ADOPTED RULES
An agency may take final action on a section 30 days after a proposal has been 
published in the Texas Register. The section becomes effective 20 days after the 
agency files the correct document with the Texas Register, unless a later date 
is specified or unless a federal statute or regulation requires implementation 
of the action on shorter notice.
If an agency adopts the section without any changes to the proposed text, only 
the preamble of the notice and statement of legal authority will be published. 
If an agency adopts the section with changes to the proposed text, the proposal 
will be republished with the changes.

TITLE 22. EXAMINING BOARDS
PART XXV. Structural Pest Control Board
CHAPTER 599. Treatment Standards
22 TAC sec.599.3, sec.599.4
The Texas Structural Pest Control Board adopts amendments to sec.599.3 and 
sec.599.4, with changes to the proposed text as published in the August 9, 1996, 
issue of the Texas Register (21 TexReg 7523). 
Justification for the rule will be increased compliance with the state and 
federal regulations governing pre-construction termite treatments resulting in 
reduced long term costs to consumers and better enforcement of the existing 
treatment regulations. 
The rules will function in that the amendments require notice of partial pre-
construction treatments to be sent to the Structural Pest Control Board and the 
owner of the property. They also require notice of all commercial pre-
construction treatments to be telephoned or faxed to the Structural Pest Control 
Board four to 24 hours prior to treatment. The amendments add additional 
recordkeeping requirements and set a minimum fine for violations of sec.599.3 of 
$3,000. The amendment to sec.599.4 adds a requirement that transferability of a 
warranty to a new property owner be disclosed and correct the Structural Pest 
Control Board location information. The amendment also prescribes that a new 
official termite pre-treatment disclosure document must be provided to, and 
signed by the contractor or purchaser of the service and sets a minimum penalty 
of $3,000 for failure to do so. The amendment also requires that the Board's 
official consumer information sheet be included in all disclosure. Many 
individuals commented in favor of the rule as proposed. Some made comments 
requesting additional Bolding and clarification in the disclosure. This was 
incorporated into the rules as adopted. 
There were no groups or associations making comments for or against the rules. 
The agency agrees with the comments and incorporated the suggestions made by 
commenters regarding bolding and clarifications in the disclosures. 
The amendments are adopted under Texas Civil Statutes, Article 135b-6, which 
provide the Structural Pest Control Board with the authority to license and 
regulate persons who provide structural pest control services. 

sec.599.3. Subterranean Termite Pre-Construction Treatments. 
(a) All pesticide applications must be made by using the application rate and 
methods and by following the precautionary statements on the labeling of the 
pesticide being used. Treatments using less than label recommended 
concentrations at higher volume or higher concentrations at reduced volume 
applications are prohibited for pre-construction treatments. 
(b) For a full treatment, the entire structure shall be treated to provide a 
continuous horizontal and vertical barrier as described on the pesticide label 
including the posting of a treatment sticker and the final treatment to be 
performed within 30 days of notification of completion of landscaping or one 
year from the date of completion of construction, whichever comes first. Except, 
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 will be permitted if the owner of the structure or the 
person in charge of the construction and the certified applicator for the pest 
control company sign a statement attesting to the construction conditions, and 
attach it to the contract with an amended graph showing the exact areas to be 
treated and send copies to the owner of the property and the Structural Pest 
Control Board within seven days of the application. 
(c)-(d) (No change.) 
(e) Notice of all pre-construction treatments with contracts requiring treatment 
of a structure other than a single family dwelling must be called or faxed in to 
the Structural Pest Control Board between the hours of 6:00 a.m. and 9:00 p.m. 
using the specified telephone or fax number at least four, and no more than 24 
hours prior to termiticide application. The licensee must provide address and 
site location, type of treatment (partial or full), date and time of treatment, 
approximate square footage under contract and the name and physical address of 
the business licensee. 
(f) For all pre-construction treatments, the licensee must maintain records of 
square footage treated per application site, amount of termiticide used per 
application site, and rate at which termiticide is mixed for each application 
site. 
(g) Any violation of this section will result in an administrative penalty of 
not less than $3,000 per violation and is considered a base penalty 4. 
(h) The Board will begin review of this section two years  after its effective 
date. 

sec.599.4. Termite Treatment Disclosure Documents.
(a) (No change.) 
(b) Each termite treatment disclosure document shall include, but is not limited 
to: 
(1)-(5) (No change.) 
(6) for subterranean post construction treatments the following statements and 
definitions in at least 8-point type: A termite treatment may be a full 
treatment, partial treatment or spot treatment, these types of treatments are 
defined as follows: 
(A) Full Treatment 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.
(B) Slab Construction Generally defined as treatment of the perimeter and all 
known slab penetrations as well as any known expansion joints or stress cracks. 
(C) Partial Treatment Any treatment which is less than what is typically 
considered to be a full treatment. This technique allows a wide variety of 
treatment strategies but is more involved than a spot treatment (see definition 
in subparagraph (D) of this paragraph). Ex: treatment of the perimeter and bath 
traps. 
(D) Spot Treatments Any treatment which concerns a limited, defined area that is 
intended to protect a specific location or "spot". Often there are adjacent 
areas susceptible to termite infestation which are not treated. For all 
treatments there will be a graph 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 service provider or the Texas Structural Pest Control 
Board, 1106 Clayton Lane, #100LW, Austin, Texas 78723, (512) 451-7200. 
(7) For pre-construction treatments, The Board-approved Termite Pretreatment 
Disclosure Document (SPCB/D-1) must be provided to, and signed by, the 
contractor or purchaser of the pretreatment service. A signed copy must be kept 
in the pest control use records of the licensee. Failure to provide this 
document will result in an administrative penalty of not less than $3,000 per 
violation. The text and format of the termite pre-treatment disclosure document 
shall be as follows: 
Figure 1: 22 TAC sec.599.4(b)(7) 
(8)-(9) (No change.) 
(10) A consumer information sheet as required by sec.595.7 of this title 
(relating to Consumer Information Sheet). 
(c) (No change.) 
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. 
Issued in Austin, Texas, on October 14, 1996.
TRD-9615057
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Effective date: January 1, 1997
Proposal publication date: August 9, 1996
For further information, please call: (512) 451-7200