Tex. Occ. Code Section 1951.053
Person Performing Pest Control Work Otherwise Regulated by Department


(a)

Except as provided by Sections 1951.212 (Integrated Pest Management Programs for School Districts) and 1951.457 (Pest Control Information for Outdoor Treatments)(c), this chapter does not apply to:

(1)

a person who performs pest control work on growing plants, trees, shrubs, grass, or other horticultural plants if the person holds a commercial or noncommercial applicator license from the department and issued under Chapter 76 (Pesticide and Herbicide Regulation), Agriculture Code, that covers the pest control work or is under the direct supervision of a person who holds a commercial or noncommercial applicator license from the department and issued under Chapter 76 (Pesticide and Herbicide Regulation), Agriculture Code, that covers pest control work; or

(2)

a person who performs pest control work on growing plants, trees, shrubs, grass, or other horticultural plants or rights-of-way if the person:

(A)

is employed by a political subdivision or a cemetery;

(B)

is engaged in pest control work or vegetation management for the political subdivision or cemetery;

(C)

holds a commercial or noncommercial applicator license from the department and issued under Chapter 76 (Pesticide and Herbicide Regulation), Agriculture Code, that covers pest control work or is under the direct supervision of a person who holds a commercial or noncommercial applicator license from the department and issued under Chapter 76 (Pesticide and Herbicide Regulation), Agriculture Code, that covers pest control work; and

(D)

complies with annual continuing education required by the department.

(b)

A person described by Subsection (a) is not considered to be engaged in the business of structural pest control.

(c)

Neither this section nor any other law shall prohibit a political subdivision from reducing the number of hours of training or other requirements for an employee conducting larval mosquito control on property owned or controlled by the political subdivision using biological pesticides approved for general use by the Department of State Health Services, provided the employee is given instructions adequate to ensure the safe and effective use of such pesticides.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 884, Sec. 2, eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. 1.03, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 7.05, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 17 (H.B. 1070), Sec. 1, eff. May 15, 2021.

Source: Section 1951.053 — Person Performing Pest Control Work Otherwise Regulated by Department, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­1951.­htm#1951.­053 (accessed Jun. 5, 2024).

1951.001
Short Title
1951.002
Definitions
1951.003
Business of Structural Pest Control
1951.004
Direct Supervision
1951.005
Local Regulation of Pesticide Sale or Use
1951.006
Applicability of Fees to Government Employees
1951.007
Applicability of Agriculture Code Licensing Provisions
1951.0021
Structural Pest Control Service
1951.051
Individual Performing Pest Control Work on Own or Employer’s Premises
1951.052
Person Performing Pest Control Work on Person’s Dwelling
1951.053
Person Performing Pest Control Work Otherwise Regulated by Department
1951.054
Person Performing Pest Control Work on Agricultural Land
1951.055
Person Using Pest Control Chemicals for Household Use
1951.056
Beekeepers
1951.057
Falconers
1951.058
Activities Not Involving Pesticides
1951.059
Activities Involving Minimal Risk of Harm
1951.101
Committee Membership
1951.102
Eligibility of Public Members
1951.103
Membership Restrictions
1951.104
Duties of Committee
1951.105
Rules Governing Committee
1951.106
Applicability of Other Law to Committee
1951.201
Sole Licensing Authority
1951.203
Standards and Criteria for Licenses
1951.204
Subpoena Authority
1951.205
Environmental Rules
1951.206
Rules Restricting Advertising or Competitive Bidding
1951.207
Inspection of License Holders
1951.208
Misapplication of Pesticides
1951.209
Availability of Certain Information
1951.210
Pretreatment Inspection Service
1951.211
Consultation with Integrated Pest Management Techniques Expert
1951.212
Integrated Pest Management Programs for School Districts
1951.251
Public Interest Information
1951.252
Complaints
1951.253
Public Participation
1951.254
Public Information Program
1951.255
Enforcement Information
1951.301
Structural Pest Control Business License Required
1951.302
Certified Commercial Applicator’s License
1951.303
Certified Noncommercial Applicator’s License
1951.304
Technician License
1951.305
Application
1951.306
Waiver for Applicant Licensed in Another State
1951.307
License Renewal
1951.308
License Expiration
1951.309
Fee for Initial or Renewal License
1951.312
Liability Insurance
1951.313
Memorandum of Agreement
1951.314
License Not Transferable
1951.315
Continuing Education Requirements
1951.351
Technician Training Program
1951.352
New Developments
1951.353
Fees Related to Training Programs
1951.401
Examination for Certified Applicator’s License
1951.402
Examination for Technician License
1951.403
Examination Fee
1951.404
List of Study Materials and Seminars
1951.405
Examination Results
1951.406
Examination Policy
1951.451
Contract for Pest Control Services
1951.452
Records of License Holder
1951.453
Pest Control Information for Indoor Treatments: Residential Property
1951.454
Pest Control Information for Indoor Treatments: Workplace
1951.455
Pest Control Information for Indoor Treatments: Certain Other Buildings
1951.456
Pest Control Information for Indoor Treatments
1951.457
Pest Control Information for Outdoor Treatments
1951.458
Practice by Noncommercial Applicator or Technician
1951.459
Pest Control Services for Certain Buildings
1951.501
Disciplinary Powers of Commissioner Relating to Structural Pest Control
1951.502
Right to Hearing
1951.503
Judicial Review
1951.504
Settlement of Contested Cases
1951.505
Effect of Revocation
1951.506
Emergency Suspension
1951.601
Enforcement Action for Misapplication of Pesticides
1951.602
Civil Penalty
1951.603
Criminal Penalty

Accessed:
Jun. 5, 2024

§ 1951.053’s source at texas​.gov