22 TAC §591.21
The Structural Pest Control Board adopts amendments of 22
TAC §591.21 with changes to the proposed text published in the March
1, 2002, issue of the
Texas Register
(27 TexReg
1440).
Justification for the rule is the clarification of the designation of those
applications and records as an original or an official paper relied upon as
the basis or in support of the authenticity of record.
The rule will function in that those records and applications designated
as documents will be maintained in accordance with the requirements of the
State of Texas.
There were no comments received regarding this amendment.
There were no groups or associations making comments for or against the
rule.
The amendment is adopted under Article 135b-6, Tex.Rev.Civ.Stat.Ann.,
which provides the Structural Pest Control Board with the authority to license
and regulate the pest control industry.
§591.21.Definition of Terms.
In addition to the definitions set out in the Structural Pest Control
Act, Section 2, 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, Texas Civil
Statutes, Article 135b-6, as amended.
(2)
Apprentice--A sales or service employee who has been registered
with the Structural Pest Control Board, but has not yet passed a technician
examination. An apprentice card is valid for a maximum of twelve (12) months.
(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)
Board--The Structural Pest Control Board
(6)
Category--The type of service or services a person or business
entity is authorized to perform.
(7)
Chairman--An individual appointed by the Governor, who
presides at the Board meetings.
(8)
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 pest control
work.
(9)
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 paperwork required by the Board.
Relevant sections of the document must be filled out in its entirety when
provided or presented by a licensee to either the customer or the Board. Documents
required to be maintained by a licensee must be made available to the Board
upon request.
(10)
Executive Director--The person employed by the Board who
administers the provisions of this of this Act and the rules and regulations
promulgated by the Board.
(11)
Investigator--A structural pest control investigator employed
by the Board.
(12)
License--A document issued by the Board to a person authorizing
the practicing and/or supervising of the professional service or services
indicated thereon.
(13)
Licensee--The holder of a valid license.
(14)
Personal Contact--Physical presence at a work location.
(15)
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.
(16)
Suspend--To cease operations for a period of time as specified
by the Board.
(17)
Vice-Chairman--An individual appointed Board member elected
by the Board who presides at the Board meeting in the absence of the Chairman.
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 June 26, 2002.
TRD-200204031
Dale Burnett
Executive Director
Structural Pest Control Board
Effective date: July 16, 2002
Proposal publication date: March 1, 2002
For further information, please call: (512) 451-7200