TITLE 22.EXAMINING BOARDS

Part 12. BOARD OF VOCATIONAL NURSE EXAMINERS

Chapter 235. LICENSING

Subchapter D. ISSUANCE OF LICENSES

22 TAC §235.48

The Board of Vocational Nurse Examiners proposes an amendment to §235.48, relating to reactivation of a license. The amendment will change subsection (e) from five to ten years.

Terrie L. Hairston, Executive Director, has determined that for the first five year period the rule is in effect, there will be no fiscal implication for state or local government as a result of enforcing or administering the rule.

Ms. Hairston has also determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be consistency in the rules. There will be no effect on small businesses. There is no anticipated economic costs to persons who are required to comply with the rule as proposed.

Comments may be submitted to Terrie L. Hairston, Executive Director, Board of Vocational Nurse Examiners, 333 Guadalupe, Suite 3-400, Austin, Texas 78701.

The amendment is proposed under Chapter 302, Texas Occupations Code, Subchapter D, §302.151(b), which provides the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purpose of the law.

No other statute, article or code will be affected by this proposal.

§235.48.Reactivation of a License.

(a) - (c) (No change.)

(d) If a [ A ] temporary permit is required to complete a refresher course or agreement to supervised employment, one will be issued upon receipt of the required documentation and fees in the Board office.

(e) An individual whose license is in an inactive or delinquent status for ten [ five ] years or longer will not be issued a renewed license. The licensee shall be required to repeat the vocational nursing program, and shall take and pass the national licensure examination, unless subsection (b)(2) of this section is met.

(f) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 13, 2003.

TRD-200300160

Terrie Hairston, RN, CHE

Executive Director

Board of Vocational Nurse Examiners

Earliest possible date of adoption: March 2, 2003

For further information, please call: (512) 305-7653


Part 25. STRUCTURAL PEST CONTROL BOARD

Chapter 595. COMPLIANCE AND ENFORCEMENT

22 TAC §595.4

The Structural Pest Control Board proposes amendments of 22 TAC §595.4 concerning pest control use records. The proposal specifies that the pesticides/devices used are registered with the U.S. Environmental Protection Agency (EPA), Texas Department of Agriculture (TDA) and approved by the Structural Pest Control Board. The proposal also requires the square footage of the devices be maintained and a diagram describing the installation be kept as part of the information included in the pest control use records.

Dale Burnett, Executive Director has determined that there will not be fiscal implications as a result of enforcing or administering the rule. There will be no estimated additional cost, estimated reduction in cost or estimated loss or increase in revenue to state or local government for the first five year period the rule will be in effect. There is no cost of compliance with the rule for small businesses. There will be no cost comparison for cost per employee, cost per hour of labor or cost per $100 of sales for small or larger businesses.

Dale Burnett, Executive Director has determined that for each year of the first five years the rule as proposed is in effect, the public benefits anticipated as a result of enforcing the rule as proposed will be the clarification that all pesticides/devices used and maintained in the business use records are registered with the Environment Protection Agency, Texas Department of Agriculture and/or approved by the Structural Pest Control Board. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed.

Comments on the proposal may be submitted to Frank M. Crull, General Counsel, Structural Pest Control Board, P.O. Box 1927, Austin, Texas 78767-1927. Telephone Number (512) 305-8270.

The amendment is proposed under Article 15b-6, Tex.Rev.Civ.Stat.Ann. which provides the Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

There are no other statutes, articles or code affected by this rule.

§595.4.Pest Control Use Records.

The business licensee or, in the case of the certified noncommercial applicator, the applicator shall keep and maintain a record of all uses of pesticides and pest control devices registered with the United States Environmental Protection Agency and/or Texas Department of Agriculture and/or approved by the Board under 22 TAC 599.1 for a period of two years. Said records will be kept on the premise of the business licensee or, in the case of a certified noncommercial applicator, the employer's premises. The records will include, but are not limited to, routine operational data, which include name and address of the customer, name of pesticides or devices used, amounts of pesticides or devices used, application of solution or amount of concentrate of pesticides used, purpose for which the pesticides or devices were used or target pest, date the pesticides or devices were used, and the service address where the pesticides and devices were used. If a physical device is used, the square footage of the physical device will be recorded and a diagram describing the installation will be provided. These records shall be made available to the Board or its authorized agents in accordance with the Structural Pest Control Act, as amended.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 14, 2003.

TRD-200300196

Dale Burnett

Executive Director

Structural Pest Control Board

Earliest possible date of adoption: March 2, 2003

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


Chapter 599. TREATMENT STANDARDS

22 TAC §599.4

The Structural Pest Control Board proposes amendments of 22 TAC §599.4, concerning termite treatment disclosure documents. The proposal adds the requirement that if a physical device is used, square footage and a diagram describing the installation be disclosed. A new subsection (b)(6)(F) for barriers makes the same requirement.

Dale Burnett, Executive Director has determined that there will not be fiscal implications as a result of enforcing or administering the rule.

There will be no estimated additional cost, estimated reduction in cost or estimated loss or increase in revenue to state or local government for the first five year period the rule will be in effect. There will be no cost of compliance with the rule for small businesses.

There will be no cost comparison for cost per employee, cost per hour of labor or cost per $100 of sales for small or larger businesses.

Dale Burnett, Executive Director has determined that for each year of the first five years the rule as proposed is in effect, the public benefits anticipated as a result of enforcing the rule as proposed will be the strengthening of disclosure requirements for the better of the pest control industry and the protection of the public at large.

There is no anticipated economic cost to individuals who are required to comply with the rule as proposed.

Comments on the proposal may be submitted to Frank M. Crull, General Counsel, Structural Pest Control Board, P.O. Box 1927, Austin, Texas 78767-1927. Telephone Number (512) 305-8270.

The amendment is proposed under Article 135b-6, Texas Revised Civil Statutes Annotated, which provides the Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

There is no statute, article or code that is affected by this rule.

§599.4.Termite Treatment Disclosure Documents.

(a) (No change.)

(b) Each termite treatment disclosure document shall include, but is not limited to:

(1) (No change.)

(2) a label for any pesticide recommended or used . If a physical device is used, the square footage of the physical device will be recorded and a diagram describing the installation will be provided. [ ; ]

(3) - (5) (No change.)

(6) for subterranean termite post construction treatments the following statements and definitions in at least 8-point type: A termite treatment may be a partial treatment or spot treatment using chemical or approved physical barriers or a baiting system. These types of treatments are defined as follows:

(A) Partial . This technique allows a wide variety of treatment strategies but is more involved than a spot treatment (see definition below). Ex.: treatment of some or all of the perimeter, bath traps, expansion joints, stress cracks and bait locations.

(B) 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.

(C) Slab Construction . Generally defined as treatment of the perimeter and all known slab penetrations as well as any known expansion joints or stress cracks.

(D) Spot Treatments . Any treatment which concerns a limited, defined area less than ten (10) linear or square feet that is intended to protect a specific location or "spot". Often there are adjacent areas susceptible to termite infestation which are not treated.

(E) Baiting Systems . This type of treatment may include interior and/or perimeter placement of monitoring of baiting systems along with routine inspection intervals. The baiting technique may include one or more locations as prescribed by the product label and instructions.

(F) Barriers. If a physical device is used, the square footage of the physical device will be recorded and a diagram describing the installation will be provided.

(7) For all termite treatments the following statement in at least 8-point type: For all treatments there will be a diagram 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 pest control company or the Texas Structural Pest Control Board, P.O. Box 1927, Austin, Texas 78767-1927. Telephone number (512) 305-8270. [ 1106 Clayton Lane, Suite 100LW, Austin, Texas 78723. Telephone number (512) 451-7200. ]

(8) For pre-construction treatments, the Board-approved Termite Pretreatment Disclosure Document (SPCB/D-2) 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 $3000 per violation. The text and format of the termite pre-treatment disclosure document shall be as follows:

Figure: 22 TAC §599.4(b)(8)

(9) - (10) (No change.)

(c) - (d) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 14, 2003.

TRD-200300195

Dale Burnett

Executive Director

Structural Pest Control Board

Earliest possible date of adoption: March 2, 2003

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