Tex. Agric. Code Section 76.108
Commercial Applicator License


(a)

A person who operates a business or is an employee of a business that applies state-limited-use or restricted-use pesticides or regulated herbicides to the land of another person for hire or compensation and who is required to be licensed by Section 76.105 (License Required) of this code shall apply to the appropriate regulatory agency for a commercial applicator license issued for the license use categories and subcategories in which the pesticide application is to be made.

(b)

A person shall apply for an original or renewal commercial applicator license on forms prescribed by the regulatory agency. The application shall include information as required by rule of the head of the agency and must be accompanied by an annual license fee, as fixed by the head of the agency.

(c)

The head of a regulatory agency may not issue an original commercial applicator license before the applicant has passed an examination under Section 76.110 (Commercial and Noncommercial Applicator Examination; Reciprocal Agreements) of this code.

(d)

The head of a regulatory agency may not issue a commercial applicator license if it has been determined that:

(1)

the applicant has been convicted of a felony involving moral turpitude in the last five years;

(2)

the applicant has had a license issued under this subchapter revoked within the last two years;

(3)

the applicant has been unable to satisfactorily fulfill licensing requirements; or

(4)

the applicant for any other reason cannot be expected to be able to fulfill the provisions of this subchapter applicable to the license use category for which application is made.

(e)

An individual to whom a commercial applicator license is issued is authorized to purchase, use, and supervise the use of restricted-use and state-limited-use pesticides or regulated herbicides in the license use categories and subcategories in which the individual is licensed.

(f)

As a condition to issuance of a commercial applicator license, an applicant located outside this state shall file with the regulatory agency a written instrument designating a resident agent for service of process in actions taken in the administration and enforcement of this chapter. Instead of designating a resident agent, the applicant may designate in writing the secretary of state as the recipient of service of process for the applicant in this state.
Acts 1981, 67th Leg., p. 1198, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1981, 67th Leg., p. 2590, ch. 693, Sec. 4, eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 239, Sec. 65, eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 230, Sec. 92, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 419, Sec. 2.38, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.

Source: Section 76.108 — Commercial Applicator License, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­76.­htm#76.­108 (accessed Apr. 13, 2024).

76.001
Definitions
76.002
Pests
76.003
State-limited-use Pesticides
76.004
Department Rules
76.006
Pesticide Examination and Testing
76.007
Interagency Cooperation
76.008
Exemption
76.009
Pesticide Disposal Fund
76.021
Labeling Information
76.022
Conspicuous Lettering
76.023
Misbranded Pesticide or Device
76.041
Registration Required
76.042
Content of Registration Application
76.043
Expiration and Renewal
76.044
Fees
76.045
Registration for Special Local Need
76.046
Denial or Cancellation of Registration
76.047
Experimental Use Permit
76.071
License Required
76.072
Expiration
76.073
Fees
76.074
Display of Dealer License
76.075
Records
76.076
Denial, Revocation, Modification, or Suspension of License
76.077
Exceptions
76.101
Coordination
76.102
Agencies Responsible for Licensing Pesticide Applicators
76.103
Program Contingent on Federal Funds
76.104
Agency Rules for Application of a Pesticide
76.105
License Required
76.106
Classification of Licenses
76.107
Licensing by More than One Agency
76.108
Commercial Applicator License
76.109
Noncommercial Applicator License
76.110
Commercial and Noncommercial Applicator Examination
76.111
Applicator Businesses
76.112
Private Applicator
76.113
Term and Renewal of Licenses
76.114
Records
76.115
Inspection of Equipment
76.116
Suspension, Modification, or Revocation of License
76.117
Property Owner Use
76.118
Exemption for Licensed Veterinarians
76.119
Disclosure of Information Relating to Private Pesticide Applicator License Holders
76.120
Emergency Mosquito Control by Certain Municipal or County Employees
76.131
Rules
76.132
Disposal of Pesticide
76.141
Regulated Herbicides
76.142
Application of Regulated Herbicide
76.143
Public Hearing
76.144
County Herbicide Regulations
76.151
Entry Power
76.152
Sampling
76.153
Stop Use, Stop Distribution, or Removal Order
76.154
Injunction
76.155
Prosecutions
76.156
Civil Penalty
76.181
Appeal of Denial or Cancellation of Pesticide Registration
76.182
Appeal of Permit or License Denial, Suspension, Modification, or Revocation
76.183
Appeal of Stop Use, Stop Distribution, or Removal Order
76.184
Reports of Pesticide Adverse Effects
76.185
Damages Resulting from Application of Pesticide Under Government Program
76.201
Offenses
76.202
Penalty
76.203
Defenses
76.1095
Noncommercial Applicator License for Mosquito Control in Border Counties
76.1555
Administrative Penalty

Accessed:
Apr. 13, 2024

§ 76.108’s source at texas​.gov