Part 2.
TEXAS STATE BOARD OF BARBER EXAMINERS
Chapter 51.
PRACTICE AND PROCEDURE
Subchapter A. THE BOARD
22 TAC §51.3
The Texas State Board of Barber Examiners proposes an amendment
to §51.3, concerning Administrative Fines, to change the penalty for
first offense for failure to have a booth rental permit from "warning" to
$100.
The action was proposed to increase compliance by licensees and permit
holders with the statues and rules under which they are regulated and help
ensure that all individuals engaged in barbering in a barber shop or specialty
shop have the appropriate current license and permits issued by the Board.
Glenn Parker, Executive Director, has determined that for the first five
year period the amendment is in effect there will be no fiscal impact for
local government as a result of enforcing or administering the amended section.
In addition, Mr. Parker has determined that for the first five year period
the amendment is in effect, revenue to the state will increase by approximately
$10,000 per year as a result of the increase in fines and penalties for the
violations of the amended section.
Mr. Parker has determined that for the first five year period the amendment
is in effect, the public benefit will be a decrease in the number of individuals
practicing barbering without a license or permit or with an expired license
or permit, an increase in compliance by barbers and other licensees with the
statutes and rules under which they are regulated, and an increase in funds
available within the State's General Fund due to the collection of fines and
penalties for violations of the section. There will be no cost to small businesses,
micro-businesses or the general public.
Comments on the proposed amendment to the section may be submitted in writing
within 30 days after the publication of the proposal in the
Texas Register
to Glenn Parker, Executive Director, State Board of
Barber Examiners, 5717 Balcones Drive, Suite 217, Austin, Texas 78731-4203.
The amendment is proposed under the Texas Occupations Code, §1601.151
which provides the Texas State Board of Barber Examiners with the authority
to adopt and enforce all rules necessary for the performance of it's duties, §1601.155
which provides the Board with the authority to set fees, and §1601.701
which provides the Board with the authority to impose administrative penalties.
No other code, article, or statute is affected by this amendment.
§51.3.Administrative Fines.
(a)
(No change.)
(b)
Fine Schedule:
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 April 11, 2005.
TRD-200501488
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Earliest possible date of adoption: May 22, 2005
For further information, please call: (512) 936-6333
Chapter 593.
LICENSES
22 TAC §593.1
The Texas Structural Pest Control Board proposes an amendment
to §593.1, concerning Persons Required to Secure License. The proposal
will codify statute language and clarify the requirements for each license
category.
Dale Burnett, Executive Director, has determined that there will be no
fiscal implications as result of enforcing or administering the rule. There
is no estimated additional cost or estimated reduction in cost for state government.
There will be no estimated increase in revenue to state government for the
first five-year period the rule will be in effect. There will be no estimated
additional cost, estimated reduction in cost or estimated increase in revenue
on local government for the first five-year period the rule will be in effect.
There will be no cost of compliance for small businesses since the rule
proposal does not affect them.
There is no cost comparison for small or large businesses since they will
not be affected by the rule proposal.
Mr. Burnett has also determined that for each 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 that the applicants and licensees
will understand the requirements of each license category and be provided
with the correct statutory language. There are no economic costs 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,
Texas Structural Pest Control Board, P.O. Box 1927, Austin, TX 78767.
The amendment is proposed under the Texas Occupations Code, Chapter
1951, which provides the Texas Structural Pest Control Board with the authority
to license and regulate the structural pest control industry.
No other statute, code or article is affected by this proposal.
§593.1.Persons Required to Secure License.
(a)
Business License
--
[
(b)
Responsible Certified Commercial Applicator--The person
licensed as a certified commercial applicator, who has been designated to
be the responsible certified commercial applicator for a business license
location, shall be responsible to provide training and direct supervision
for pest inspections, identifications, and control measures of a licensed
business. The person may be employed by other business license location(s)
and licensed by each location as a certified commercial applicator, but must
only be the responsible certified applicator for one business license location.
(c)
Certified Commercial Applicator--The person licensed as
a certified commercial applicator who can perform pest control services, identifications
and control measures without direct supervision. A certified commercial applicator
must be licensed for every business location for which the certified commercial
applicator is employed.
(d)
Certified Noncommercial Applicator--The person, who as
an employee, is responsible for providing pest control services to a governmental
entity, apartment building, day-care center, hospital, nursing home, hotel,
motel, lodge, warehouse, food-processing establishment, school or educational
institution and other noncommercial entities. The person licensed as a noncommercial
certified applicator shall be responsible to ensure training and direct supervision
for pest inspections, identifications, and control measures of a noncommercial
entity. A certified noncommercial applicator must be licensed for every business
entity for which the certified noncommercial applicator is employed.
(e)
Technician--The person who performs pest control services
under the direct supervision of a certified applicator must obtain a technician
license by meeting the standards prescribed by the Board in §593.21 of
this title (relating to Technician License Standards). A technician must be
licensed for every business or noncommercial entity for which the technician
is employed.
(f)
Apprentice--The person, who has made their initial application
for a technician license, has not passed the technician examination and performs
pest control services under the supervision of a licensed technician or a
certified applicator.
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 April 4, 2005.
TRD-200501411
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Earliest possible date of adoption: May 22, 2005
For further information, please call: (512) 305-8270
22 TAC §593.3
The Texas Structural Pest Control Board proposes an amendment
to §593.3, concerning Insurance Requirement. The proposal corrects a
minor grammatical error in the regulation.
Dale Burnett, Executive Director, has determined that there will be no
fiscal implications as result of enforcing or administering the rule. There
is no estimated additional cost or estimated reduction in cost for state government.
There will be no estimated increase in revenue to state government for the
first five-year period the rule will be in effect. There will be no estimated
additional cost, estimated reduction in cost or estimated increase in revenue
on local government for the first five-year period the rule will be in effect.
There will be no cost of compliance for small businesses since the rule
proposal does not affect them.
There is no cost comparison for small or large businesses since they will
not be affected by the rule proposal.
Mr. Burnett has also determined that for each 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 that the all interested parties
will know the legal way to perform service on a licensee of the Board. There
are no economic costs 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,
Texas Structural Pest Control Board, P.O. Box 1927, Austin, TX 78767.
The amendment is proposed under the Texas Occupations Code, Chapter
1951, which provides the Texas Structural Pest Control Board with the authority
to license and regulate the structural pest control industry.
No other statute, code or article is affected by this proposal.
§593.3.Insurance Requirement.
(a)
Each business license applicant and certified noncommercial
applicator license applicant must submit
a
certificate of insurance
with proof of coverage on the form provided by the Board in the amount of
not less than $200,000 for bodily injury and property damage coverage with
a minimum total annual aggregate of $300,000 for all occurrences. The insurance
policy must insure applicant for damage to persons or property occurring as
a result of operations performed in the course of the business of structural
pest control to premises or any other property under applicant's care, custody,
or control. No new business license or certified noncommercial applicator
license will be issued until insurance requirements are met. Policies must
contain a cancellation provision for notification to the Board not less than
thirty (30) days prior to cancellation. Certified noncommercial applicators
employed by governmental entities are exempt from this provision. Inactive
certified applicators and technicians that do not perform structural pest
control work for compensation or as a part of the duties of their employment
are exempt from this provision.
(b)
A licensee who operates as a wood treater who treats wood
on commercial property owned by the licensee must submit with their application
a general liability insurance policy or certificate of coverage in the amount
of not less than $200,000 for bodily injury and property damage coverage with
a minimum total annual aggregate of $300,000 for all occurrences. No license
will be issued until this insurance requirement is met. Policies must contain
a cancellation provision for notification to the Board not less than thirty
(30) days prior to cancellation.
(c)
If payment of claims results in reducing the total aggregate
of coverage below $300,000, the insurance carrier must notify the Board and
the licensee within thirty (30) days. The licensee must obtain additional
coverage to meet the minimum requirements.
(d)
The Board will consider as sufficient only those policies
issued by insurers authorized by or registered with the Texas Department of
Insurance.
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 April 4, 2005.
TRD-200501412
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Earliest possible date of adoption: May 22, 2005
For further information, please call: (512) 305-8270
22 TAC §593.4
The Texas Structural Pest Control Board proposes an amendment
to §593.4, concerning Resident Agent. The proposal includes all license
categories and makes clear that if a resident agent is not designated, then
the Texas Secretary of State will automatically be designated.
Dale Burnett, Executive Director, has determined that there will be no
fiscal implications as result of enforcing or administering the rule. There
is no estimated additional cost or estimated reduction in cost for state government.
There will be no estimated increase in revenue to state government for the
first five-year period the rule will be in effect. There will be no estimated
additional cost, estimated reduction in cost or estimated increase in revenue
on local government for the first five-year period the rule will be in effect.
There will be no cost of compliance for small businesses since the rule
proposal does not affect them.
There is no cost comparison for small or large businesses since they will
not be affected by the rule proposal.
Mr. Burnett has also determined that for each 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 that the all interested parties
will know the legal way to perform service on a licensee of the Board. There
are no economic costs 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,
Texas Structural Pest Control Board, P.O. Box 1927, Austin, TX 78767.
The amendment is proposed under the Texas Occupations Code, Chapter
1951, which provides the Texas Structural Pest Control Board with the authority
to license and regulate the structural pest control industry.
No other statute, code or article is affected by this proposal.
§593.4.Resident Agent.
(a)
Licensees and applicants'
residing
[
(b)
Each resident agent must be a citizen of the state and
maintain a permanent address within the state.
(c)
Instead of designating a resident agent, the applicant
may designate the Texas Secretary of State as the recipient of service of
process for the applicant. The Texas Secretary of State is automatically designated
as the recipient of service of process for the applicant absent a designation
by the applicant.
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 April 4, 2005.
TRD-200501413
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Earliest possible date of adoption: May 22, 2005
For further information, please call: (512) 305-8270
22 TAC §593.5
The Texas Structural Pest Control Board proposes an amendment
to §593.5, concerning Examinations. The proposal does several updates
to this regulation. 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.
Dale Burnett, Executive Director, has determined that there will be no
fiscal implications as result of enforcing or administering the rule. There
is no estimated additional cost or estimated reduction in cost for state government.
There will be no estimated increase in revenue to state government for the
first five-year period the rule will be in effect. There will be no estimated
additional cost, estimated reduction in cost or estimated increase in revenue
on local government for the first five-year period the rule will be in effect.
There will be no cost of compliance for small businesses since the rule
proposal does not affect them.
There is no cost comparison for small or large businesses since they will
not be affected by the rule proposal.
Mr. Burnett has also determined that for each 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 that the applicants and licensees
will have the benefit of knowing what the requirements of getting a license.
Furthermore, the Board's licensing categories are more defined, thus providing
guidance to licensees on what type of pest control work can be done in each
category. There are no economic costs 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,
Texas Structural Pest Control Board, P.O. Box 1927, Austin, TX 78767.
The amendment is proposed under the Texas Occupations Code, Chapter
1951, which provides the Texas Structural Pest Control Board with the authority
to license and regulate the structural pest control industry.
No other statute, code or article is affected by this proposal.
§593.5.Examinations.
(a)
An individual who has previously qualified by written examination
in a category shall receive a certified applicators license for the qualified
category without reexamination upon renewal of a certified applicator license
and meeting all requirements of the regulations. Each individual not previously
qualified by written examination in the category or categories for which the
license is requested must secure a certified applicator license by passing
an appropriate examination administered by the Board.
(b)
To qualify to take the Board [
(1)
Have verifiable employment in the pest control industry
under the supervision of a licensed certified [
(2)
Furnish proof of previous verifiable employment, experience
in the pest control industry, including out-of-state experience in pest control
of at least twelve (12) months out of the past twenty-four (24) months from
a previous occupation. The proof of experience must be provided by the applicant
in the form of a notarized statement or a letter from the appropriate licensing
entity.
(3)
Have a degree or certificate in an area of the biological
sciences
,
related to pest control
,
from an accredited
two (2) or four (4) year college or university;
(4)
An applicant with equivalent technical pest or pesticide
field experience from a previous occupation; and
(5)
Qualifies under the hardship clause outlined in §593.8
of this title (relating to Loss of Certified Applicator or Business License
Holder).
(6)
Each applicant testing for a certified
applicator license must pass the general standards examination administered
by the Board to be eligible to be licensed in any of the categories in subsection
(d)(12) of this section, Categories of Examinations
(c)
In order to qualify to take the
Board examination for obtaining a certified noncommercial applicators license,
the applicant must meet one of the following requirements:
(1)
Have a degree or certificate in an area of the biological
sciences related to pest control from an accredited two (2) or four (4) year
college or university;
(2)
Have verifiable employment experience in the pest control
industry, including out-of-state experience in pest control of at least twelve
(12) months out of the past twenty-four (24) months from a previous occupation.
The proof of experience must be provided by the applicant in the form of a
notarized statement or a letter from the appropriate licensing entity.
(3)
Complete a Board approved minimum six (6) hour certified
noncommercial technician training course;
(4)
Have verifiable employment in the pest control industry
under the supervision of a licensed certified applicator for at least twelve
(12) months out of the past twenty-four (24) months and must have possessed
a technician license for at least six (6) months.
[
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(d)
The examination procedure will
be as follows:
(1)
Examinations will be given at the discretion of the Board
at least once each quarter based on the calendar year.
(2)
A fee shall be charged for each examination administered
by the Board.
(3)
All examination fees are to be paid by the method determined
by the Board and payment should be submitted with the completed application.
(4)
Applicants must present a photo identification from the
Texas Department of Public Safety or its equivalent from another state prior
to taking an examination.
(5)
All examinations shall be maintained and administered by
the Board or at a Board approved site.
(6)
The applicant must take an examination, which must be in
written or electronic form and in general, cover the subject of the categories
designated on the application.
(7)
A grade of 70% will be the minimum grade required for passing.
(8)
The applicant for the certified applicator examination
must be able to read and write the English language.
(9)
An applicant who gives or receives unauthorized assistance
during an examination shall be dismissed from the examination and results
of that applicant's examination shall be voided. The applicant will not be
allowed to take an examination again for the next twelve (12) months.
(10)
Applicants who do not take a scheduled examination may
not receive a refund of their examination fee unless they notify the Board
in writing at least ten (10) business days in advance of the examination date.
Exceptions may be granted if there is an emergency such as a death or serious
illness in the family.
(11)
Persons who make a passing grade and qualify for a certified
applicator license must obtain a license within (12) twelve months of the
grade notification date or be retested.
(12)
Examinations in the following categories will be offered
by the Board.
(A)
Pest Control--This category includes persons engaged in
the inspection or control of pests in and around structures or pest animals
which may invade homes, restaurants, stores, and other buildings, attacking
their contents or furnishings or being a general nuisance, but do not normally
attack the building itself. Examples of such pests are cockroaches, silverfish,
ants, fleas, ticks, flies, mosquitoes, rats, mice, skunks, raccoons, opossums,
etc.
(B)
Termite and Wood Destroying Insect Control--This category
includes persons engaged in the inspection or control of termites, beetles,
or other wood destroying insects and wood preservation by means other than
fumigation in buildings, including homes, warehouses, stores, docks, or any
other structures. This category includes the treatment of termites in trees
in and around structures.
(C)
Lawn and ornamental--This category includes persons engaged
in the inspection or control of pests or diseases of trees, shrubs, or other
plantings in a park or in and around structures, business establishments,
industrial parks, institutional buildings or streets.
(D)
Weed Control--This category includes persons engaged in
the inspection or control of weeds around homes and industrial environs.
(E)
Structural Fumigation--This category includes persons engaged
in pest inspection or control through fumigation of structures not primarily
intended to contain food, feed or grains.
(F)
Commodity Fumigation--This category includes persons engaged
in pest inspection or control through fumigation of commodities or structures
normally used to contain commodities. This category does not include raw agricultural
commodities.
(G)
Wood Preservation--This category includes persons engaged
in that phase of pest control that involves the addition of preservatives
to wood products to extend the life of the wood products by protecting them
from damage caused by insects, fungi, and marine borers. Examples of wood
products may include, crossties, poles, and posts. This includes the retreatment
of power-line poles with wood preservative pesticide including fumigants.
(13)
Each applicant testing for a certified applicator license
must pass the general standards examination administered by the Board to be
eligible to be licensed in any of the categories in this section.
[
[
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[
[
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 April 4, 2005.
TRD-200501414
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Earliest possible date of adoption: May 22, 2005
For further information, please call: (512) 305-8270
22 TAC §593.6
The Texas Structural Pest Control Board proposes an amendment
to §593.6 concerning License Expiration. The proposal 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.
Dale Burnett, Executive Director, has determined that there will be no
fiscal implications as result of enforcing or administering the rule. There
is no estimated additional cost or estimated reduction in cost for state government.
There will be no estimated increase in revenue to state government for the
first five-year period the rule will be in effect. There will be no estimated
additional cost, estimated reduction in cost or estimated increase in revenue
on local government for the first five-year period the rule will be in effect.
There will be no cost of compliance for small businesses since the rule
proposal does not affect them.
There is no cost comparison for small or large businesses since they will
not be affected by the rule proposal.
Mr. Burnett has also determined that for each 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 that non-commercial applicator licensing
requirements will be more consistent with commercial applicator requirements.
There will be less ambiguity in the rules with these changes. There are no
economic costs 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,
Texas Structural Pest Control Board, P.O. Box 1927, Austin, TX 78767.
The amendment is proposed under the Texas Occupations Code, Chapter
1951, which provides the Texas Structural Pest Control Board with the authority
to license and regulate the structural pest control industry.
No other statute, code or article is affected by this proposal.
§593.6.License Expiration and Renewal .
(a)
Each license(s) may expire in twelve (12) months from
the date issued or immediately upon the date that the business liability insurance
expires, whichever comes first. The insurance expiration date will be determined
by the date on the certificate provided to the Board by the business licensee,
and any policy amendments or cancellation notices issued after the effective
date.
(b)
Businesses and certified noncommercial applicators that
change insurance coverage during a licensed period may have the license expiration
extended to the new policy date, if there has not been a lapse in coverage,
by paying additional license fees for each license to the new expiration date.
Certified applicators and technicians who change employers may also pay additional
license fees to the new expiration date of the business or other entity under
which they are operating. Refer to §593.7 (Fees) for additional license
fees.
(c)
Businesses and certified noncommercial applicators that
allow insurance coverage to lapse or who fail to provide continuous proof
of coverage to the Board as a result of insurance changes will no longer have
a valid license(s). Reinstatement of licenses will be made upon payment of
a new business license fee and any other additional fees that may be required
without receiving credit for any license period between the date of the lapse
in coverage and the original license expiration date.
(d)
Licenses must be renewed by submitting an application
to the Board, paying the required fee, and meeting any additional requirements
of the Board under Section 593.3 of this title (relating to Insurance Requirements)
and subsection (h) of this section, 30 days prior to the license expiration
date. Renewal applications received after the license expiration date are
subject to the late fees prescribed in the Texas Structural Pest Control Act,
Section 1951.310. An application is not considered to be submitted unless
it is in substantially correct form with the correct fees. Incomplete renewal
applications received on or before the license expiration date may also be
subject to late fees.
(e)
Licenses issued by the Board must not be transferred,
borrowed, rented, leased or loaned
(f)
Whenever a licensee changes the mailing address, business
location address or telephone number, the licensee must notify the Board in
a written or electronic manner within ten (10) business days of the effective
date of the change. License may be reprinted upon payment of fee.
(g)
The Board, in determining whether additional testing or
training
must
[
(h)
All certified applicators are required to certify to the
Board the number of category(ies) of continuing education credits they have
accumulated during the previous year pursuant to §593.23 of this title
(relating to Continuing Education Requirements for Certified Applicators).
(i)
Certified noncommercial applicators who have been licensed
for a minimum of one year may become certified commercial applicators by requesting
an additional license or change of license and paying the required license
fee. Certified commercial applicators may become certified noncommercial applicators
by requesting an additional license or change of license and paying the required
license fee[
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 April 4, 2005.
TRD-200501415
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Earliest possible date of adoption: May 22, 2005
For further information, please call: (512) 305-8270
22 TAC §593.7
The Texas Structural Pest Control Board proposes an amendment
to §593.7 concerning Fees. The proposal will provide clarification as
to the length of time a license will run.
Dale Burnett, Executive Director, has determined that there will be no
fiscal implications as result of enforcing or administering the rule. There
is no estimated additional cost or estimated reduction in cost for state government.
There will be no estimated increase in revenue to state government for the
first five-year period the rule will be in effect. There will be no estimated
additional cost, estimated reduction in cost or estimated increase in revenue
on local government for the first five-year period the rule will be in effect.
There will be no cost of compliance for small businesses since the rule
proposal does not affect them.
There is no cost comparison for small or large businesses since they will
not be affected by the rule proposal.
Mr. Burnett has also determined that for each 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 that licensees will know exactly
the length of time of their license. There are no economic costs 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,
Texas Structural Pest Control Board, P.O. Box 1927, Austin, TX 78767.
The amendment is proposed under the Texas Occupations Code, Chapter
1951, which provides the Texas Structural Pest Control Board with the authority
to license and regulate the structural pest control industry.
No other statute, code or article is affected by this proposal.
§593.7.Fees.
(a)
Applicants, licensees and continuing education providers
will be charged the following fees:
(1)
$180 for an original business license;
(2)
$175 for renewal of a business license;
(3)
$85 for an original certified applicators license;
(4)
$80 for renewal of a certified applicators license;
(5)
$65 for an original technician license;
(6)
$60 for an renewal of a technician license;
(7)
$30 for duplicate business license, certified applicator
license or technician license when the original has been lost or destroyed;
(8)
$30 for reissuing a business license, certified applicators
license or technician license due to a name change in the license;
(9)
$40 for administering exams in each category;
(10)
$37.50 for late renewal fee for applications received
1
day
to 30 days after expiration date;
(11)
$75 for late renewal fee for applications received 31
to 60 days after expiration date; and
(12)
$40 for continuing education course.
(b)
The following fees are based on increments of six (6)
months.
(1)
Business License Fees
(A)
Issued for 1 day-6 months $92.50
(B)
Renewed for 1
day
-6 months 87.50
(C)
Issued for 7-12 months $180.00
(D)
Renewal for 7-12 months $175.00
(E)
Issued for 13-18 months $262.50
(F)
Renewal for 13-18 months $262.50
(2)
Certified Applicator License Fees
(A)
Issued for 1 day-6 months $45.00
(B)
Renewed for 1
day
-6 months $40.00
(C)
Issued for 7-12 months $85.00
(D)
Renewal for 7-12 months $80.00
(E)
Issued for 13-18 months $120.00
(F)
Renewal for 13-18 months $125.00
(3)
Technician License Fees
(A)
Issued for 1 day-6 months $35.00
(B)
Renewed for 1
day
-6 months $30.00
(C)
Issued for 7-12 months $65.00
(D)
Renewal for 7-12 months $60.00
(E)
Issued for 13-18 months $95.00
(F)
Renewal for 13-18 months $90.00
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 April 4, 2005.
TRD-200501416
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Earliest possible date of adoption: May 22, 2005
For further information, please call: (512) 305-8270
22 TAC §593.11
The Texas Structural Pest Control Board proposes an amendment
to §593.11 concerning Certified Noncommercial Applicator Restrictions.
The proposal will provide grammatical changes.
Dale Burnett, Executive Director, has determined that there will be no
fiscal implications as result of enforcing or administering the rule. There
is no estimated additional cost or estimated reduction in cost for state government.
There will be no estimated increase in revenue to state government for the
first five-year period the rule will be in effect. There will be no estimated
additional cost, estimated reduction in cost or estimated increase in revenue
on local government for the first five-year period the rule will be in effect.
There will be no cost of compliance for small businesses since the rule
proposal does not affect them.
There is no cost comparison for small or large businesses since they will
not be affected by the rule proposal.
Mr. Burnett has also determined that for each 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 that the rule's language will be
clarified. There are no economic costs 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,
Texas Structural Pest Control Board, P.O. Box 1927, Austin, TX 78767.
The amendment is proposed under the Texas Occupations Code, Chapter
1951, which provides the Texas Structural Pest Control Board with the authority
to license and regulate the structural pest control industry.
No other statute, code or article is affected by this proposal.
§593.11.Certified Noncommercial Applicator Restrictions.
A certified noncommercial applicator may not perform commercial pest
control services or perform any structural pest control services for a person
other than the employer for whom the applicator is certified as a certified
noncommercial applicator. A certified noncommercial applicator
must
not be
[
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 April 4, 2005.
TRD-200501417
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Earliest possible date of adoption: May 22, 2005
For further information, please call: (512) 305-8270
22 TAC §593.21
The Texas Structural Pest Control Board proposes an amendment
to §593.21 concerning Technician License Requirements. The proposal will
do many things. The first change will make 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.
Dale Burnett, Executive Director, has determined that there will be no
fiscal implications as result of enforcing or administering the rule. There
is no estimated additional cost or estimated reduction in cost for state government.
There will be no estimated increase in revenue to state government for the
first five-year period the rule will be in effect. There will be no estimated
additional cost, estimated reduction in cost or estimated increase in revenue
on local government for the first five-year period the rule will be in effect.
There will be no cost of compliance for small businesses since the rule
proposal does not affect them.
There is no cost comparison for small or large businesses since they will
not be affected by the rule proposal.
Mr Burnett has also determined that for each 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 that the rule will let all concerned
parties know what information the Board is reviewing when considering applications.
For license applicants, the benefit will be that all time lines are now clearly
defined including the time line on when the renewal period will begin. There
are no economic costs 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,
Texas Structural Pest Control Board, P.O. Box 1927, Austin, TX 78767.
The amendment is proposed under the Texas Occupations Code, Chapter
1951, which provides the Texas Structural Pest Control Board with the authority
to license and regulate the structural pest control industry.
No other statute, code or article is affected by this proposal.
§593.21.[
(a)
Definition. An apprentice in any of the categories administered
by the Texas Structural Pest Control Board is a beginning employee, who works
under the supervision of trained and licensed personnel.
(b)
Must be at least 16 years of age.
(c)
Must be able to demonstrate proficiency in reading U.S.
Environmental Protection Agency approved pesticide labels and warnings.
(d)
Must submit an application for technician license within
ten (10) days of beginning employment.
(e)
The application must include the following information:
(1)
legal name;
(2)
physical home address;
(3)
date employment began in licensed activity;
(4)
social security number;
(5)
driver's license number;
(6)
date of birth; and
(7)
disclosure of criminal background.
(f)
A fee shall be charged for each application.
(g)
An apprentice card will be issued by the Texas Structural
Pest Control Board for one (1) year from the date employment began when all
of the above requirements are met and processed.
(h)
Apprentices must not perform any pest control work without
the physical presence of a licensed technician or a certified applicator.
Documentation of training given must be entered on the verifiable training
form within five (5) days. Upon completion of the following study and on-the-job
training, the apprentice may work alone so long as a certified applicator
is physically present for personal instruction three (3) days a week. The
studies and job training required are as follows:
(1)
complete at least two hours of classroom training in each
of the following subjects:
(A)
federal and state laws that regulate the industry;
(B)
recognition of pests and pest damage;
(C)
pesticide labels and label comprehension;
(D)
pesticide safety;
(E)
environmental protection;
(F)
application equipment and techniques;
(G)
pesticide formulations and actions;
(H)
emergency procedures, pesticide cleanup and procedures
for immediate reporting of spills and misapplication;
(I)
basic principles of mathematics, chemistry, toxicology
and entomology; and
(J)
non-chemical pest control techniques, including biological,
mechanical and prevention techniques.
(2)
complete forty (40) hours of verifiable on-the-job training
and eight (8) hours of classroom training in each category in which the apprentice
is to provide pest control services. The business license holder, certified
commercial applicator or the certified noncommercial applicator must certify
in the training records of each employee that the apprentice has completed
the required training and has demonstrated competency in each category in
which the apprentice is to provide service
.
[
(3)
a student currently enrolled in or who has attended or
graduated within the past twelve months from an accredited school or university
studying relevant materials may be credited with those courses for classroom
training hours for apprenticeship, if those hours have been provided by the
school or university.
(4)
an apprentice must maintain an apprentice card for a maximum
of twelve (12) months. If apprentice has not passed the requirements to become
a licensed technician, the individual may re-apply as an apprentice and complete
all training requirements for an apprentice.
(i)
Apprentice Records.
(1)
The business licensee or certified noncommercial applicator
must maintain the verifiable training records and certification for each apprentice
in the business files. These are to be kept at least two (2) years after termination
of employment.
(2)
The above records are to be kept on a form prescribed
by the Board and must include, but not limited to the following:
(A)
date training records received;
(B)
number of hours of training;
(C)
subject of training;
(D)
name of trainer and license number;
(E)
designation of on-the-job training or classroom training;
and
(F)
competency evaluation by the certified applicator.
(j)
When an apprentice changes employers, the employer who
provided the verifiable training must make the verifiable training records
available to the apprentice or the new employer within twenty (20) days of
written request.
(k)
It is a violation of this section for a business licensee
or certified noncommercial applicator to allow an apprentice to perform work
in a category in which the apprentice has not been properly trained. The certified
applicator must be physically present to give personal instructions to an
apprentice at least three (3) days a week.
(l)
An apprentice becomes a licensed technician by;
(1)
completing a Board approved technician training course
in [
(2)
making a passing grade on the technician examination.
(A)
The examination may be taken as many times as necessary
in the twelve (12) month period the employee is holding an apprentice card.
(B)
There shall be a fee charged per category.
(C)
The Technician Training Manual may be obtained from Texas
Cooperative Extension [
(D)
An individual must pass each category of the examination
in which the apprentice has trained to become licensed. Re-examination is
not necessary if the license is renewed annually.
(E)
Examination dates and locations are at the discretion
of the Board.
(3)
Persons making a passing grade and who qualify for a technician
license will be issued a license upon issuance of the grades.
(m)
All testing procedures shall be governed by §593.5(c)(3)
- (11) of this title (relating to Examinations).
(n)
The Board shall require as a condition to the renewal
of each commercial or non-commercial technician's license [
(1)
The eight (8) hours will be covered in the following subject
areas:
(A)
Federal and state laws regulating structural pest control
and pesticide application
(B)
Recognition of pest and pest damage
(C)
Pesticide labels and label comprehension
(D)
Pesticide safety
(E)
Environmental protection
(F)
Application equipment and techniques
(G)
Pesticide formulations and actions
(H)
Emergency procedures and pesticide cleanup, and procedures
for the immediate reporting of spills and misapplications
(I)
Basic principles of mathematics, chemistry, toxicology,
and entomology
(J)
Non-chemical pest control techniques including biological,
mechanical and prevention techniques.
(2)
Two (2) hours of the eight (8) hours of training may be
on-the-job
[
(3)
Internet training or videotape training may be used if
the certified applicator certifies that the training is the appropriate training.
(4)
A technician will receive an hour for hour credit if a
Board approved continuing education unit course is completed.
(5)
No courses may be repeated for credit within the same
recertification year.
(o)
Upon written request, the Executive Director may grant
a hardship extension to a technician due to extenuating circumstances.
(p)
All verifiable training records must be made available
to the Board upon request. These verifiable training records [
(q)
The verifiable training records forms will be made available
to the licensee within twenty (20) days of written request.
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 April 4, 2005.
TRD-200501418
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Earliest possible date of adoption: May 22, 2005
For further information, please call: (512) 305-8270
Part 25.
TEXAS STRUCTURAL PEST CONTROL BOARD
.
]Any person
engaged in structural pest control must secure a business license from the
Board for each business location, including branch offices, in accordance
with the
Texas
Structural Pest Control Act and the regulations
of the Board. Each business license holder
must
[
shall
]
designate a responsible certified commercial applicator for each business
location who is not also serving as a responsible certified commercial applicator
for any other business licensee or any other business location. No person
shall engage in, offer to engage in, advertise for, solicit, or perform any
of the services identified in Section 1951.002 of the Texas Structural Pest
Control Act, for compensation, without first obtaining a business license
and having
a
[
an
] certified commercial applicator certified
in each license category in which business is conducted.
reside
] outside of Texas must designate in writing a resident agent for service
of process in actions taken in the administration and enforcement of the Texas
Structural Pest Control Act.
appropriate
] examination
for obtaining a certified commercial applicator license, the applicant must
meet one of the following requirements:
commercial
] applicator
for at least twelve (12) months out of the past twenty-four (24) months and
must have possessed a technician license for at least six (6) months.
(c)
The examination procedure
will be as follows:]
(1)
Examinations will be given at the discretion
of the Board at least once each quarter based on the calendar year.]
(2)
A fee shall be charged for each examination
administered by the Board.]
(3)
All examination fees are to be paid by the
method determined by the Board and payment should be submitted with the completed
application.]
(4)
Applicants must present a photo identification
from the Texas Department of Public Safety or its equivalent from another
state prior to taking an examination.]
(5)
All examinations shall be maintained and administered
by the Board or at a Board approved site.]
(6)
The applicant must take an examination, which
must be in written or electronic form and in general, cover the subject of
the categories designated on the application.]
(7)
A grade of 70% will be the minimum grade required
for passing.]
(8)
The applicant for the certified applicator
examination must be able to read and write the English language.]
(9)
An applicant who gives or receives unauthorized
assistance during an examination shall be dismissed from the examination and
results of that applicant's examination shall be voided. The applicant will
not be allowed to take an examination again for the next twelve (12) months.]
(10)
Applicants who do not take a scheduled examination
may not receive a refund of their examination fee unless they notify the Board
in writing at least ten (10) business days in advance of the examination date.
Exceptions may be granted if there is an emergency such as a death or serious
illness in the family.]
(11)
Persons who make a passing grade and qualify
and qualify for a certified applicator license must obtain a license within
twelve months of the grade notification date or be retested.]
(12)
Categories in which examinations are to be
given for which licenses will be issued are as follows.]
(A)
Pest Control--This category includes persons
engaged in the inspection or control of pests in and around structures or
pest animals which may invade homes, restaurants, stores, and other buildings,
attacking their contents or furnishings or being a general nuisance, but do
not normally attack the building itself. Examples of such pests are cockroaches,
silverfish, ants, fleas, ticks, flies, mosquitoes, rats, mice, skunks, raccoons,
opossums, etc.]
(B)
Termite and Wood Destroying Insect Control--This
category includes persons engaged in the inspection or control of termites,
beetles, or other wood destroying insects and wood preservation by means other
than fumigation in buildings, including homes, warehouses, stores, docks,
or any other structures. This category includes the treatment of termites
in trees in and around structures.]
(C)
Lawn and ornamental--This category includes
persons engaged in the inspection or control of pests or diseases of trees,
shrubs, or other plantings in a park or in and around structures, business
establishments, industrial parks, institutional buildings or streets.]
(D)
Weed Control--This category includes persons
engaged in the inspection or control of weeds around homes and industrial
environs.]
(E)
Structural Fumigation--This category includes
persons engaged in pest inspection or control through fumigation of structures
not primarily intended to contain food, feed or grains]
(F)
Commodity Fumigation--This category includes
persons engaged in pest inspection or control through fumigation of commodities
and/or structures normally used to contain commodities.]
(G)
Wood Preservation--This category includes persons
engaged in that phase of pest control that involves the addition of preservatives
to wood products to extend the life of the wood products by protecting them
from damage caused by insects, fungi, and marine borers. Examples of wood
products may include, crossties, poles, and posts. This includes the retreatment
of power-line poles with wood preservative pesticide including fumigants.]
(13)
Each applicant testing for a certified applicator
license must pass the general standards examination administered by the Board
to be eligible to be licensed in any of the categories in this section.]
(d)
In order to qualify to take
the Board examination for obtaining a Certified Noncommercial Applicators
license, the applicant must meet one of the following requirements:]
(1)
Have a degree or certificate in an area of
the biological sciences related to pest control from an accredited two (2)
or four (4) year college or university;]
(2)
Have verifiable employment experience in the
pest control industry, including out-of-state experience in pest control of
at least twelve (12) months out of the past twenty-four (24) months from a
previous occupation. The proof of experience must be provided by the applicant
in the form of a notarized statement or a letter from the appropriate licensing
entity.]
(3)
Complete a Board approved minimum six (6) hour
certified noncommercial technician training course;]
(4)
Have verifiable employment in the pest control
industry under the supervision of a licensed certified applicator for at least
twelve (12) months out of the last twenty-four (24) months and must have possessed
a technician license for at least six (6) months.]
shall
] be required of current licensees
before renewal of their license, may consider changes in technology, pesticide
related problems, the performance of individual licensees or competency of
individual licensees. If general retraining or retesting is required for all
applicators in a category or subcategory, the Board will publish notice at
least six months in advance of the license renewal date. If individual retraining
or testing is required as a result of the applicator's performance or inability
to perform, the Board may give notification and set a time and place of retraining.
, listing the name and address of the entity employing them
and providing proof of liability insurance coverage as required by §593.3
of this title (relating to Insurance Requirement)
].
who has not been
] associated with a licensed structural
pest control business unless the applicator is also a certified commercial
applicator or technician.
Commercial and NonCommercial ] Technician License Requirements.
;
]
the
] general training at least one time prior to taking the
examination.
Service
].
prior to the
birth date
] granted pursuant to the provisions of this section, the
responsible certified applicator of record will certify on the verifiable
training records form that the technician has completed eight (8) hours of
verifiable training
for the preceding (12) twelve months of the renewal
date
. This certification must be verified upon each annual renewal
of the
technician
[
technician's
] license. Failure to
do so will prevent the license from being issued.
Licensees must obtain
the appropriate number of verifiable training hours in a 12-month period.
Changing employers or moving to an inactive status does not alleviate this
responsibility or add time to the continuing education requirements.
on the job
] training or
hands-on-training
[
hands on training
] verified by the responsible certified
applicator.
form
]
must
[
shall
] be kept on a format provided by the Board
in the business file for at least two (2) years after termination of employment.