TITLE 22.EXAMINING BOARDS

Part 25. TEXAS STRUCTURAL PEST CONTROL BOARD

Chapter 593. LICENSES

22 TAC §593.1

The Texas Structural Pest Control Board adopts an amendment to §593.1, concerning Persons Required to Secure License, without changes to the proposed text as published in the April 22, 2005, issue of the Texas Register (30 TexReg 2350).

Justification for the rule is that the proposal will codify statute language and clarify the requirements for each license category.

The rule will function in reflecting the correct statutory language. The rule change also adds clarity by defining each certified applicator type. The rule also explains the license status of a technician who has just started as an apprentice.

No comments were received.

No group or association made comments for or against the rule.

The amendment is adopted under the Structural Pest Control Act, Chapter 1951 of the Occupations Code, which provides the Texas Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 24, 2005.

TRD-200502089

Dale Burnett

Executive Director

Texas Structural Pest Control Board

Effective date: June 13, 2005

Proposal publication date: April 22, 2005

For further information, please call: (512) 305-8270


22 TAC §593.3

The Texas Structural Pest Control Board adopts an amendment to §593.3, concerning Insurance Requirement, without changes to the proposed text as published in the April 22, 2005, issue of the Texas Register (30 TexReg 2351).

Justification for the rule is that the changes will provide clarification to insurance requirements for inactive licensees.

The rule will function in reflecting the current Board practice of establishing proof of insurance. Other language changes were for clarity.

No comments were received.

No group or association made comments for or against the rule.

The amendment is adopted under the Structural Pest Control Act, Chapter 1951 of the Occupations Code, which provides the Texas Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 24, 2005.

TRD-200502090

Dale Burnett

Executive Director

Texas Structural Pest Control Board

Effective date: June 13, 2005

Proposal publication date: April 22, 2005

For further information, please call: (512) 305-8270


22 TAC §593.4

The Texas Structural Pest Control Board adopts an amendment to §593.4, concerning Resident Agent, without changes to the proposed text as published in the April 22, 2005, issue of the Texas Register (30 TexReg 2352).

Justification for the rule is that the change will update the rule and expressly includes all license categories.

The rule will function in making it clear that if a resident agent is not designated, then the Texas Secretary of State will automatically be designated.

No comments were received.

No group or association made comments for or against the rule.

The amendment is adopted under the Structural Pest Control Act, Chapter 1951 of the Occupations Code, which provides the Texas Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 24, 2005.

TRD-200502091

Dale Burnett

Executive Director

Texas Structural Pest Control Board

Effective date: June 13, 2005

Proposal publication date: April 22, 2005

For further information, please call: (512) 305-8270


22 TAC §593.5

The Texas Structural Pest Control Board adopts an amendment to §593.5, concerning Examinations, without changes to the proposed text as published in the April 22, 2005, issue of the Texas Register (30 TexReg 2352).

Justification for the rule is that the proposal will improve readability and promote uniformity.

The rule will function on several levels. First, out-of-state experience is clarified. The proposal also now incorporates computer based testing. The regulation received additional clarification on what is a pest and the changes also clarify some treatment methods. Also, the educational requirements were clarified when an applicant possesses a degree. Finally, the order was changed on some rules to provide clarity to a reader of the regulations.

No comments were received.

No group or association made comments for or against the rule.

The amendment is adopted under the Structural Pest Control Act, Chapter 1951 of the Occupations Code, which provides the Texas Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 24, 2005.

TRD-200502092

Dale Burnett

Executive Director

Texas Structural Pest Control Board

Effective date: June 13, 2005

Proposal publication date: April 22, 2005

For further information, please call: (512) 305-8270


22 TAC §593.6

The Texas Structural Pest Control Board adopts an amendment to 22 TAC §593.6 concerning License Expiration and Renewal without changes to the proposed text as published in the April 22, 2005, issue of the Texas Register (30 TexReg 2355).

Justification for the rule is that the proposal will improve readability and promote uniformity.

The rule will function on several levels. The changes will provide clarification. The requirement will also incorporate the statutory requirements of Occ. Code §1951.302. Lastly, the two year requirement on certified non-commercial applicators is changed to one year. This change will bring the Board's licensing requirements closer to the Board's actual requirements for licensing commercial applicators.

No comments were received.

No group or association made comments for or against the rule.

The amendment is adopted under the Structural Pest Control Act, Chapter 1951 of the Occupations Code, which provides the Texas Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 24, 2005.

TRD-200502093

Dale Burnett

Executive Director

Texas Structural Pest Control Board

Effective date: June 13, 2005

Proposal publication date: April 22, 2005

For further information, please call: (512) 305-8270


22 TAC §593.7

The Texas Structural Pest Control Board adopts an amendment to 22 TAC §593.7 concerning Fees without changes to the proposed text as published in the April 22, 2005, issue of the Texas Register (30 TexReg 2356).

Justification for the rule is that the proposal provides clarity as to how long a license is valid.

The rule will function by providing clarification as to the length of time a license will run.

No comments were received.

No group or association made comments for or against the rule.

The amendment is adopted under the Structural Pest Control Act, Chapter 1951 of the Occupations Code, which provides the Texas Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 24, 2005.

TRD-200502094

Dale Burnett

Executive Director

Texas Structural Pest Control Board

Effective date: June 13, 2005

Proposal publication date: April 22, 2005

For further information, please call: (512) 305-8270


22 TAC §593.11

The Texas Structural Pest Control Board adopts an amendment to 22 TAC §593.11, concerning Certified Noncommercial Applicator Restrictions, without changes to the proposed text as published in the April 22, 2005, issue of the Texas Register (30 TexReg 2356).

Justification for the rule is that the proposal provides grammatical changes.

The rule will function by providing for grammatical changes.

No comments were received.

No group or association made comments for or against the rule.

The amendment is adopted under the Structural Pest Control Act, Chapter 1951 of the Occupations Code, which provides the Texas Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 24, 2005.

TRD-200502095

Dale Burnett

Executive Director

Texas Structural Pest Control Board

Effective date: June 13, 2005

Proposal publication date: April 22, 2005

For further information, please call: (512) 305-8270


22 TAC §593.21

The Texas Structural Pest Control Board adopts an amendment to 22 TAC §593.21, concerning Technician License Requirements, without changes to the proposed text as published in the April 22, 2005, issue of the Texas Register (30 TexReg 2357).

Justification for the rule is that the proposal improves readability and promote uniformity.

The rule will function by making clear some of calendar time lines for getting a technician's license. The changes will also add some additional requirements for submitting a correct application. Other changes are grammatical in nature or the changes were made to reflect the change in the statutory name. Another change was made on the renewal date. This change clearly spells out that the birthdate is the demarcation line for making a determination on renewals.

No comments were received.

No group or association made comments for or against the rule.

The amendment is adopted under the Structural Pest Control Act, Chapter 1951 of the Occupations Code, which provides the Texas Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 24, 2005.

TRD-200502096

Dale Burnett

Executive Director

Texas Structural Pest Control Board

Effective date: June 13, 2005

Proposal publication date: April 22, 2005

For further information, please call: (512) 305-8270


22 TAC §593.23

The Texas Structural Pest Control Board adopts an amendment to 22 TAC §593.23, concerning Continuing Education Requirements for Certified Applicators, without changes to the proposed text as published in the April 22, 2005, issue of the Texas Register (30 TexReg 2359).

Justification for the rule is that the proposal improves readability and promote uniformity.

The rule will function by changing references from gender to licensee to reflect the use of the correct language. The change on time is made to reflect that individuals will change employers. The other changes reflect the conditions for hardship as listed in 22 TAC §593.8. The deletion of the reference to the Board reflects the actual practice that the Executive Director decides hardship requests. Lastly, the change on records is made to be consistent with the proposed change to 22 TAC §593.21(j).

No comments were received.

No group or association made comments for or against the rule.

The amendment is adopted under the Structural Pest Control Act, Chapter 1951 of the Occupations Code, which provides the Texas Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 24, 2005.

TRD-200502097

Dale Burnett

Executive Director

Texas Structural Pest Control Board

Effective date: June 13, 2005

Proposal publication date: April 22, 2005

For further information, please call: (512) 305-8270


22 TAC §593.24

The Texas Structural Pest Control Board adopts an amendment to 22 TAC §593.24, concerning Criteria and Evaluation of Continuing Education, without changes to the proposed text as published in the April 22, 2005, issue of the Texas Register (30 TexReg 2360).

Justification for the rule is that the proposal improves readability and promote uniformity. The change also expands on the penalties for individuals who do not follow Board requirements for continuing education providers.

The rule will function by deleting unnecessary grammer like recency. The addition of physical address will be an aid to investigators in monitoring presentations. The last change will be for those CEU providers who are not deterred by monetary penalties.

No comments were received.

No group or association made comments for or against the rule.

The amendment is adopted under the Structural Pest Control Act, Chapter 1951 of the Occupations Code, which provides the Texas Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 24, 2005.

TRD-200502098

Dale Burnett

Executive Director

Texas Structural Pest Control Board

Effective date: June 13, 2005

Proposal publication date: April 22, 2005

For further information, please call: (512) 305-8270