanor of which fraud, dishonesty, or deceit is an essential element;

 (2) any criminal violation of Texas Structural Pest Control Act (Occ. Code Chpt. 1951);

 (3) any criminal violation of statutes regulating the particular occupation or activity for which licensing is sought;

 (4) any crime involving moral turpitude;

 (5) murder;

 (6) burglary;

 (7) robbery;

 (8) sexual assault;

 (9) theft;

 (10) sexual assault of a child;

 (11) possession of controlled substances;

 (12) assault;

 (13) larceny;

 (14) multiple convictions for the same crime; and

 (15) falsification of a government document.

(f) In determining whether a criminal conviction directly affects a person’s present fitness to hold a license under the Texas Structural Pest Control Act, the department shall consider the following factors:

 (1) the extent and nature of the person’s past criminal activity;

 (2) the age of the person at the time of the commission of the crime;

 (3) the amount of time that has elapsed since the person’s last criminal activity, or release from a penal institution or court supervision;

 (4) the conduct and work activity of the person prior to and following the criminal activity;

 (5) evidence of the person’s rehabilitation or rehabilitative effort while incarcerated or following release;

 (6) other evidence of the person’s present fitness, including letters or recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the person; the sheriff and chief of police in the community where the person resides; and any other persons in contact with the convicted person.

(g) It is the responsibility of the applicant to the extent possible to secure and provide to the department the recommendations of the prosecution, law enforcement, and correctional authorities. The applicant must also furnish proof in such form as may be required by the department that the applicant has maintained a record of steady employment, supported dependents, maintained a record of good conduct, and paid all outstanding court costs, supervision fees, fines, and restitution as may have been ordered in all criminal cases in which convicted.
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Source Note: The provisions of this §7.129 adopted to be effective June 1, 1984, 9 TexReg 2307; amended to be effective February 1, 1992, 17 TexReg 44; amended to be effective September 1, 2000, 25 TexReg 2066; amended to be effective February 1, 2005, 30 TexReg 396; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9974


Rule 7.131 Certified Noncommercial Applicator Restrictions
A certified noncommercial applicator may not perform commercial pest control services or perform any structural pest control services for a person other than the employer for whom the applicator is certified as a certified noncommercial applicator. A certified noncommercial applicator must not be associated with a licensed structural pest control business unless the applicator is also a certified commercial applicator or technician.
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Source Note: The provisions of this §7.131 adopted to be effective February 1, 1992, 17 TexReg 46; amended to be effective December 27, 1999, 24 TexReg 11759; amended to be effective February 1, 2005, 30 TexReg 397; amended to be effective June 13, 2005, 30 TexReg 3406; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189


Rule 7.133 Technician License Requirements
(a) An apprentice is a beginning employee, whose training program is the responsibility of the responsible certified applicator and who may be trained by and work under the direct supervision of licensed applicators and technicians.

(b) An apprentice must be at least 16 years of age.

(c) An apprentice must be able to demonstrate proficiency in reading U.S. Environmental Protection Agency approved pesticide labels and warnings.

(d) An apprentice must submit an application for technician license within ten (10) days of beginning employment.

(e) The application must include the following information:

 (1) legal name;

 (2) physical home address;

 (3) date employment began in licensed activity;

 (4) social security number;

 (5) driver’s license number; and

 (6) date of birth.

(f) A fee shall be charged for each application.

(g) An apprentice card will be issued by the department for one (1) year from the date employment began when all of the above requirements are met and processed.

(h) Apprentices must not perform any pest control work without the physical presence of a licensed technician or a certified applicator. Upon completion of and documentation of the required study and on-the-job training and demonstrating competency in each area, the apprentice may work alone so long as a certified applicator is physically present for personal instruction three (3) days a week. The studies and job training required for an apprentice are as follows:

 (1) complete at least two hours of classroom training in each of the following subjects:

   (A) federal and state laws that regulate the industry;

   (B) recognition of pests and pest damage;

   (C) pesticide labels and label comprehension;

   (D) pesticide safety;

   (E) environmental protection;

   (F) application equipment and techniques;

   (G) pesticide formulations and actions;

   (H) emergency procedures, pesticide cleanup and procedures for immediate reporting of spills and  misapplication;

   (I) basic principles of mathematics, chemistry, toxicology and entomology; and

   (J) non-chemical pest control techniques, including biological, mechanical and integrated pest management techniques.

 (2) complete forty (40) hours of verifiable on-the-job training and eight (8) hours of classroom training in each category in which the apprentice is to provide pest control services. The responsible certified commercial applicator or certified noncommercial applicator must certify in the training records of each apprentice that the apprentice has completed the required training and has demonstrated competency in each category in which the apprentice is to provide service.

 (3) a student currently enrolled in or who has attended or graduated within the past twelve months from an accredited school or university studying relevant materials may be credited with those courses for classroom training hours for apprenticeship, if those hours have been provided by the school or university.

 (4) an apprentice may maintain an apprentice card for a maximum of twelve (12) months. If an apprentice has not passed the requirements to become a licensed technician in the twelve (12) month period, the individual may be re-registered as an apprentice and complete all training requirements for an apprentice. Previous training credit may not be applied to this requirement.

(i) Apprentice Records.

 (1) The responsible certified commercial applicator or certified noncommercial applicator must maintain the verifiable training records and certification for each apprentice in the business files. These are to be kept at least two (2) years from the training or certification date.

 (2) The above records are to be kept on a form prescribed by the department and must include, but are not limited to the following:

   (A) date training records received;

   (B) number of hours of training;

   (C) subject of training;

   (D) printed name, signature and license number of trainer;

   (E) designation of on-the-job training or classroom training;

   (F) competency evaluation by the certified applicator; and

   (G) printed name, signature and license number of evaluator.

(j) When an apprentice changes employers, the employer who maintains the verifiable training records must make the verifiable training records available to the apprentice or the new employer within twenty (20) days of written request.

(k) It is a violation of this section for a business licensee or certified noncommercial applicator to allow an apprentice to perform work in a category in which the apprentice has not been properly trained. The certified applicator must be physically present to give personal instructions to an apprentice at least three (3) days a week.

(l) An apprentice becomes a licensed technician by;

 (1) completing a department approved technician training course in general training at least one time prior to taking the examination.

 (2) making a passing grade on the technician examination.

   (A) The examination may be taken as many times as necessary in the twelve (12) month period the employee is holding an apprentice card.

   (B) There shall be a fee charged per examination.

   (C) The Technician Training Manual may be obtained from the Texas AgriLife Extension Service.

   (D) An individual must pass each category examination in which the apprentice applies to become licensed. Re-examination is not necessary if the license is renewed annually.

 (3) Persons making a passing grade and who qualify for a technician license will be issued a license upon issuance of the grades.

(m) All testing procedures shall be governed by §7.125 of this title (relating to Examinations).

(n) The department shall require as a condition to the renewal of each commercial or non-commercial technician’s license granted pursuant to the provisions of this section, the responsible certified applicator of record to certify on the verifiable training records form that the technician has completed eight (8) hours of verifiable training for the preceding calendar year running from January 1 to December 31 preceding the renewal date except that no additional training will be required in the first calendar year in which a technician is first licensed. This certification must be verified upon each annual renewal of the technician license. Failure to do so will prevent the license from being issued. Licensees must obtain the appropriate number of verifiable training hours in the preceding 12-month calendar year period. Changing employers or moving to an inactive status does not alleviate this responsibility or add time to the continuing education requirements.

 (1) The eight (8) hours of verifiable training must be selected from the following subject areas:

   (A) Federal and state laws regulating structural pest control and pesticide application

   (B) Recognition of pest and pest damage

   (C) Pesticide labels and label comprehension

   (D) Pesticide safety

   (E) Environmental protection

   (F) Application equipment and techniques

   (G) Pesticide formulations and actions

   (H) Emergency procedures and pesticide cleanup, and procedures for the immediate reporting of      spills and misapplications

   (I) Basic principles of mathematics, chemistry, toxicology, and entomology

   (J) Non-chemical pest control techniques including biological, mechanical and integrated pest management techniques.

 (2) Two (2) hours of the eight (8) hours of training may be on-the-job training or hands-on-training verified by the responsible certified applicator.

 (3) Internet training or videotape training may be used if the certified applicator certifies that the training is the appropriate training.

 (4) A technician will receive an hour for hour credit if a department approved continuing education unit course is completed.

 (5) No courses may be repeated for credit within the same recertification year.

(o) Upon written request, the Director may grant a hardship extension to a technician due to extenuating circumstances.

(p) All verifiable training records must be made available to the department upon request. These verifiable training records must be kept on a format provided by the department in the business file for at least two (2) years after completion of training.

(q) The verifiable training records forms will be made available to the licensee within twenty (20) days of written request.
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Source Note: The provisions of this §7.133 adopted to be effective January 1, 1996, 20 TexReg 7826; amended to be effective December 1, 1999, 24 TexReg 9290; amended to be effective September 1, 2000, 25 TexReg 2067; amended to be effective January 11, 2001, 26 TexReg 198; amended to be effective July 29, 2001, 26 TexReg 5641; amended to be effective February 1, 2005, 30 TexReg 397; amended to be effective June 13, 2005, 30 TexReg 3407; amended to be effective September 10, 2006, 31 TexReg 7126; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9974


Rule 7.135 Criteria and Evaluation of Continuing Education
(a) The department shall evaluate continuing education programs, and assign the number of category units for each one. No more than one unit will be assigned for any fifty (50) minutes of net actual instruction time. A course may be approved for a maximum of two (2) consecutive years. After a maximum of two (2) years, any previously approved course must have substantial changes in order to qualify for continuing education credit. The department will consider the learning objectives, technical information given, the accuracy of the information, the relevance of the information to structural pest control, the qualifications of the instructor, and the amount of actual training or self-study time devoted to each program in the process of evaluation. Each continuing education program, including self-study and electronic courses submitted for approval must contain the following:

 (1) a copy of handout materials, if any, which will be distributed to participants during the course;

 (2) inclusive length of time of the course stated in hours, and minutes except electronic and self-study courses;

 (3) date, time, physical address, and city of presentation or examination for self-study courses or electronic courses or if unknown, agreement to provide two (2) weeks notice of each date of presentation or examination;

 (4) category(ies) and number of units in which continuing education units are requested;

 (5) a detailed course outline which will indicate the scope of the course and learning objectives; and

 (6) additional information as requested.

(b) If the speaker, self-study course provider or electronic provider has not been previously approved, the minimum requirements to qualify as a speaker, course presenter, self-study or electronic course provider are:

 (1) a degree from a recognized institution of higher learning which pertains to the course being taught; or

 (2) five (5) years experience as an applicator certified by the department with a current license in the category to be taught; or

 (3) verifiable proof of training and teaching experience within the preceding three (3) years; or

 (4) a combination of education, work related training, and teaching experience which, in the opinion of the department, would be equivalent to two of the three requirements as previously stated.

(c) Any person seeking approval of a training course must submit the information required at least thirty (30) days prior to the first day of presentation or first offering of an electronic or self-study course. The department may waive this requirement due to special circumstances. The department must evaluate and recommend credits within thirty (30) days from the date submitted.

(d) Parts of courses, which focus on promotion of products, policies, or procedures of a company, cannot be included for units. Courses and instructors may be re-evaluated at the discretion of the department. Any changes to courses must be submitted to the department thirty (30) days prior to the date of presentation.

(e) The department may re-evaluate its approval of a course or speaker under the provisions of subsection (a) and (b) of this section.

(f) The department may enter into a memorandum of agreement with a state or professional society or association to recognize the state’s pesticide applicator recertification of the society’s professional applicator recertification or satisfaction of the requirements of this section for commercial and noncommercial applicator recertification only if:

 (1) the standards for recertification meet or exceed the standards of the recertification period as set out in this section;

 (2) the agreement reduces duplication of effort and does not increase the record keeping burden of the department.

(g) A certified applicator may submit the information required in subsection (a)(2), (4) and (5) of this section, the names of instructors and verification of attendance for any course attended by the certified applicator which was not previously approved within thirty (30) days of attendance of the course. The department will notify the certified applicator of any units awarded.

(h) Each continuing education program, including self-study and electronic courses submitted for approval must be accompanied by the following information on each speaker, self-study course or electronic course:

 (1) name, address, telephone number and company, organization, or institution of higher learning affiliation;

 (2) a resume which includes, but is not limited to, the following information;

   (A) formal education – degrees held and granting institutions;

   (B) industry-related technical experience which relates to the subject matter to be taught;

(C) industry-related teaching experience which relates to the subject matter to be taught;

   (D) address and telephone number of at least three references;

   (E) membership in trade associations and/or professional organizations; and

   (F) publications as sole or junior author.

(i) The sponsor’s name, physical address and telephone number will accompany each continuing education program submitted for approval.

(j) Each sponsor must institute a means or system that verifies that participants attended the training program throughout its stated length or completed self-study program. These systems may include, but are not limited to, sign-in-sign-out rosters, course completion certificates, or the system may be incorporated into the means to verify the participant’s comprehension of a subject matter presented. The sponsor or instructor must be alert and actively monitor the participants in the course.

(k) The sponsor must issue a certificate of completion within twenty-one (21) days of course to each applicator completing the course. This document must include at least the following information:

 (1) certified applicator name and certified applicator assigned number;

 (2) name of sponsor or sponsoring agency, company or organization;

 (3) number and category of continuing education units awarded; and

 (4) date and location of training or verification test.

(l) The sponsor must maintain course completion records for two (2) years and a list of participants must be forwarded to the department within twenty-one (21) days of completion of the training course. The list must contain name of sponsor, course title and course number(s), number of units awarded, speaker name and number(s), name of attendee and license number, if applicable.

(m) For purposes of this section, a course is defined as specific instruction in a category presented by any one sponsor, company or organization.

(n) “Sponsor” means the person, company or organization that compiles, organizes, writes and/or produces category specific training courses to be given at a training seminar submitted to the department for approval as a continuing education program for recertification units. The sponsor is responsible for establishing procedures for verification of completion and comprehension of its courses, and for awarding course completion certificates. The sponsor is responsible for the qualifications, competence and performance of the authors, speakers, presenters, or instructors who produce or present its courses, and for performance of self-study course examination.

(o) Videotapes, slides or other media presentations shall not be approved by the department unless accompanied by a qualified speaker and course outline, as required by subsections (a) and (c) of this section or unless approved as a self-study course under subsection (h) of this section.

(p) Personnel of the department are exempt from any fee charged for a continuing education program if they are monitoring the program as a part of the duties of their employment.

(q) A course may be approved as a self-study or electronic course if it meets the following additional criteria:

 (1) attendees must take an examination designed to verify their knowledge of the material provided in the course. The course sponsors must grade the examination and keep records for a minimum of two (2) years.

 (2) the attendee’s grade on the examination must be at least 70% correct to obtain credit for the course.

(3) the examination for a self-study course must be proctored by the course provider or person responsible to the course provider. The examination location must be made available and accessible to department staff.

 (4) a self-study course examination proctor must be a certified applicator licensed by the department. Anyone serving as an examination proctor may not take a verification exam for credit while serving as a monitor. The department must be notified to time, physical address, and city two weeks prior to each self-study course examination. The department may waive this requirement upon written request by the applicant taking the self-study course.

(r) A course may be approved as an electronic course if verified by the responsible certified applicator of the pest control company and/or noncommercial entity.

(s) A self-study course or electronic course is limited to one continuing education unit in the general training or a specific category.

(t) The department may re-evaluate or cancel a currently approved continuing education course during the calendar year for failure to comply with the elements of the course as outlined in this section.
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Source Note: The provisions of this §7.135 adopted to be effective February 1, 1992, 17 TexReg 44; amended to be effective June 5, 1992, 17 TexReg 3783; amended to be effective July 20, 1994, 19 TexReg 5481; amended to be effective April 16, 1997, 22 TexReg 3419; amended to be effective September 11, 1997, 22 TexReg 9000; amended to be effective December 1, 1999, 24 TexReg 9290; amended to be effective June 1, 2000, 25 TexReg 2068; amended to be effective February 1, 2005, 30 TexReg 398; amended to be effective June 13, 2005, 30 TexReg 3407; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9974; amended to be effective July 7, 2009, 34 TexReg 4506; amended to be effective January 1, 2016, 40 TexReg 9615


Division 3 Compliance and Enforcement


Rule 7.141 Identification of Licensees and Apprentices
(a) Each individual licensee and apprentice shall carry their license or registration card with them at all times when performing structural pest control activities.

(b) Upon request, each individual licensee and apprentice shall present their license or registration card to:

 (1) a customer;

 (2) an employee of the Department;

 (3) an employee of the Department of State Health Services;

 (4) an employee of the U.S. Environmental Protection Agency; or

 (5) a state or federal law enforcement officer.

(c) Upon request, each individual licensee and apprentice shall present a state driver’s license, state identification card, or other government issued photo identification to a customer to verify the licensee’s or apprentice’s identity.

(d) Upon request, a business licensee shall present or provide access to their business license at their place of business to:

 (1) a customer;

 (2) an employee of the Department;

 (3) an employee of the Department of State Health Services;

 (4) an employee of the U.S. Environmental Protection Agency; or

 (5) a state or federal law enforcement officer.

(e) Each business and individual licensee and apprentice shall maintain their license or registration card so that all information on the license or card is legible and shall apply with the Department for a replacement license or card within ten calendar days of any information on the license or card becoming illegible.

(f) A business or individual licensee or apprentice shall not add to, alter, deface, or otherwise modify any information placed on their license or card by the Department.

(g) A business licensee shall prominently display its business license number on all vehicles used by the business licensee for customer contact or service. For purposes of this section, prominently displayed means:

 (1) permanently affixed (use of magnetic devices to adhere license numbers shall not meet the requirements of this section);

 (2) preceded by “Texas Pest Control License #” or “TPCL #”;

 (3) on either both front fenders or both front door panels;

(4) in letters and numbers no less than two inches in height and one inch in width; and

 (5) in a color that contrasts with the background color of the truck or vehicle.

(h) A vehicle shall display the business license number of each business for which the vehicle is used.
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Source Note: The provisions of this §7.141 adopted to be effective December 21, 2015, 40 TexReg 9116


Rule 7.142 Employee Registration
(a) It shall be the duty of the business licensee or certified noncommercial applicator to inform the department in writing of the employment and termination of all licensees and apprentices

(b) Notice of employment must be furnished within ten (10) days of the date of employment and must include the full name and license number, if applicable, of the employee, the date of employment, and the location where the employee training records will be maintained, and other information as may be required. This notice must be provided on a form as prescribed by the department.

(c) Notice of termination must include the employee name, license number and date of termination, and be provided to the department within ten (10) days of the date of termination.
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Source Note: The provisions of this §7.142 adopted to be effective June 1, 1984, 9 TexReg 2307; amended to be effective January 1, 1988, 12 TexReg 3775; amended to be effective February 1, 1992, 17 TexReg 47; amended to be effective December 15, 1993, 18 TexReg 8914; amended to be effective January 1, 1996, 20 TexReg 7827; amended to be effective March 5, 1996, 21 TexReg 1540; amended to be effective September 1, 1999, 24 TexReg 6300; amended to be effective September 1, 2000, 25 TexReg 5629; amended to be effective May 5, 2005, 30 TexReg 2514; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9982


Rule 7.143 Employee Supervision

(a) The responsible certified applicator is responsible for the supervision and training of all licensed or registered personnel and the handling, storage and use of pesticides and devices by all employees of a pest control business.

(b) In order to provide adequate supervision, the responsible certified applicator or a designated certified applicator must be physically present to give personal instructions to a technician or apprentice at least three (3) days a week. The technician or apprentice must personally report to a certified applicator at least three (3) days a week to receive instructions.

(c) Apprentices must not perform pest control services without physical supervision until they have completed all classroom training, required on-the-job training, have demonstrated proficiency and verification has been entered in their records by a licensed applicator.

(d) The business license holder, and the responsible certified commercial applicator or certified noncommercial applicator shall be responsible for actions of employees when they are performing pest control operations.
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Source Note: The provisions of this §7.143 adopted to be effective June 1, 1984, 9 TexReg 2307; amended to be effective January 1, 1988, 12 TexReg 3775; amended to be effective February 1, 1992, 17 TexReg 47; amended to be effective December 15, 1993, 18 TexReg 8914; amended to be effective July 20, 1994, 19 TexReg 5482; amended to be effective January 1, 1996, 20 TexReg 7827; amended to be effective September 1, 2000, 25 TexReg 5629; amended to be effective May 5, 2005, 30 TexReg 2514; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9982


Rule 7.144 Pest Control Use Records
(a) The responsible certified applicator or, in the case of the certified noncommercial applicator, the certified applicator, shall ensure that correct and accurate records of all uses of pesticides and pest control devices registered with the United States Environmental Protection Agency and the department are maintained for a period of two (2) years. Said records must be kept on the premise of the business licensee or, in the case of a certified noncommercial applicator, the employer’s premises. The records must include, but are not limited to:

 (1) routine operational data, name and address of the customer;

 (2) name of pesticides or devices used or EPA registration number;

 (3) total amounts of each pesticide applied where the percentage of active ingredient was not changed;

 (4) device used and total number of each device;

 (5) for manufacturer’s formulations that are mixed with water or other material, the mixing rate and total amount of material applied or the percent of active ingredient(s) and total amount of material applied;

 (6) purpose for which the pesticides or devices were used or target pest;

 (7) date the pesticides or devices were used;

 (8) service address where the pesticides and devices were used, except that for utility pole re-treatments, records shall be kept for the location of each pole treated; and

 (9) the name, and license number of the person(s) applying pesticides or using devices or name of the technician or apprentice and license number of the supervising certified applicator if the technician or apprentice have not been assigned a license or registration number.

(b) If a physical device is used, the appropriate unit of measurement (square foot, cubic foot, or linear foot) of the physical device must be recorded and a diagram describing the installation will be provided.

(c) These records shall be made available to the department or its authorized agents upon written or verbal request.
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Source Note: The provisions of this §7.144 adopted to be effective June 1, 1984, 9 TexReg 2307; amended to be effective September 1, 1987, 12 TexReg 901; amended to be effective February 1, 1992, 17 TexReg 47; amended to be effective September 1, 2000, 25 TexReg 5630; amended to be effective June 5, 2003, 28 TexReg 4279; amended to be effective May 5, 2005, 30 TexReg 2515; amended to be effective September 10, 2006, 31 TexReg 7126; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9982


Rule 7.145 Contracts
(a) Each written contract, warranty, service agreement, termite disclosure document or guarantee of a business regulated by the department must contain on the face of the document the business name, business license number and letter, location address or mailing address, telephone number and the statement; (this has been reformatted for visual effects)

“Licensed and Regulated by:
Texas Department of Agriculture,
PO Box 12847, Austin, TX 78711-2847
Phone (866) 918-4481, (FAX) 888-232-2567″.

(b) The business name, business license number and letter, telephone number and location address or mailing address must be on the face of any invoice.

(c) The requirement in subsection (a) and (b) of this section must be legible and printing shall be in at least 8-pt type.
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Source Note: The provisions of this §7.145 adopted to be effective June 1, 1984, 9 TexReg 2307; amended to be effective February 1, 1992, 17 TexReg 47; amended to be effective September 1, 1998, 23 TexReg 8439; amended to be effective September 1, 1999, 24 TexReg 6300; amended to be effective September 1, 2000, 25 TexReg 5630; amended to be effective May 5, 2005, 30 TexReg 2515; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9982


Rule 7.146 Pest Control Sign (aka 48 hour notice)
(a) A pest control sign must be provided by the licensee to the owner or manager at least 48 hours prior to a planned indoor treatment at a residential rental property with five or more rental units.

(b) A pest control sign must be provided by the licensee to the employer or building manager at least 48 hours prior to a planned indoor treatment at a workplace. A workplace is defined as any nonresidential structure with three or more full-time paid employees which is treated by a licensed business or a certified noncommercial applicator.

(c) A pest control sign must be provided by the licensee to the chief administrator, IPM Coordinator or building manager at least 48 hours prior to a planned indoor treatment at a hospital, nursing home, hotel, motel, lodge, warehouse, food-processing establishment, school or educational institution, or day-care center. This requirement does not apply for new construction on school campuses where students have not yet been introduced.

(d) An indoor treatment includes a perimeter treatment if the primary purpose of the treatment is to treat the interior of the structure.

(e) A person may not be considered in violation of this section if the space to be treated is vacant, unused and unoccupied at the time of treatment, or if extenuating circumstances require an emergency treatment.

(f) Each pest control sign must be at least 8 1/2 inches by 11 inches in size and contain the required information with the first line in a minimum of 24-point type (one-fourth inch) and all remaining lines in a minimum of 12-point type (one-eighth inch). The addition of advertising and logos to the sign is permissible to the extent that such advertising does not interfere with the purpose of public notification of a pest control treatment. A standard sign in Spanish is available from the department upon request. The sign shall appear in a format approved by the department. The text and format of the sign is available on the Structural Pest Control Service website at: http://www.tda.state.tx.us/spcs/, or by contacting the Texas Department of Agriculture at P.O. Box 12847, Austin, TX 78711-2847, Phone (866) 918-4481.

(g) In the space marked “For more information call or contact,” the telephone number where information on the pesticide(s) used may be obtained must be listed, such as the apartment manager, building manager, IPM Coordinator or pest control operator.

(h) In the space marked “phone number of hotline for pesticide information,” the following wording must be used: National Pesticide Information Center 1-800-858-7378.

(i) If a workplace has its own pesticide information center, the workplace center telephone number may be listed rather than the information in subsection (h) of this section.
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Source Note: The provisions of this §7.146 adopted to be effective February 1, 1992, 17 TexReg 47; amended to be effective June 5, 1992, 17 TexReg 3783; amended to be effective October 24, 1996, 21 TexReg 10179; amended to be effective July 8, 1997, 22 TexReg 6097; amended to be effective September 1, 2000, 25 TexReg 5630; amended to be effective June 5, 2003, 28 TexReg 4279; amended to be effective May 5, 2005, 30 TexReg 2515; amended to be effective September 10, 2006, 31 TexReg 7127; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9982


Rule 7.147  Consumer Information Sheet
(a) For an indoor treatment at a private residence that is not a rental property the certified applicator or technician must give the consumer information sheet to the owner of the residence before each treatment begins, or, if the owner is not available at the time treatment begins, leave the sheet in a conspicuous place in the residence.

(b) For indoor treatment at a residential rental property with less than five (5) rental units, the certified applicator or technician must leave the consumer information sheet in the residence at the time of each treatment.

(c) For an indoor treatment at a residential rental property with five (5) or more rental units, the certified applicator or technician must supply the consumer information sheet to the owner or manager of the complex. The certified applicator or technician must also supply the owner or manager with a pest control sign. The owner or manager or an employee or agent of the owner or manager, other than the certified applicator or technician, must notify residents who live in direct or adjacent areas of the treatment by:

 (1) posting the sign in an area of common access of residents at least 48 hours before each planned treatment; or

 (2) distributing the information sheet at least 48 hours before each planned treatment by leaving the sheet on the front door of each unit or in a conspicuous place inside each unit.

(d) For an indoor treatment at a workplace, the certified applicator or technician must supply the consumer information sheet and a pest control sign to the employer or the building manager. The employer or the building manager or an employee or agent of the owner or manager, other than the certified applicator or technician, must notify individuals at the workplace of the date of the planned treatment by:

 (1) posting the sign in an area of common access that the employees are most likely to see at least 48 hours before each planned treatment; and

 (2) providing the consumer information sheet to any individual working in the building on request of the individual if the request is made during normal business hours.

(e) For an indoor treatment at a building that is a hospital, nursing home, hotel, motel, lodge, warehouse, food-processing establishment, school or educational institution, or a day-care center, the certified applicator or technician must supply the consumer information sheet and a pest control sign to the chief administrator, IPM Coordinator or building manager. The chief administrator, IPM Coordinator or building manager must notify the individuals who work or reside in the building of the treatment by:

 (1) posting the sign in an area of common access that the individuals are likely to check at least 48 hours before each planned treatment; and

 (2) providing the information sheet to any individual working or residing in the building on request of the individual.

(f) Personnel at a school or educational institution or a day-care center are required to inform the parents, guardians, or managing conservators of the children attending the school or day-care center, at the time the child is registered, that:

 (1) the school, institution, or center periodically applies pesticides indoors and outdoors; and

 (2) prior notice and information on the application of the pesticides is available from the school, institution, or center at the written request of the parents, guardians, or managing conservators. Telephonic, written or electronic notification will meet this requirement.

(g) For the purpose of this section, if the primary purpose of a perimeter treatment of a premises is to augment or supplement an indoor treatment, or is performed in lieu of an indoor treatment for a particular pest or pests by preventing the entry or re-entry of pests into the interior of the premises, then the perimeter treatment shall be considered an indoor treatment.

(h) The department’s Consumer Information Sheet must be used. Copies of the Consumer Information Sheet are available from the department in English and Spanish and are available on the Structural Pest Control Service website at: http://www.tda.state.tx.us/spcs/, or by contacting the Texas Department of Agriculture at P.O. Box 12847, Austin, TX 78711-2847, Phone (866) 918-4481. The department’s Consumer Information Sheet may be copied and used in accordance with this section.

(i) The pre-notification requirements of subsections (c), (d) and (e) of this section are waived if the customer and certified applicator sign a statement attesting to the fact that an emergency exists which requires immediate treatment. If such an emergency exists, the Consumer Information Sheet must be provided by the licensee at the time of treatment. The statement must be kept on file with the pest control use records. If the customer is not available to sign a statement at the time of treatment, that shall be recorded in the use records along with the customer’s name and telephone number. An emergency is defined as an imminent hazard to health or property or an imminent infestation. An emergency treatment is limited to the localized area of the emergency.

(j) Licensees holding the lawn and ornamental or weed categories may use text provided by the department in place of that required in subsection (h) of this section. This text is available on the Structural Pest Control Service website at: http://www.tda.state.tx.us/spcs, or by contacting the Texas Department of Agriculture at P.O. Box 12847, Austin, TX 78711-2847, Phone (866) 918-4481.

(k) Any consumer may waive receipt of the Consumer Information Sheet for multiple treatments by signing or initialing below the following statement: “I have received one copy of the Consumer Information Sheet for all treatments to be provided as a part of this pest control service agreement. I may receive additional copies at any time upon request to the service provider, and will receive any updates to the Consumer Information Sheet which may occur.” A licensee must keep a copy of this statement in the pest control use records for each customer covered by the agreement.
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Source Note: The provisions of this §7.147 adopted to be effective February 1, 1992, 17 TexReg 47; amended to be effective October 10, 1995, 20 TexReg 7828; amended to be effective October 24, 1996, 21 TexReg 10179; amended to be effective July 8, 1997, 22 TexReg 6097; amended to be effective September 1, 2000, 25 TexReg 5631; amended to be effective June 5, 2003, 28 TexReg 4279; amended to be effective May 5, 2005, 30 TexReg 2516; amended to be effective September 17, 2006, 31 TexReg 7351; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9982


Rule 7.148 Responsibilities of Unlicensed Persons for Posting and Notification
a) Owners or managers of residential rental properties with five (5) or more units must either:

 (1) post a pest control sign at least 48 hours before the planned treatment in an area of common access to residents; or

 (2) distribute the consumer information sheet to each unit planned to be treated and each unit adjacent to those planned to be treated at least 48 hours before the planned time of treatment. Adjacent means having a common wall, ceiling, or floor. Area of common access means a common area that an individual is likely to check on a regular basis, such as building entranceway, mailboxes, laundry rooms, beverage machines, building bulletin boards, etc.

(b) Employers, building managers, IPM Coordinators and chief administrators of workplaces, hospitals, nursing homes, hotels, motels, lodges, warehouses, food-processing establishments, school or educational institutions, and day-care centers must post a pest control sign in an area of common access at least 48 hours prior to each planned treatment and provide a Consumer Information Sheet to any individual working or residing in the building at the request of that individual. Area of common access means a common area that an individual is likely to observe on a regular basis, such as building entranceway, mailboxes, laundry rooms, beverage machines, building bulletin boards, etc. This requirement does not apply to new construction on school campuses where students have not yet been introduced.

(c) Chief administrators or the IPM Coordinator of schools or educational institutions and day-care centers must notify the parents or guardians of children attending the facility in writing that pesticides are periodically applied indoors and outdoors, and that information on the times and types of applications and prior notification is available upon request. Such notification must be made at the time of the child’s registration. Telephonic, written or electronic notification of planned applications will meet the notification requirements.

(d) The 48 hour pre-notification requirements of subsections (a) and (b) of this section may be waived if an emergency exists and the customer and certified applicator sign a statement attesting to the fact that an emergency exists that requires immediate treatment. The statement must be kept on file with the pest control use records at the business license location. Certified noncommercial applicators may attest to an emergency by signing a statement attesting to the emergency and must keep the statement on file with the pest control use records. An emergency is defined as an imminent hazard to health or property or an imminent infestation and emergency treatment is limited to the localized area of the emergency.

(e) A person may not be considered in violation of this section if a pest control sign is removed by an unauthorized person or if the space to be treated is vacant, unused and unoccupied at the time of treatment.
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Source Note: The provisions of this §7.148 adopted to be effective February 1, 1992, 17 TexReg 47; amended to be effective June 5, 1992, 17 TexReg 3783; amended to be effective July 8, 1997, 22 TexReg 6097; amended to be effective September 1, 2000, 25 TexReg 5631; amended to be effective May 5, 2005, 30 TexReg 2516; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9982


Rule 7.149 Inspections
(a) Each licensed pest control business shall be inspected at least once in the business’s first year of receiving a license and at least every four years thereafter. School districts will be inspected at least once every five (5) years. The department may waive these requirements due to staff availability, budgetary constraints, inspection trends or operational efficiencies. Businesses and school districts demonstrating a lack of compliance with department rules may be inspected more frequently than every four years for businesses and every five years for districts based on risk using the following elements of consideration:

 (1) prior violations;

 (2) prior inspection results;

 (3) type and nature of business;

 (4) size and location of a school district;

 (5) prior complaints.

(b) Risk-based inspections will be scheduled based on the following criteria:

 (1) High Risk. Inspection schedule: not later than 180 days. This includes businesses or districts with a history of engaging in pest control operations or practices that could be injurious to public health, safety or the environment.

 (2) Moderate Risk. Inspection schedule: not later than one (1) year. This includes businesses or districts with a substantiated complaint history and a history of significant lapses in licensing, record keeping and insurance.

 (3) Concerned Risk. Inspection schedule: not later than three (3) years. This includes businesses or districts with a history of complaints whether substantiated or not and repeat non-compliance of an administrative nature.
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Source Note: The provisions of this §7.149 adopted to be effective February 1, 1992, 17 TexReg 47; amended to be effective September 1, 2000, 25 TexReg 5631; amended to be effective May 5, 2005, 30 TexReg 2516; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9982


Rule 7.150 General Standards for Use of Pesticides
a) Use of a pesticide shall be made consistent with the pesticide’s labeling. Use inconsistent with the label includes, but is not limited to:

 (1) applications at sites, rates, concentrations, intervals, or under conditions not specified in the labeled directions;

 (2) tank mixing of pesticides, or using application techniques, or equipment prohibited by the label; or

 (3) failure to observe reentry intervals.

(b) It shall be a violation for any person to use or cause to be used a pesticide in a manner inconsistent with any permit or emergency exemption issued by the Department or EPA.

(c) A pesticide shall not be used if the complete label is not available and the pesticide’s identity is unknown. The words “Unknown Pesticide – Hazardous Material” shall be written on the container. The pesticide shall be stored and disposed of in accordance with all state and federal laws.
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Source Note: The provisions of this §7.150 adopted to be effective December 21, 2015, 40 TexReg 9116


Rule 7.151 General Standards for Storage and Disposal of Pesticides
(a) Storage and disposal of a pesticide and/or its container shall be made consistent with the pesticide’s labeling.

(b) No person may dispose of, discard, or store any pesticide or pesticide container in a manner that may cause or result in injury to humans, vegetation, crops, livestock, wildlife, pollinating insects, or pollution of any water supply or waterway.

(c) The applicator, the owner of the pesticide, and/or the person in control of the mixing shall be jointly and severally liable for proper storage and disposal of pesticide containers and contents.

(d) The name on either the pesticide label or the specimen label shall be written on the pesticide container if the name of the pesticide is not on the pesticide container and the pesticide’s identity is known. Nothing in this subsection shall be construed as authorizing the misbranding of a pesticide as defined in §76.023 of the Texas Agriculture Code.

(e) A person storing a pesticide shall maintain the complete label of that pesticide, in hard copy, for as long as the pesticide is being stored. If the complete label is not available and the pesticide’s identity is known, the person storing the pesticide shall obtain a hard copy of the EPA pesticide label.

(f) For every pesticide that is being stored, a hard copy of the complete label, shall be made immediately available for inspection to the Department’s inspector at the site where the pesticide is being stored.
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Source Note: The provisions of this §7.151 adopted to be effective December 21, 2015, 40 TexReg 9116


Rule 7.152 Advertising
(a) A licensee must not use false, misleading or deceptive advertising. Examples of statements or representations which constitute false, misleading or deceptive advertising include the following:

 (1) a false or misleading statement concerning the composition of products used;

 (2) a false or misleading statement concerning the effectiveness of a product as a pesticide or device;

 (3) a false or misleading statement about the value of the product for purposes other than as a pesticide or device;

 (4) a false or misleading comparison with other pesticides;

 (5) a statement directly or indirectly implying that a pesticide or device is recommended or endorsed by any agency of the state or federal government, such as “EPA Registered” or “EPA Approved”;

 (6) a true statement used in such a way as to give a false or misleading impression to the consumer;

 (7) disclaimers or claims which negate or detract from labeling statements on the product label;

 (8) claims as to the safety of a pesticide or its ingredients, including statements such as “free from risk or harm”, “safe”, “non-injurious”, “harmless”, or “non-toxic to humans and pets”, with or without such a qualifying phrase as “when used as directed”;

 (9) claims that the pesticides and other substances the licensee applies, the application of such pesticides, or any other use of them are comparatively safe or free from risk or harm;

 (10) claims that the pesticides and other substances the licensee applies, the applications of such pesticides, or any other use of them, are “environmentally friendly”, “environmentally sound”, ” environmentally aware”, ” environmentally responsible”, ” pollution approved”, “contain all natural ingredients”, “organic”, or are “among the least toxic chemicals known”; and

 (11) claims regarding its goods and services for which the licensee does not have substantiation at the time such claim is made.

(b) A person subject to regulation under this chapter shall not advertise to perform structural pest control services without a structural pest control license.

(c) All advertisements must include the business name as indicated on the business license.

(d) Advertising includes, but is not limited to, any written, audio, audiovisual, digital media, recorded telephone message, or other electronic communication to the public.
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Source Note: The provisions of this §7.152 adopted to be effective December 29, 1994, 19 TexReg 9997; amended to be effective September 1, 2000, 25 TexReg 5632; amended to be effective May 5, 2005, 30 TexReg 2519; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 21, 2015, 40 TexReg 9116


Rule 7.153 Reduced Impact Pest Control Service
(a) A business may qualify to use the Reduced Impact Pest Control Service designation by having all certified applicators who will be supervising the service attend a continuing education course approved by the department for Reduced Impact Service. All licensed employees will have verifiable training from a certified applicator who has attended the course and is approved to provide such training.

(b) The goal of Reduced Impact Pest Control Services is to effectively control pests and to provide customer satisfaction while seeking to minimize individual’s exposure to chemical pesticides through the application of Integrated Pest Management principles.

(c) A business using the Reduced Impact Pest Control Service designation must meet the following requirements.

 (1) The department approved Consumer Information Sheet must be used and it must be provided at the time of inspection.

 (2) An inspection must be performed prior to any pest control treatment. The inspection report must include:

   (A) A description of all areas inspected.

   (B) A description of conditions conducive to infestation and/or evidence of active infestation with recommendations for non-chemical solutions to those problems.

   (C) A description of any treatment performed and the reason for the treatment recommendations and reasons for chemical application must be consistent with the goal of Reduced Impact Pest Control Services. Customer request is an appropriate reason, provided the inspection report informs the customer of practical and feasible alternatives which would result in less exposure to chemical pesticides. For each application recommended, specify whether a target pest is actually present or the application is a preventative one.

 (3) The customer must provide, in writing in the contract, authorization for treatment and the names of any specific pesticides which are not to be used or if no pesticides are to be used in providing service. This must be done prior to the initiation of service. This information must be kept in the pest control use records.

 (4) A copy of the written inspection report must be provided at the time of each service and a copy must be kept in the pest control use records.

(d) Notwithstanding §7.152 of this title (relating to Advertising), the following words may be used in an advertisement for services by a business authorized to provide Reduced Impact Service: Reduced Impact Service; Reduced Impact Methods; Reduced Impact Techniques; Reduced Risk Methods; Reduced Hazards; Reduced Exposure; Reduced Impact Specialist; Environmentally Sensitive Services; Environmentally Sensitive Programs; Environmentally Friendly; Environmentally Sound; Environmentally Aware; Environmentally Responsible or any other words descriptive of the service which are not specifically listed as prohibited in §7.152 of this title and which can be substituted by the business’s adherence to the goals of Reduced Impact Service.

(e) A business licensee and employees of a business licensee who are found to be in violation of any provisions of this section may, in addition to all other applicable sanctions, lose the Reduced Impact authorization held by the business licensee.

(f) Licensees holding the Reduced Impact authorization and licensed in the lawn and ornamental or weed categories may use the Consumer Information Sheet for Reduced Impact Service (RIS) in lieu of the Consumer Information Sheet required in §7.147 of this title (relating to Consumer Information Sheet). Copies of the Consumer Information Sheet are available from the department in English and Spanish and are available on the Structural Pest Control Service website at: http://www.tda.state.tx.us/spcs/, or by contacting the Texas Department of Agriculture at P.O. Box 12847, Austin, TX 78711-2847, Telephone 866-918-4481. The department’s Consumer Information Sheet for Reduced Impact Service may be copied and used in accordance with this section.
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Source Note: The provisions of this §7.153 adopted to be effective September 1, 1995, 20 TexReg 893; amended to be effective October 10, 1995, 20 TexReg 7828; amended to be effective October 24, 1996, 21 TexReg 10179; amended to be effective July 8, 1997, 22 TexReg 6097; amended to be effective September 1, 2000, 25 TexReg 5900; amended to be effective June 5, 2003, 28 TexReg 4280; amended to be effective May 5, 2005, 30 TexReg 2520; amended to be effective September 10, 2006, 31 TexReg 7127; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective July 7, 2009, 34 TexReg 4506


Rule 7.154 Incidental Use Situation Fact Sheet
(a) The Incidental Use Fact Sheet must contain the following text: “This fact sheet must be distributed to all city, county, and state employees who apply general use pesticides and are not licensed by the Texas Department of Agriculture. The fact sheet and instruction must be provided upon initial employment and thereafter must be available as needed. These general use pesticides include insecticides, herbicides, fungicides and rodenticides and involve applications made both inside and outside of structures. Incidental Use is not intended for long term or extensive pest control measures. Where long term pest control is required, a trained, licensed person is to make the applications. Incidental Use is defined as “A pesticide application on an occasional, isolated, site-specific basis that is incidental to the primary duties of an employee and involves the use of general use pesticides after instruction as provided by rules adopted by the department. Examples of Incidental Use Situations are treating fire ants in a transformer box, or treating of ants by a janitor or clerical employee in a break area. Incidental is defined as site-specific and incidental to the employee’s primary duties. If it is a part of the employee’s primary duty to make applications of pesticides, that employee is required, by law, to obtain a license, depending on the location and type of application. In all cases of incidental use, the employee should use the least hazardous, effective method of controlling pests. If chemicals are to be utilized, they must be applied in strict accordance with manufacturer labels of “General Use” products being used. Applications made inconsistent with the label requirements of the general use product may result in penalties being assessed against the individual and/or the certified noncommercial applicator or technician responsible. “Incidental Use Situation” applications of pesticides are regulated by the department. If you have any questions or comments, contact the department at (512) 305-8250; written inquiries may be addressed to the Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711-2847.

(b) The incidental use fact sheet must be provided during pesticide instruction to each employee of the state, a political subdivision of the state, or a non-commercial entity other than a school district whose primary duty is not pest control, and whose work may include tasks subject to the incidental use exception.

(c) Each governmental unit is responsible for distributing the fact sheet to the designated employees.

(d) Primary duty is defined as a job duty that is part of a written job description or is a regularly assigned task of the employee.
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Source Note: The provisions of this §7.154 adopted to be effective December 29, 1994, 19 TexReg 9998; amended to be effective October 24, 1996, 21 TexReg 10179; amended to be effective September 1, 2000, 25 TexReg 5632; amended to be effective June 5, 2003, 28 TexReg 4280; amended to be effective May 5, 2005, 30 TexReg 2520; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9982


Rule 7.156 Entry and Access
(a) Authorized employees of the department may conduct investigations and inspections of structural pest control activities involving any person in this state to determine compliance with the Act and department rules.

(b) In conducting investigations, the employees may:

 (1) enter the premise of a licensee, business or facility during normal business hours to examine records, question witnesses, inspect pesticides and equipment use for pest control, and collect samples;

 (2) enter premises where individuals are performing or are suspected of performing pest control operations to inspect the use of pesticides and devices, check employee credentials, collect samples, identify pests, and inspect equipment; and

 (3) on public property, inspect pesticides and equipment and question employees of persons conducting or suspected of conducting structural pest control activities.

(c) Any licensee who interferes with an employee of the department attempting to enter or access property, equipment or records for purposes of this chapter shall be subject to disciplinary action up to and including revocation of licenses and/or registrations.
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Source Note: The provisions of this §7.156 adopted to be effective June 1, 1984, 9 TexReg 2307; amended to be effective February 1, 1992, 17 TexReg 47; amended to be effective September 1, 2000, 25 TexReg 5633; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9982


Division 4 Unlawful Acts and Grounds For Revocation


Rule 7.161 Grounds for Revocation, Suspension, Penalties, Reprimanding, Refusal To Examine, Refusal To Issue or Renew Licenses
Any such action may be accomplished by the department after notice and hearings, as provided for by Occupations Code, Chapter 1951 and the Administrative Procedures Act Texas Government Code, Chapter 2001. No revocation, suspension, annulment, or withdrawal of any license is effective unless prior to the institution of department proceedings, the department gave notice by personal service or by certified mail to the licensee of facts or conduct alleged to warrant the intended action, and the licensee was given the opportunity to show compliance with all requirements of law for the retention of the license. The following are grounds for revocation, suspension, penalties, reprimanding, refusal to examine, and refusal to issue or renew licenses:

   (1) misrepresentation for the purpose of defrauding; deceit or fraud; the making of a false statement with knowledge of its falsity for the purpose of inducing others to act thereon to their damage;

   (2) intentional misrepresentation in any application for a license;

   (3) engaging in an advertising practice prohibited in §7.152 of this title (relating to Advertising); advertising services which the licensee is not authorized to provide; engaging in false, misleading or deceptive acts or practices; or advertising in an unauthorized category;

   (4) has been convicted or has pleaded guilty to a violation of the Act as amended, or any regulation adopted hereunder, or any of the laws or regulations of this state, another state, or the United States, relating to the licensing of pest control operators and pesticide use;

   (5) has been convicted of or has pled guilty to a felony or misdemeanor involving moral turpitude, under the law of this state and other states of the United States within seven years prior to the date of application, provided that when the applicant is a defendant in any action in which the defendant is charged with a felony or a misdemeanor involving moral turpitude, the department may delay processing of the application until final disposition of any such criminal proceedings;

   (6) has a criminal background as explained in §7.129 of this title (relating to Licensing of Persons with Criminal Backgrounds);

   (7) failure of the licensee to supply the department or its authorized representative, upon request, with true and accurate information concerning methods and materials used, or work performed, or other information essential to the public health and welfare and to the administration and enforcement of the Act;

   (8) engaging in pest control practices in a manner that could be injurious to the public health, safety, or to the environment;

   (9) failure to comply with contract specifications;

   (10) performing work in a category for which the certified applicator or technician licensee is not licensed or an apprentice is not trained or licensed;

   (11) failure of business licensee or certified noncommercial applicator to register employees or failure to pay license fee for employees;

   (12) making a pesticide application inconsistent with the labeling of any pesticide as registered by the Environmental Protection Agency, the United States Department of Agriculture, or the state registration for that pesticide, or in violation of any condition or restriction placed upon the use of that pesticide by the Environmental Protection Agency, the United States Department of Agriculture, or the state;

   (13) failure to make records of pesticide use and keep them available as required by the Act, as amended, and §7.144 this title (relating to Pest Control Use Records);

   (14) failure of business licensee to notify the department when a certified applicator or apprentice leaves their employment;

   (15) failure of business licensee to put identifying letters and numbers on vehicles as required by regulations;

   (16) failure to print in proper size type the address and telephone number of the department and the statement that the business is licensed and regulated by the Texas Department of Agriculture;

   (17) failure of business licensee or certified noncommercial applicator to notify the department of a change of address of their company or organization;

   (18) failure of a business licensee or certified noncommercial applicator to give the department an address where licensee may be located;

   (19) failure of the certified applicator or business licensee to adequately supervise employees;

   (20) failure of certified applicator licensee, technician or apprentice to notify the department when he or she moves or changes employers;

   (21) failure to maintain continuous minimum liability insurance and continuing to operate during lapsed period;

   (22) failure to meet minimum continuing education or technician training requirements;

   (23) failure to maintain technician or apprentice training records;

   (24) failure to provide signs, disclosure and information sheets;

   (25) failure to post signs or distribute information sheets;

   (26) failure to comply with a final order of the Commissioner;

   (27) Permitting, aiding, abetting or conspiring with a person to intentionally violate or circumvent a law or regulation enforced by the department;

   (28) Denial, suspension, revocation, probation, fine or other license restriction or discipline against a licensee by a state, territory, or Indian tribal government or the federal government;

   (29) Any violation of the regulations promulgated under this subchapter relating to treatment standards;

   (30) failure to pay an agreed or court ordered administrative penalty;

   (31) failure to comply with §7.135 of this title (relating to Criteria for Evaluation of Continuing Education);

   (32) failure to comply with §7.150 of this title (relating to Schools);

 (33) failure to comply with any section of the Act or these regulations; and

   (34) failure to provide a disclosure document prior to, or accompanying, or at the same time, with a written estimate as described in §7.174 of this title (relating to Termite Treatment Disclosure Documents).
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Source Note: The provisions of this §7.161 adopted to be effective June 1, 1987, 9 TexReg 2307; amended to be effective September 1, 1987, 12 TexReg 901; amended to be effective February 1, 1992, 17 TexReg 47; amended to be effective December 15, 1993, 18 TexReg 8914; amended to be effective December 29, 1994, 19 TexReg 9999; amended to be effective March 5, 1996, 21 TexReg 1542; amended to be effective June 1, 2000, 25 TexReg 2068; amended to be effective July 26, 2005, 30 TexReg 4212; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9989


Rule 7.162 Suspension or Revocation
(a) Suspension or revocation of any license under the provisions of §7.161 of this title (relating to Grounds for Revocation, Suspension, Penalties, Reprimanding, Refusal to Examine, Refusal to Issue or Renew Licenses) shall not be for less than ten (10) days nor more than two years at the discretion of the department. If a license is suspended or revoked under the provisions thereof, the licensee shall, within five days of such suspension or revocation, surrender all licenses and identification cards issued there under to the director or his authorized representative.

(b) A licensee who is notified that the department intends to suspend or revoke the licensee’s license must ask for a hearing by filing a petition with the Commissioner or his designee within twenty (20) days of the date of the letter sent to the licensee. The petition shall set out legal basis and supporting facts for challenging the department’s decision and the relief sought by the petitioner including a request for hearing. Upon receipt of the petition, if the Commissioner or his designee determines that the petition is within the jurisdiction of the department, the Commissioner or his designee shall request a hearing before the State Office of Administrative Hearings.
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Source Note: The provisions of this §7.162 adopted to be effective June 1, 1984, 9 TexReg 2307; amended to be effective June 1, 2000, 25 TexReg 2068; amended to be effective April 5, 2001, 26 TexReg 2541; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9989


Rule 7.163 Unlawful Acts
In addition to the offenses listed in the Texas Structural Pest Control Act (the Act), Occupations Code Chapter 1951,§7.161 of this title (relating to Grounds for Revocation, Suspension, Penalties, Reprimanding, Refusal To Examine, Refusal To Issue or Renew Licenses) are unlawful acts. Any person who commits an unlawful act is subject to the criminal, civil, and administrative penalties provided by the Act as well as the remedies provided in this section.
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Source Note: The provisions of this §7.163 adopted to be effective June 1, 1984, 9 TexReg 2307; amended to be effective February 1, 1992, 17 TexReg 47; amended to be effective July 26, 2005, 30 TexReg 4212; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9989


 

 

Division 5 [Wood Destroying Insect] Treatment Standards


Rule 7.172 Subterranean Termite Post Construction Treatment
(a) All pesticide applications must be made in accordance with the directions and precautions specified on the labeling of the pesticide used.

(b) A treatment of less than the entire structure will be permitted to accommodate the customer’s desires and to allow the treating company to perform the job in a manner prescribed by their professional evaluation and label requirements.

(c) All treatments must strictly adhere to the procedures outlined in the disclosure statement required in §7.174 of this title (relating to Termite Treatment Disclosure Documents). A deviation will be permitted when unexpected circumstances occur necessitating a change in the treatment and the certified applicator responsible for the treatment provides the customer with a written addendum to the contract or disclosure documents at the completion of the treatment.

(d) Upon completion of a termite treatment, or installation of a baiting system, the company responsible for providing the treatment must leave a durable sticker of not less than one (1) inch by two (2) inches in size on the wall adjacent to the water heater, electric breaker box, beneath the kitchen sink or in the interior bath trap access giving the name, address and telephone number of the business licensee, name and license number of the applicator, product used, method or device used, the date of the treatment or installation of the baiting system, and a statement that the notice should not be removed.

(e) The business license holder or, in the case of the certified noncommercial applicator, the applicator must keep and maintain a correct and accurate copy of the Termite Treatment Disclosure Documents for a period of two (2) years.
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Source Note: The provisions of this §7.172 adopted to be effective September 1, 1987, 12 TexReg 901; amended to be effective December 29, 1994, 19 TexReg 9999; amended to be effective October 10, 1995, 20 TexReg 7829; amended to be effective September 1, 1999, 24 TexReg 6300; amended to be effective September 1, 2000, 25 TexReg 5634; amended to be effective October 9, 2005, 30 TexReg 6268; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9989


Rule 7.173 Subterranean Termite Pre-Construction Treatments
(a) Subsections (b) – (f) do not apply to baits or baiting systems and subsections (c) – (d) do not apply to wood applied termiticide products.

(b) All pesticide liquid applications must be made by using the application rates and methods and by following the precautionary statements on the labeling of the pesticide being used.

(c) For a full treatment, the entire structure must be treated to provide a continuous horizontal and vertical barrier. The final treatment shall be performed within thirty (30) days of notification of completion of landscaping or one year from the date of completion of construction, whichever comes first. However, when construction has proceeded to the point that all areas cannot be treated before the company providing the treatment is called to perform the application, a partial treatment is permitted if the owner of the structure or the person in charge of the construction and the licensee for the pest control company sign a statement attesting to the construction conditions, and attach it to the contract with an amended diagram or blueprint or building plat showing the exact areas to be treated and send copies to the owner of the property within seven (7) days of the application. A copy of the contract with an amended diagram or blueprint or building plat showing the exact areas to be treated must be made available to the department upon request. A partial treatment will also be permitted if allowed by label directions and if the licensee proposing the treatment issues a Termite Treatment Disclosure Document prior to the treatment.

(d) In order to comply with subsection (c) of this section, it will be necessary to return to the pretreatment site after the slab has been poured and/or piers and support beams have been placed to complete the treatment for the vertical barrier.

(e) A primary treatment of the wood framing following full label application instructions for barrier treatment protection must be performed with a termiticide that has specific label instructions to be used as a primary treatment to offer protection for prevention of subterranean termites in new construction. This treatment may be used in lieu of a full, partial, or bait treatment and must include providing a barrier application to exposed surfaces of wood framing with exterior sheathing in place but before any walls are enclosed to a height of not less than two (2) feet above a contact with a slab foundation or a (2) foot horizontal and vertical treatment of wood above contact with a concrete crawlspace or basement foundation. Label instructions must provide a barrier application for the prevention of subterranean termite intrusion and tubing onto non-cellulose areas around bath-traps, plumbing penetrations and concrete foundation areas.

(f) Notice of all pre-construction treatments with contracts requiring treatment of a structure other than a single family dwelling must be called, e-mailed or faxed in to the department between the hours of 6:00 a.m. and 9:00 p.m. using the specified e-mail address, telephone number or fax number at least four (4), and no more than twenty four (24) hours prior to a termiticide application. The licensee must provide address and site location, type of treatment (partial or full), date and time of treatment, approximate and appropriate unit of measurement used under contract and the name and the license number and physical address of the pest control company. If the treatment is cancelled, notice of cancellation must be sent using the specified telephone number, e-mail address or fax number within one hour of the time the pest control company learns of the cancellation.

(g) For all commercial pre-construction treatments, the licensee must maintain records of the appropriate unit of measurement treated per application site, amount of termiticide used per application site, rate at which termiticide is mixed for each application site, number of application tanks which were in use for the treatment, the capacity, in gallons, of each application tank, and the start and stop time for the treatment. The business license holder or, in the case of the certified noncommercial applicator, the applicator must keep and maintain a correct and accurate copy of the pre-construction treatment records for a period of two (2) years. A baiting system may be used in lieu of a pre-construction treatment if installed within thirty (30) days of notification of completion of landscaping. If a physical device is used, the appropriate unit of measurement of the physical device must be recorded and a diagram describing the installation must be provided.
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Source Note: The provisions of this §7.173 adopted to be effective September 1, 1987, 12 TexReg 901; amended to be effective February 22, 1995, 20 TexReg 894; amended to be effective October 10, 1995, 20 TexReg 7829; amended to be effective January 1, 1997, 21 TexReg 10535; amended to be effective September 1, 2000, 25 TexReg 5634; amended to be effective February 3, 2003, 28 TexReg 949; amended to be effective October 9, 2005, 30 TexReg 6268; amended to be effective January 8, 2007, 32 TexReg 92; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9989


Rule 7.174 Termite Treatment Disclosure Documents
(a) As part of each written estimate submitted and before conducting an initial termite treatment for a customer, the pest control company proposing the treatment must present the prospective customer or designee with the disclosure documents. Verbal estimates may be provided to customers to advise of a general range of treatment costs, but a written estimate must be provided before offering a contract and beginning a treatment.

(b) Each termite treatment disclosure document must include, but is not limited to:

 (1) a diagram or blueprint or building plat and description of the structure or structures to be treated to include the following:

   (A) the address or physical location;

   (B) perimeter measurements of the structure as accurately as practical;

   (C) areas of active or previous termite activity;

   (D) areas to be treated;

 (2) a label for any pesticide recommended or used. If a physical device is used, the appropriate unit of measurement of the physical device must be recorded and a diagram describing the installation must be provided.

 (3) the complete details of the warranty provided if any; including:

   (A) if the warranty does not include the entire structure treated, the areas included must be listed;

   (B) the time period of the warranty;

   (C) the renewal options and cost;

   (D) the obligations of the pest control operator to retreat for termite infestations or repair damage caused by termite infestations within the warranty period; and

   (E) conditions that could develop as a result of the owners action or inaction that would void the warranty; and

   (F) name of the pest control company responsible for the warranty.

 (4) the signature of approval on the diagram by a certified applicator or licensed technician in the termite category employed by the company making the proposal.

 (5) the concentration of termiticide used or minimum number of bait stations to be installed.

 (6) for subterranean termite post construction treatments the following statements and definitions in at least 8-point type: A termite treatment may be a partial treatment or spot treatment using termiticide, approved physical barriers or a baiting system. These types of treatments are defined as follows:

   (A) Partial. This technique allows a wide variety of treatment strategies but is more involved than a spot treatment (see definition below). Ex.: treatment of some or all of the perimeter, bath traps, expansion joints, stress cracks, portions of framing, walls and bait locations.

   (B) Pier and Beam. Generally defined as the treatment of the outer perimeter including porches, patios and treatment of the attached garage. In the crawl space, treatment would include any soil to structure contacts as well as removal of any wood debris on the ground.

   (C) Slab Construction. Generally defined as treatment of the perimeter and all known slab penetrations as well as any known expansion joints or stress cracks.

   (D) Spot Treatments. Any treatment which concerns a limited, defined area less than ten (10) linear or square feet that is intended to protect a specific location or “spot”. Often there are adjacent areas that are susceptible to termite infestation which are not treated.

   (E) Baiting Systems. This type of treatment may include interior and/or perimeter placement of monitoring or baiting systems along with routine inspection intervals. The baiting technique may include one or more locations as prescribed by the product label and instructions.

   (F) Barriers. If a physical device is used, the square footage of the physical device must be recorded and a diagram describing the installation will be provided.

 (7) For all termite treatments the following statement in at least 8-point type: For all treatments there will be a diagram showing exactly what will be treated. Treatment specifications and warranties for those treatments may vary widely. Review the pesticide label provided to you for minimum treatment specification. If you have any questions, contact the pest control company or the Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711-2847. Telephone number (866) 918-4481.

 (8) For any pre-construction treatment, the Proper Pre-construction Subterranean Termite Treatments – A Guide for Builders and Consumers, must be provided to, and signed by, the contractor or purchaser of the pretreatment service prior to the beginning of the treatment. A signed copy must be kept in the pest control use records of the licensee. The text and format of the termite pre-treatment disclosure document is available on the Structural Pest Control Service website at: http://www.tda.state.tx.us/spcs/, or by contacting the Texas Department of Agriculture at the address provided in subsection (b)(7) of this section.

 (9) For drywood termite and related insect treatments the following statements and definitions in at least eight (8) point type: A drywood termite or related insect treatment may be a full treatment or spot treatment. These types of treatments are defined as follows:

   (A) Full Treatment: Generally defined as a treatment to control 100% of the insect infestation by tarpaulin fumigation or appropriate sealing method. A full treatment by fumigation is designed to eliminate every insect colony. It should include the infested structure and all attached structures.

   (B) Spot Treatment: Any treatment less than a full treatment by tarpaulin fumigation. This treatment should be considered only when a drywood termite or related insect infestation has a limited and defined area of infestation. Adjacent areas susceptible to dry wood termite or related insect infestations are not treated. Because of the nature of wood destroying insects, these untreated areas may continue to harbor dry wood termites and unrelated insects throughout the structure without detection.

 (10) A consumer information sheet as required by §7.147 of this title (relating to Consumer Information Sheet).

(c) Before conducting an initial termite treatment, the pest control company proposing the treatment must present the customer or designees with a diagram or blueprint or building plat and description of the structure(s) to be treated including the following:

 (1) construction details needed for clarity of the report;

 (2) known wood destroying insect activity;

 (3) areas of conditions conducive to infestation by wood destroying insects; and

 (4) other information about construction relevant to the treatment proposal.

(d) For a re-treatment of a property for an existing customer, the pest control company must provide the following before conducting the re-treatment:

 (1) the label;

 (2) a diagram or updated diagram of the structure showing areas to be treated;

 (3) any changes to the warranty information;

 (4) a consumer information sheet as required by §7.147 of this title.
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Source Note: The provisions of this §7.174 adopted to be effective September 1, 1987, 12 TexReg 901; amended to be effective December 29, 1994, 19 TexReg 10358; amended to be effective October 10, 1995, 20 TexReg 7829; amended to be effective March 5, 1996, 21 TexReg 1543; amended to be effective January 1, 1997, 21 TexReg 10535; amended to be effective July 8, 1997, 22 TexReg 6099; amended to be effective September 1, 1998, 23 TexReg 134; amended to be effective December 23, 1998, 23 TexReg 12919; amended to be effective September 1, 2000, 25 TexReg 5634; amended to be effective June 5, 2003, 28 TexReg 4280; amended to be effective October9,2005, 30 TexReg 6269; amended to be effective January 8, 2007, 32 TexReg 93; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9989


Rule 7.175 Wood Destroying Insect Report Inspection Procedures
(a) Inspections for the purpose of issuing a Wood Destroying Insect Report must be conducted in a manner consistent with the procedures described in this section. Inspections for the purpose of issuing a Wood Destroying Insect Report must be conducted by a licensed certified applicator or technician in the termite category. The purpose of the inspection is to provide a report regarding the absence or presence of wood destroying insects and conditions conducive to wood destroying insect infestation. The inspection should provide the basis for recommendations of preventive or remedial actions, if necessary, to minimize economic losses. For purposes of a Real Estate Transaction Inspection Report (§7.176) only, there must be visible evidence of active infestation in the structure or visible evidence of a previous infestation in the structure with no evidence of prior treatment to recommend a corrective treatment. The inspection must be conducted so as to ensure examination of all visible accessible areas in or on a structure in accordance with accepted procedures. While such an examination may reveal wood destroying insects, there are instances when concealed infestations and/or damage may not be discovered. Examinations of inaccessible or obstructed areas are not required.

(b) Inaccessible or obstructed areas recognized by the department include, but are not limited to:

 (1) inaccessible attics or portion thereof;

 (2) the interior of hollow walls, spaces between a floor or porch deck and the ceiling or soffit below;

 (3) such structural segments as porte cocheres, enclosed bay windows, buttresses, and similar areas to which there is no access without defacing or tearing out lumber, masonry, or finished work;

 (4) areas behind or beneath stoves, refrigerators, furniture, built-in cabinets, insulation, floor coverings; and

 (5) areas where storage conditions or locks make inspection impracticable.

(c) The inspector must describe the structure(s) inspected and include the following:

 (1) the address or location;

 (2) a diagram (does not have to be to scale) showing:

   (A) approximate perimeter measurements of the structure as accurately as practical;

   (B) construction details needed for clarity of the report;

   (C) areas of current wood destroying insect activity;

   (D) areas of previous wood destroying insect activity; and

   (E) areas of conditions conducive to infestation by wood destroying insects;

 (3) inaccessible or obstructed areas, including, but not limited to the areas listed in subsection (b) of this section.

(d) The inspection must include, but is not limited to, the following areas if accessible and unobstructed:

 (1) plumbing;

   (A) bathroom;

   (B) kitchen;

   (C) laundry; or

   (D) other (specify, i.e., hot tub, etc.);

 (2) window and door frames and sills;

 (3) baseboards, flooring, walls, and ceilings;

 (4) entrance steps and porches;

 (5) exterior of slab or foundation wall;

 (6) crawl space:

   (A) support piers (include stiff legs);

   (B) floor joist;

   (C) sub floors;

   (D) sill plates; and

   (E) foundation wall;

 (7) fireplace; and

 (8) weep holes.

(e) Visible evidence of the following conditions must be reported:

 (1) wood destroying insects or signs of current active infestation;

 (2) termite tubes or frass;

 (3) exit holes or frass from other wood destroying insects;

 (4) evidence of previous treatment or infestation;

 (5) conditions conducive to wood destroying insect infestation:

   (A) a structure with wood to ground contact;

   (B) formboards left in place;

   (C) excessive moisture;

   (D) wood debris under or around structure;

   (E) footing too low or soil line too high;

   (F) insufficient clearance in crawl space;

   (G) expansion joints or cracks in slab; or

   (H) decks;

 (6) infestation of other wood destroying insects.
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Source Note: The provisions of this §7.175 adopted to be effective September 1, 1987, 12 TexReg 901; amended to be effective December 29, 1994, 19 TexReg 10000; amended to be effective October 10, 1995, 20 TexReg 7829; amended to be effective March 22, 1998, 23 TexReg 2820; amended to be effective September 1, 2000, 25 TexReg 5635; amended to be effective October 9, 2005, 30 TexReg 6271; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9989


Rule 7.176 Real Estate Transaction Inspection Reports
(a) All inspection reports issued regarding the visible presence or absence of termites, other wood destroying insects and conditions conducive to infestation of wood destroying insects in connection with a real estate transaction must be made on a form prescribed by the department. Inspection results may be recorded additionally on a form required by a real estate lending provider such as the Veterans Administration as long as the form required by this section is maintained in the inspection files.

(b) The report form will include a space to report conditions consistent with §7.175 of this title (relating to Inspection Procedures).

(c) The Texas Official Wood Destroying Insect Report is available from the Texas Department of Agriculture, may be obtained from the department at P.O. Box 12847 Austin, Texas 78711-2847, and may be downloaded from the department’s web page at: http://www.tda.state.tx.us/spcs/.

(d) For each inspection, copies of the completed form must be prepared for the:

 (1) person who ordered the inspection; and

 (2) business files of business license holder issuing the report.

(e) The licensee issuing the report must retain records of inspection reports for a minimum of two (2) years.
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Source Note: The provisions of this §7.176 adopted to be effective September 1, 1987, 12 TexReg 901; amended to be effective September 1, 1995, 19 TexReg 10001; amended to be effective March 22, 1998, 23 TexReg 2820; amended to be effective September 1, 2000, 25 TexReg 5635; amended to be effective June 1, 2001, 26 TexReg 198; amended to be effective June 5, 2003, 28 TexReg 4281; amended to be effective October 9, 2005, 30 TexReg 6271; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9989


Rule 7.177 Posting Notice of Inspection
(a) Upon completion of an inspection for the purposes of completing the Texas Official Wood Destroying Insect Inspection Report, the inspector must post a durable sticker on the wall adjacent to the water heater, interior of bath trap access, electric breaker box or beneath the kitchen sink giving the name and license number of the licensee or license number of the supervising certified applicator if the technician has not been assigned a license number other than the social security number, the date of the inspection, a statement that the sticker should not be removed and statement of the product used.

(b) It will be a violation of this section for any licensee to remove or deface a posted inspection sticker.
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Source Note: The provisions of this §7.177 adopted to be effective September 1, 1987, 12 TexReg 901; amended to be effective December 29, 1994, 19 TexReg 10002; amended to be effective January 23, 1997, 22 TexReg 741; amended to be effective September 1, 1998, 23 TexReg 8439; amended to be effective September 1, 2000, 25 TexReg 5635; amended to be effective October 9, 2005, 30 TexReg 6271; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9989


Rule 7.178 Structural Fumigation Requirements
(a) Fumigation of structures to control wood destroying insects shall be performed only under the direct on-site supervision of a certified applicator licensed in the category of structural fumigation. Direct on-site supervision means that the certified applicator exercising such supervision must be present at the site of the fumigation during any time the fumigants are being released and at the time property is inspected, ventilated and released for occupancy.

(b) Fumigation shall be performed in compliance with all label requirements applicable to state and federal laws and regulations.

(c) Prior to the release of the fumigant, warning signs shall be posted in plainly visible locations on or in the immediate vicinity of all entrances to the space under fumigation and shall not be removed until the premises is determined safe for re-occupancy. Ventilation shall be conducted with due regard for public safety.

(d) When directed by the label, local fire authorities or, when not available, local police authorities, shall be notified in writing, by telephone if a record is made of the name of the person that was informed and the date and time, or by e-mail prior to introduction of the fumigant. The same agency shall be informed that the structure is released for occupancy.

(e) The space to be fumigated shall be vacated by all occupants prior to the commencement of fumigation. The space to be fumigated shall be sealed in such manner to ensure that the concentration of the fumigant released is retained in compliance with the manufacturer’s recommendations.

(f) Warning signs shall be printed in red on white backgrounds and shall contain the following statement in letters not less than two inches in height: “Danger-Fumigation.” Signs must also depict a skull and crossbones, not less than one inch in height, the name of the fumigant, the date and time fumigant was introduced, and the name, license number, and telephone number where the certified applicator performing the fumigation may be reached twenty four (24) hours a day.

(g) On any structure that has been fumigated, the certified applicator responsible for the fumigation shall, immediately upon completion, post a durable sticker on the wall adjacent to the electric breaker box, water heater, beneath the kitchen sink or in the interior bath trap access. This must be a durable sticker not less than one inch by two inches in size. It must have the name and license number of the certified applicator, date of fumigation, fumigant used, and the purpose for which it was fumigated (target pest).

(h) A certified applicator performing fumigation shall use adequate warning agents with all fumigants that lack such properties. When conditions involving abnormal hazards exist, the person exercising direct on-site supervision shall take such safety precautions in addition to those prescribed to protect the public health and safety. The certified applicator responsible for the fumigation shall visibly inspect the structures to assure vacancy prior to introduction of fumigant.

(i) The certified applicator responsible for the fumigation shall also post a person or persons to guard the location whenever a licensed applicator is not present from the time the fumigant is introduced until the label concentration for aeration is reached. The person posted at the location shall deter entry into the structure by routinely inspecting the structure under fumigation at least once each hour. The person posted at the location shall remain alert and on duty as directed by the certified applicator. The certified applicator responsible for the fumigation shall secure all entrances to the structure in such a manner as to prevent entry by anyone other than the certified applicator responsible for the fumigation. The structure must remain secured until the structure is released for occupancy.

(j) For the purpose of maintaining proper safety and establishing responsibility in handling the fumigants, the business license holder shall compile and retain for a period of at least two (2) years a report for each fumigation job and/or treatment. The report for each fumigation job or treatment must contain the following information:

 (1) name, address and business license number of the pest control company;

 (2) name and address of property and owner;

 (3) cubic feet fumigated;

 (4) target pest or pest controlled;

 (5) fumigant or fumigants used and amount;

 (6) name of warning agent and amount used;

 (7) temperature and wind conditions;

 (8) time gas introduced and aerated (date and hour);

 (9) name and license number of certified applicator;

 (10) list of any extraordinary safety precautions taken;

 (11) date and time released for occupancy (signed by certified applicator);

 (12) the dates and time fire or police authorities were notified; and

 (13) identification of clearing devices used.

(k) Fumigations for the purpose of controlling wood destroying insects are subject to the provisions of §7.174 of this title (relating to Termite Treatment Disclosure Documents).

(l) Every licensee engaged in application of a fumigant is required to use an approved and calibrated clearance device as prescribed on the fumigant label.

 (1) This approved and calibrated clearance device must be used as required by the label.

 (2) An independent and qualified facility or person must perform calibration of the clearance device not less than annually and anytime it is suspected to be inaccurate. Calibration must be in compliance with the manufacturer’s requirements.

 (3) Proof of calibration must be kept on file for a period of two (2) years and available for review by department personnel and by placing an annual validation on the clearance device.

(m) The certified applicator responsible for the fumigation shall be responsible for following label requirements for aeration and clearing of the structure that is being fumigated.

(n) Notice of all fumigations of a structure must be called, emailed, or faxed to the department between the hours of 6:00 a.m. and 9:00 p.m., Monday through Friday, using the specified telephone number, email address or fax number at least four (4), and no more than twenty four (24) hours prior to the structural fumigation application. The licensee must provide address and site location, chemical to be used, date and time of treatment, approximate square footage under contract and the name and license number of the business licensee. If the structural fumigation is cancelled, notice of the cancellation must be sent using the department specified telephone number, email address or fax number within three hours of the time the pest control company learns of the cancellation.

(o) Before an individual may apply for an initial certified applicator’s license in the structural fumigation category the following experience requirements must be met:

 (1) Attend a forty (40) hour structural fumigation school that has at least sixteen (16) hours of hands on training, and has been approved by the department; or

 (2) Obtain forty (40) hours of on-the-job training with at least sixteen (16) hours of hands on training that is approved by the department.

(p) Current certified applicators must conduct/perform four (4) hours of training per year to maintain their certification.

 (1) A verifiable performance/training records form will be made available to the department upon request. These performance/training records forms shall be kept on a format prescribed by the department in the business file for at least two (2) years. The verifiable performance/training records form will be made available to the certified applicator or technician upon written request.

 (2) A minimum of one CEU per year in structural fumigation is required to maintain the certification following initial testing.
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Source Note: The provisions of this §7.178 adopted to be effective June 1, 1984, 9 TexReg 2307; amended to be effective November 27, 1992, 17 TexReg 8009; amended to be effective March 5, 1996, 21 TexReg 1543; amended to be effective April 5, 2001, 26 TexReg 2541; amended to be effective August 27, 2003, 28 TexReg 6844; amended to be effective October 9, 2005, 30 TexReg 6272; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9989


 

Division 6 Structural Pest Control Advisory Committee


Rule 7.191 Purpose of the Committee
(a) The Structural Pest Control Advisory Committee shall be composed of eleven members appointed by the Commissioner.

(b) The Committee shall meet regularly, as prescribed by §7.196 of this title (relating to Committee Meetings), to consider matters relating to the regulation and licensing of persons engaged in the business of structural pest control. The Commissioner, or his designee, shall have the authority to direct that the Committee include on its agenda any matters relating to the business of structural pest control, or the licensing and regulation of persons engaged in that business.

(c) The Committee shall gather and provide information to the Commissioner regarding the practice of structural pest control in order to aid the Commissioner and the Department to provide excellent customer service to the public and the structural pest control industry; to enhance educational and professional standards of license holders; and, to protect the health, safety and welfare of the public.

(d) The Committee shall advise the Commissioner and the Department regarding the licensing and regulation of persons engaged in structural pest control, including advice on:

 (1) education and curricula requirements for applicants for licensure;

 (2) the content of examinations of applicants;

 (3) proposed rules on technical issues related to structural pest control and enforcement of laws related to structural pest control;

 (4) standards and criteria for the issuance of licenses;

 (5) fees for licenses; and

 (6) other issues relating to the practice of structural pest control.
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Source Note: The provisions of this §7.191 adopted to be effective October 21, 2007, 32 TexReg 7261; amended to be effective December 21, 2015, 40 TexReg 9116


Rule 7.192 Rules Governing Operation of the Committee
(a) At the first meeting of each year, a Chairman and a Vice Chairman shall be elected by the members of the Committee for a term of one year.

(b) The members, other than the Commissioner of State Health Services, shall serve staggered four-year terms. (Initial committee members may serve shorter terms.) The terms of four members of the Committee shall expire on February 1 of each odd-numbered year.

(c) During the first meeting of each calendar year the Committee will include on its agenda as an item of business a self-assessment of its actions during the prior year.

 (1) The self-assessment will be done using a process and on a form prepared by the Commissioner or his designee.

 (2) In addition to evaluating its performance during the prior calendar year, the Committee shall establish goals to improve performance during the upcoming year.

 (3) The Committee shall forward the self-assessment to the Commissioner for review.

(d) In addition to quarterly meetings, the Committee may meet as needed and upon the request of the Commissioner.
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Source Note: The provisions of this §7.192 adopted to be effective December 21, 2015, 40 TexReg 9116


Rule 7.193 Appointment of Committee Members
(a) The Commissioner appoints members of the Committee, other than the Commissioner of State Health Services.

(b) The Commissioner may solicit recommendations for prospective Committee members from industry trade associations, consumer advocacy groups, Boards of Regents of colleges and universities or any other groups or entities that have reason to be knowledgeable about or concerned with the structural pest control industry.

(c) The Department shall develop a form that prospective Committee appointees must complete prior to the Commissioner appointing that person to the Committee. The form shall be designed to elicit all information necessary to determine whether the person is qualified to serve as a Committee member.

(d) Other than the appointment of the original Committee members, the Commissioner shall make appointments to the Committee during January of each odd-numbered year, or as necessary to fill vacancies.

(e) The Commissioner may consider the geographic ties of prospective Committee members to assure that the interests of all geographic areas of Texas are represented.

(f) Other than the Commissioner of State Health Services, a person may serve no more than two consecutive four (4) year terms as a member of the Committee

(g) To qualify as a member of the Committee who is from an institution of higher education, an individual must have a post-graduate (masters or doctoral) degree and be, at the time of his or her appointment, employed in a teaching capacity at an institution of higher education and have experience teaching courses that demonstrate that the individual is knowledgeable in the science of pests and pest control.
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Source Note: The provisions of this §7.193 adopted to be effective October 21, 2007, 32 TexReg 7261; amended to be effective December 21, 2015, 40 TexReg 9116


Rule 7.194 Additional Qualifications for Committee Members
(a) The two Committee members who are experts in structural pest control application may qualify by having at least five (5) years of experience in the application of pesticides for structural pest control (for purposes of this subsection, ‘experience’ means either the actual application of pesticide or the ownership and operation of a structural pest control business), or by having a baccalaureate degree in a field of science related to pest control or manufacture of pesticide and three years of work experience in that field.

(b) The Committee member who is from an institution of higher education must have a post-graduate (masters or doctoral) degree and be, at the time of his/her appointment, employed in a teaching capacity at an institution of higher education and have experience teaching courses that demonstrate that the person is knowledgeable in the science of pests and pest control.

(c) All Committee members must successfully complete, during the first calendar quarter of their term, a course provided by the Department or otherwise approved by the Commissioner that covers the Texas Open Meetings Act, the Texas Open Records Act, the rulemaking process in Texas, the requirements of the conflict of interest or other laws relating to public officials in Texas, and any applicable ethics policies adopted by the Department.
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Source Note: The provisions of this §7.194 adopted to be effective October 21, 2007, 32 TexReg 7261


Rule 7.195 Disqualification of Members
(a) A person may not be appointed as a public member of the Committee if:

 (1) the person is licensed under chapter 1951 of the Occupations Code;

 (2) the person or the person’s spouse:

   (A) is registered, certified or licensed by an occupational regulatory agency in the field of pest control;

   (B) is employed or participated in the management of a business entity or other organization regulated by or receiving funds from the Department;

   (C) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving funds from the Department; or

   (D) uses or receives a substantial amount of tangible goods, services or funds from the Department, other than compensation allowed by law for committee membership, attendance or expenses.

(b) A person may not be appointed as a member of the Committee if:

 (1) the person is an officer, employee or paid consultant of a Texas trade association in the field of pest control except as provided in §7.192(a)(4) of this title (relating to Membership of the Committee) and §1951.101(a)(4) of the Texas Occupations Code;

 (2) the person’s spouse is an officer, manager or paid consultant of a Texas trade association in the field of pest control; or

 (3) the person is required to register as a lobbyist under Chapter 105 of the Government Code because of the person’s activities for compensation on behalf of a profession related to the operation of the Department.
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Source Note: The provisions of this §7.195 adopted to be effective October 21, 2007, 32 TexReg 7261


Rule 7.196 Committee Meetings
(a) The Committee shall meet at least once during each calendar year.

(b) The Committee may meet on other occasions at the direction of the Commissioner.

(c) Meetings of the Committee shall be posted and held in conformity with the Texas Open Meetings Act.

(d) In order for the Committee to meet and take any action, at least five (5) of the nine members must be present to constitute a quorum.

(e) During the first meeting of each calendar year the Committee will include on its agenda as an item of business a self-assessment of its actions during the prior year.

 (1) The self-assessment will be done using a process and on a form prepared by the Commissioner or his designee.

 (2) In addition to evaluating its performance during the prior calendar year, the Committee shall establish goals to improve performance during the upcoming year.

 (3) The Committee shall forward the self-assessment to the Commissioner for comment, which will be considered at the next subsequent meeting of the Committee after receipt of the Commissioner’s comments.

(f) The Committee shall conduct its meetings using procedural rules which substantially comport with Roberts’ Rules of Order.
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Source Note: The provisions of this §7.196 adopted to be effective October 21, 2007, 32 TexReg 7261


Division 7 Integrated Pest Management Program for School Districts


Rule 7.201 Responsibility of School Districts to Adopt an IPM Program

Each school district shall establish, implement, and maintain an Integrated Pest Management (IPM) program. An IPM program is a regular set of procedures for preventing and managing pest problems using an integrated pest management strategy, as defined in §7.114 of this title (relating to Definition of Terms). The school district is responsible for each IPM Coordinator’s compliance with these regulations.

 (1) The IPM program shall contain these essential elements:

   (A) a school board approved IPM policy, stating the school district’s commitment to follow integrated pest management guidelines in all pest control activities that take place on school district property. The IPM policy statement shall include:

     (i) a definition of IPM consistent with this section;

     (ii) a reference to Texas laws and rules governing pesticide use and IPM in public schools;

     (iii) information about who can apply pesticides on school district property; and

     (iv) information about designating, registering, and required training for the school district’s IPM Coordinator. The Superintendent and IPM Coordinator will maintain a copy of the policy.

   (B) a monitoring program to determine when pests are present and when pest problems are severe enough to justify corrective action;

   (C) the preferential use of lower risk pesticides and the use of non-chemical management strategies to control pests, rodents, insects and weeds;

   (D) a system for keeping records of facility inspection reports, pest-related work orders, pest control service reports, pesticide applications, and pesticide complaints;

   (E) a plan for educating and informing school district employees about their roles in the IPM program; and

   (F) written guidelines that identify thresholds for when pest control actions are justified.

 (2) Each school district superintendent shall appoint an IPM Coordinator(s) to implement the school district’s IPM program. Not later than 90 days after the superintendent designates or replaces an IPM Coordinator(s), the school district must report to the Department the newly appointed coordinator’s name, address, telephone number, email address and the effective date of the appointment. A school district that appoints more than one IPM Coordinator shall designate a Responsible IPM Coordinator who will have overall responsibility for the IPM program and provides oversight of subordinate IPM Coordinators regarding IPM program decisions.

 (3) Each school district that engages in pest control activities must employ or contract with a licensed applicator, who may, if an employee, also serve as the IPM Coordinator.

 (4) Each school district shall prior to or by the first week of school attendance, ensure that a procedure is in place to provide prior notification of pesticide applications in accordance with this chapter. Individuals who request in writing to be notified of pesticide applications may be notified by telephonic, written or electronic methods.
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Source Note: The provisions of this §7.201 adopted to be effective December 21, 2015, 40 TexReg 9116


Rule 7.202 Responsibilities of the IPM Coordinator
The IPM Coordinator(s) shall be responsible for implementation of the school district IPM Program. In addition, the IPM Coordinator(s) shall:

 (1) successfully complete a Department-approved IPM Coordinator training course within six months of appointment;

 (2) obtain at least six hours of Department-approved IPM continuing education units (CEU) every three years, beginning the effective date of this rule or the date of designation, whichever is later. The three-year period will begin from the date the IPM Coordinator receives initial training after being appointed by the superintendent, or if currently designated and trained as the IPM Coordinator, when this rule revision goes into effect. No approved course may be repeated for credit within the same three-year period. One of the six CEUs must be related to laws and regulations specific to IPM programs in schools. IPM Coordinators may satisfy the CEU requirements through one or more of the following methods:

   (A) Completing a Department approved training course for IPM Coordinators;

   (B) Completing courses that have been approved in the pest, lawn and ornamental, weed control or general IPM category; or

   (C) By submitting information for a course completed, that was not previously approved by the Department, for the evaluation of credit. The information must include the name of the instructor(s), verification of attendance at the course, length of time of the course stated in hours and minutes, a detailed course outline indicating the scope of the course and learning objectives, and the number of continuing education units requested. Additionally, the IPM Coordinator must demonstrate that the course content is appropriate and pertinent to the use of pesticides and the implementation of IPM strategies at school buildings and other school district facilities.

 (3) If the IPM Coordinator is also a licensed applicator, the CEUs obtained for the license under §7.134 of this title (relating to Continuing Education Requirements for Certified Applicators) will count towards the six hours of IPM CEUs.

 (4) Following the three-year effective CEU period, IPM Coordinators must maintain certificates of completion for one additional calendar year (period through December 31). The certificates are subject to inspection by the Department at any time upon request.

 (5) The IPM Coordinator shall oversee and be responsible for:

   (A) coordination of pest management personnel, ensuring that all school employees who perform pest control, including those employees authorized to perform incidental use applications, have the necessary training, are equipped with the appropriate personal protective equipment, and have the necessary licenses for their pest management responsibilities;

   (B) ensuring that all IPM program records, including incidental use training records (as provided for under §7.205 of this title (relating to Incidental Use for Schools)), pest-related work orders, pest control service reports, pesticide applications, and pesticide complaints are maintained for a period of two years and are made available to a Department inspector upon request;

   (C) working with district administrators to ensure that all pest control proposal specifications for outside contractors are compatible with IPM principles, and that contractors work under the guidelines of the school district’s IPM policy;

   (D) ensuring that all pesticides used on school district property are in compliance with the school district’s IPM program and that current pesticide labels and Safety Data Sheets (SDS) are available for interested individuals upon request;

   (E) overseeing and implementing that portion of the plan that ensures that school district administrators and relevant school district personnel are provided opportunities to be informed and educated about their roles in the IPM program, reporting, and notification procedures;

   (F) pesticide applications, including the approval of emergency applications at buildings and on school district grounds, are conducted in accordance with Division 7 of this subchapter; and

   (G) maintaining a current copy of the school district’s IPM policy and making available to a Department inspector upon request.
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Source Note: The provisions of this §7.202 adopted to be effective December 21, 2015, 40 TexReg 9116


Rule 7.203 Responsibilities of Certified Applicators and Licensed Technicians
The IPM Coordinator(s) shall be responsible for implementation of the school district IPM Program. In addition, the IPM Coordinator(s) shall:

 (1) successfully complete a Department-approved IPM Coordinator training course within six months of appointment;

 (2) obtain at least six hours of Department-approved IPM continuing education units (CEU) every three years, beginning the effective date of this rule or the date of designation, whichever is later. The three-year period will begin from the date the IPM Coordinator receives initial training after being appointed by the superintendent, or if currently designated and trained as the IPM Coordinator, when this rule revision goes into effect. No approved course may be repeated for credit within the same three-year period. One of the six CEUs must be related to laws and regulations specific to IPM programs in schools. IPM Coordinators may satisfy the CEU requirements through one or more of the following methods:

   (A) Completing a Department approved training course for IPM Coordinators;

   (B) Completing courses that have been approved in the pest, lawn and ornamental, weed control or general IPM category; or

   (C) By submitting information for a course completed, that was not previously approved by the Department, for the evaluation of credit. The information must include the name of the instructor(s), verification of attendance at the course, length of time of the course stated in hours and minutes, a detailed course outline indicating the scope of the course and learning objectives, and the number of continuing education units requested. Additionally, the IPM Coordinator must demonstrate that the course content is appropriate and pertinent to the use of pesticides and the implementation of IPM strategies at school buildings and other school district facilities.

 (3) If the IPM Coordinator is also a licensed applicator, the CEUs obtained for the license under §7.134 of this title (relating to Continuing Education Requirements for Certified Applicators) will count towards the six hours of IPM CEUs.

 (4) Following the three-year effective CEU period, IPM Coordinators must maintain certificates of completion for one additional calendar year (period through December 31). The certificates are subject to inspection by the Department at any time upon request.

 (5) The IPM Coordinator shall oversee and be responsible for:

   (A) coordination of pest management personnel, ensuring that all school employees who perform pest control, including those employees authorized to perform incidental use applications, have the necessary training, are equipped with the appropriate personal protective equipment, and have the necessary licenses for their pest management responsibilities;

   (B) ensuring that all IPM program records, including incidental use training records (as provided for under §7.205 of this title (relating to Incidental Use for Schools)), pest-related work orders, pest control service reports, pesticide applications, and pesticide complaints are maintained for a period of two years and are made available to a Department inspector upon request;

   (C) working with district administrators to ensure that all pest control proposal specifications for outside contractors are compatible with IPM principles, and that contractors work under the guidelines of the school district’s IPM policy;

   (D) ensuring that all pesticides used on school district property are in compliance with the school district’s IPM program and that current pesticide labels and Safety Data Sheets (SDS) are available for interested individuals upon request;

   (E) overseeing and implementing that portion of the plan that ensures that school district administrators and relevant school district personnel are provided opportunities to be informed and educated about their roles in the IPM program, reporting, and notification procedures;

   (F) pesticide applications, including the approval of emergency applications at buildings and on school district grounds, are conducted in accordance with Division 7 of this subchapter; and

   (G) maintaining a current copy of the school district’s IPM policy and making available to a Department inspector upon request.
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Source Note: The provisions of this §7.202 adopted to be effective December 21, 2015, 40 TexReg 9116


Rule 7.204 Pesticide Use in School Districts
All pesticides used by school districts must be registered with the United States Environmental Protection Agency (EPA) and the Texas Department of Agriculture, with the exception of those pesticides that have been exempted from registration by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), Section 25(b). All pesticides used by school districts must also bear a label as required by FIFRA and Chapter 76 of the Texas Agriculture Code. Pesticides intended and labeled for use on humans are exempt from this section. Pesticide use must also meet the following requirements:

 (1) Pest control signs shall be posted at least 48 hours prior to a pesticide application inside school district buildings as provided for under §7.148 of this title (relating to Responsibilities of Unlicensed Persons for Posting and Notification).

 (2) For outdoor applications made on school district grounds, the treated area must be identified at all entry points with a sign, or must be secured using a locking device, a fence or other practical barrier such as commercially available barrier caution tape, or periodically monitored to keep students out of the treated area until the allowed re-entry time.

 (3) Pesticides used on school district property shall be mixed outside of student occupied areas of buildings and grounds.

 (4) The use of non-pesticide control measures, non-pesticide monitoring tools and mechanical devices, such as glue boards and traps as permitted in accordance with Division 7 of this subchapter (relating to Integrated Pest Management Program for School Districts), are exempt from posting requirements. The use of non-pesticide tools and devices by unlicensed school district personnel, for monitoring purposes, shall be permitted. Monitoring by unlicensed school district personnel shall be done only as directed, under the supervision of the IPM Coordinator.

 (5) Pesticide applications shall not be made to outdoor school grounds if such an application will expose students to physical drift of pesticide spray particles. Reasonable preventive measures shall be taken to avoid the potential of drift to occur.

 (6) School districts are allowed to apply the following pesticides to control pests, rodents, insects and weeds at school buildings, grounds or other facilities in accordance with the approval for use and restrictions listed for each category:

   (A) Green Category Pesticides.

     (i) Definition: A pesticide will be designated as a Green Category pesticide if it meets the following criteria:

       (I) all active ingredients belonging to EPA toxicity categories III and IV;

       (II) it contains a CAUTION signal word on the product label, unless no signal word is required to appear on the product label as determined by EPA; and

       (III) it consists of the active ingredient boric acid; disodium octoborate tetrahydrate or related boron compounds; silica gel; diatomaceous earth; or belongs to the class of pesticides that are insect growth regulators; microbe-based insecticides; botanical insecticides containing no more than 5% synergist (and does not include synthetic pyrethroids); biological (living) control agents; pesticidal soaps; natural or synthetic horticultural oils; or insect and rodent baits in tamper-resistant containers, or for crack-and-crevice use only;

     (ii) Approval for Use: Green Category pesticides do not require prior written approval. These pesticides may be applied at the licensee’s discretion under the guidelines of the school district IPM program.

     (iii) Restrictions:

       (I) Green Category pesticides may be applied indoors if students are not present and are not expected to be present in the room or treated area at the time of application. Reentry into the treated area is permitted as soon as the application is complete, the pesticide spray has dried, or the reentry interval specified on the pesticide label has expired, whichever interval is longer.

       (II) Green Category pesticides may be applied outdoors if students are not present within ten (10) feet of the application site at the time of treatment. Students are allowed re-entry into the treated area as soon as the application is complete, the pesticide spray has dried or the reentry interval specified on the pesticide label has expired, whichever interval is longer.

   (B) Yellow Category Pesticides.

     (i) Definition: A pesticide will be designated as a Yellow Category pesticide if it meets the following criteria:

       (I) all active ingredients belonging to EPA toxicity categories III and IV;

       (II) it contains a CAUTION signal word on the product label, unless no signal word is required to appear on the product label as determined by EPA; and

       (III) it does not meet the criteria to be designated as a Green Category pesticide under subparagraph (A)(i) of this paragraph.

     (ii) Approval for Use: Yellow Category pesticides require written approval from the certified applicator prior to their use. Yellow Category pesticide approvals shall have a duration of no longer than six (6) months or six (6) applications per site, whichever occurs first.

     (iii) Restrictions:

       (I) Yellow Category pesticides may be applied indoors if students are not present or not expected to be present in the room or treated area within the next four (4) hours following the application, or until the reentry interval specified on the pesticide label has expired, whichever interval is longer.

       (II) Yellow Category pesticides may be applied outdoors if students are not present or not expected to be present within ten (10) feet of application site and the area is secured and reentry is in accordance with this section for no less than four (4) hours, or until the reentry interval specified on the pesticide label has expired, whichever interval is longer.

       (III) The treated area must be clearly posted at all entry points with a sign, or secured using a locking device, a fence or other practical barrier such as commercially available barrier caution tape, or periodically monitored to keep students out of the treated area until the allowed re-entry time.

   (C) Red Category Pesticides.

     (i) Definition: A pesticide will be designated as a Red Category Pesticide if it meets the following criteria:

       (I) all active ingredients belonging to EPA toxicity category I or II;

       (II) it contains a WARNING or DANGER signal word on the product label; and

       (III) it contains an active ingredient that has been designated as a restricted use pesticide, a state-limited-use pesticide or a regulated herbicide; and it does not meet the criteria to be designated as a Green Category pesticide under subparagraph (A)(i) of this paragraph, or a Yellow Category pesticide under subparagraph (B)(i) of this paragraph.

     (ii) Approval for Use: Prior to the application, licensees must provide written justification to the IPM Coordinator for the use of the Red Category pesticide and must obtain signed approval for the application from the IPM Coordinator. Red Category pesticide approvals shall have a duration of no longer than three (3) months or three (3) applications per site, whichever occurs first.

     (iii) Restrictions.

       (I) Red Category pesticides may be applied indoors if students are not present and are not expected to be present in the room or treated area within eight (8) hours following the application, or until the reentry interval specified on the pesticide label has expired, whichever interval is longer.

       (II) Red Category pesticides may be applied outdoors if students are not present within twenty-five (25) feet of the application site, the area is secured in accordance with this section, and reentry by students is prohibited for no less than eight (8) hours, or until the reentry interval specified on the pesticide label has expired, whichever interval is longer.

       (III) The treated area must be clearly posted at all entry points with a sign, or secured using a locking device, a fence or other practical barrier such as commercially available barrier caution tape, or periodically monitored to keep students out of the treated area until the allowed re-entry time.
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Source Note: The provisions of this §7.204 adopted to be effective December 21, 2015, 40 TexReg 9116


Rule 7.205 Incidental Use for Schools
(a) The Incidental Use For Schools Fact Sheet must contain the following text: “This fact sheet must be distributed to all employees of school districts who apply general use Green Category pesticides (or Yellow Category pesticides specific to ant, bee and wasp applications) and are not licensed by the Texas Department of Agriculture. The fact sheet, instruction and training must be provided upon initial employment by the school district’s IPM Coordinator, and thereafter must be available as needed. These general use Green Category pesticides include insecticides only and involve applications made both inside and outside of structures. Incidental Use is not intended for long term or extensive pest control measures, rather emergency situations where safety of students or workers is at risk and there is insufficient time to contact a licensed applicator. Where long term pest control is required, a trained, licensed person is to make the applications. Examples of Incidental Use situations are treating fire ants in a transformer box or treatments for bees or wasps as a non-routine application to protect children or personnel. Incidental Use is defined as site-specific and incidental to the employee’s primary duties. If it is part of the employee’s primary duty to make applications of pesticides, that employee is required by law to obtain a Texas Department of Agriculture license, depending on the location and type of application. In all cases of incidental use, the employee should use the least hazardous, effective method of controlling pests. All applications to schools or school grounds must be in compliance with school district IPM policies. If chemicals are utilized, they must be applied in strict accordance with manufacturer labels of products being used. Applications made inconsistent with the Department’s law and regulations, or applications made inconsistent with the label requirements of the product may result in an enforcement action being taken against the individual and/or the certified applicator or technician responsible. Incidental pesticide use in schools is regulated by the Texas Department of Agriculture. If you have any questions or comments, contact the Texas Department of Agriculture, phone number 1-866-918-4481 or P.O. Box 12847, Austin, Texas 78711-2847.”

(b) The Incidental Use For Schools Fact Sheet must be provided during pesticide instruction and training by the IPM Coordinator to each employee of the school district whose primary duty is not pest control, and whose work may include tasks subject to the exception. The IPM Coordinator must keep records of all the training conducted annually.

(c) Primary duty is defined as a job duty that is part of a written job description or is a regularly assigned task of the employee.

(d) Pest control use records for all incidental pesticide use application, including the reason for application and justification for emergency, must be maintained by the IPM Coordinator for a period of two years.

(e) Incidental pesticide use in school districts is limited to insecticides that are Green and Yellow Category pesticides.
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Source Note: The provisions of this §7.205 adopted to be effective December 21, 2015, 40 TexReg 9116




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