Part 1. TEXAS DEPARTMENT OF AGRICULTURE
Subchapter H. STRUCTURAL PEST CONTROL ADVISORY COMMITTEE
The Texas Department of Agriculture (Department) proposes new Chapter 7, Subchapter H., §§7.190 - 7.196, concerning the new Structural Pest Control Advisory Committee. This new committee was created by the enactment of House Bill 2458 by the 80th Legislature, Regular Session, 2007. House Bill 2458 abolished the Texas Structural Pest Control Board (Board), transferred the functions previously performed by the Board to the Department, and created the Structural Pest Control Advisory Committee, which has the purpose of gathering and providing information to the Department and the Commissioner of Agriculture on issues affecting the practice of structural pest control in the state of Texas and advising the department and the commissioner on specific areas relating to the practice of structural pest control. New §7.190 provides definitions to be used in the new subchapter. New §7.191 provides a statement of the purpose of the committee. New §7.192 provides information about the membership of the committee. New §7.193 provides information about appointment of committee members. New §7.194 provides additional qualifications for committee members. New §7.195 provides grounds for disqualification from membership. New §7.196 provides requirements for committee meetings
Jimmy Bush, Assistant Commissioner for Pesticide Programs, has determined that for the first five-year period the new sections are in effect there may be fiscal implications for state government as result of enforcing and administering the new sections, most notably the costs associated with the formation of the new committee, however cost savings due to centralization of regulation of pesticide use in the state of Texas within the Department, which already had regulatory authority over the use of pesticides for agricultural purposes, combined with economies of scale and elimination of duplication of effort, should produce eventual cost savings to the state. The exact amount of costs and eventual savings cannot be precisely determined. There will be no fiscal implications for local government as result of enforcing and administering the new sections.
Mr. Bush also has determined that for each year of the first five years the new sections are in effect the public benefit anticipated as a result of enforcing the new sections will be the establishment of a broad-based advisory committee to aid the department in the standardization of regulation of pesticide use for all purposes in the state of Texas, increased efficiency in detection and deterrence of illegal or inappropriate use of pesticides in the area of structural pest control, and increased efficiency in the regulation of appropriate pesticide use. For the first five-year period the new sections are in effect, there will be no additional costs anticipated to microbusinesses, small businesses or individuals required to comply with the new sections.
Comments on the proposal may be submitted to Jimmy Bush, Assistant Commissioner for Pesticide Programs, at the Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register.
New §§7.190 - 7.196 are proposed under Occupations Code, §1951.105, as amended by House Bill 245, 80th Legislature, Regular Session, 2007, which requires the Department to adopt rules for the operation of the Structural Pest Control Advisory Committee.
The Code affected by the proposal is the Occupations Code, Chapter 1951.
§7.190.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Commissioner--the Commissioner of the Texas Department of Agriculture, or his designee.
(2) Committee--the Structural Pest Control Advisory Committee.
(3) Department--the Texas Department of Agriculture.
§7.191.Purpose of the Committee.
(a) The Structural Pest Control Advisory Committee shall be composed of nine members appointed by the Commissioner.
(b) The Committee shall meet regularly, as prescribed by section 7.196 of this title, to consider matters relating to the regulation and licensing of persons engaged in the business of structural pest control. The Commissioner, or his designee, shall have the authority to direct that the Committee include on its agenda any matters relating to the business of structural pest control, or the licensing and regulation of persons engaged in that business.
(c) The Committee shall gather and provide information to the Commissioner regarding the practice of structural pest control in order to aid the Commissioner and the Department to provide excellent customer service to the public and the structural pest control industry; to enhance educational and professional standards of license holders; and, to protect the health, safety and welfare of the public.
(d) The Committee shall advise the Commissioner and the Department regarding the licensing and regulation of persons engaged in structural pest control, including advice on:
(1) education and curricula requirements for applicants for licensure;
(2) the content of examinations of applicants;
(3) proposed rules on technical issues related to structural pest control and enforcement of laws related to structural pest control;
(4) standards and criteria for the issuance of licenses;
(5) fees for licenses; and
(6) other issues relating to the practice of structural pest control.
§7.192.Membership of the Committee.
(a) The Committee shall be composed of nine members as follows:
(1) two members shall be experts in structural pest control application;
(2) three members shall represent the interest of the public;
(3) one member from an institution of higher education and who is knowledgeable in the science of pests and pest control;
(4) one member representing the interest of structural pest control operators, whose appointment shall be based on recommendations to the Commissioner by a trade association of operators;
(5) one member representing the interest of consumers, whose appointment shall be based on recommendations to the Commissioner by consumer advocacy groups or associations; and
(6) the Commissioner of State Health Services, or his/her designee.
(b) The members, other than the Commissioner of State Health Services, shall serve staggered four-year terms. (Initial committee members may serve shorter terms.)
(c) The terms of four members of the Committee shall expire on February 1 of each odd-numbered year.
(d) Service on the Committee by a state officer or employee shall be an additional duty of that member's office or employment.
(e) Members of the Committee shall be appointed without regard to race, color, disability, sex, religion, age or national origin.
(f) The presiding officer of the Committee shall be elected by the members of the Committee at its first meeting, and thereafter a new presiding officer shall be elected for a term of one year at the first meeting held in each successive year.
§7.193.Appointment of Committee Members.
(a) The Commissioner appoints members of the Committee, other than the Commissioner of State Health Services.
(b) The Commissioner may solicit recommendations for prospective Committee members from industry trade associations, consumer advocacy groups, Boards of Regents of colleges and universities or any other groups or entities that have reason to be knowledgeable about or concerned with the structural pest control industry.
(c) The Department shall develop a form that prospective Committee appointees must complete prior to the Commissioner appointing that person to the Committee. The form shall be designed to elicit all information necessary to determine whether the person is qualified to serve as a Committee member.
(d) Other than the appointment of the original Committee members, the Commissioner shall make appointments to the Committee during January of each odd-numbered year, or as necessary to fill vacancies.
(e) The Commissioner may consider the geographic ties of prospective Committee members to assure that the interests of all geographic areas of Texas are represented.
(f) Other than the Commissioner of State Health Services, a person may serve no more than two consecutive four (4) year terms as a member of the Committee.
§7.194.Additional Qualifications for Committee Members.
(a) The two Committee members who are experts in structural pest control application may qualify by having at least five (5) years of experience in the application of pesticides for structural pest control (for purposes of this subsection, 'experience' means either the actual application of pesticide or the ownership and operation of a structural pest control business), or by having a baccalaureate degree in a field of science related to pest control or manufacture of pesticide and three years of work experience in that field.
(b) The Committee member who is from an institution of higher education must have a post-graduate (masters or doctoral) degree and be, at the time of his/her appointment, employed in a teaching capacity at an institution of higher education and have experience teaching courses that demonstrate that the person is knowledgeable in the science of pests and pest control.
(c) All Committee members must successfully complete, during the first calendar quarter of their term, a course provided by the Department or otherwise approved by the Commissioner that covers the Texas Open Meetings Act, the Texas Open Records Act, the Rulemaking process in Texas, the requirements of the conflict of interest or other laws relating to public officials in Texas, and any applicable ethics policies adopted by the Department.
§7.195.Disqualification of Members.
(a) A person may not be appointed as a public member of the Committee if:
(1) the person is licensed under chapter 1951 of the Occupations Code;
(2) the person or the person's spouse:
(A) is registered, certified or licensed by an occupational regulatory agency in the field of pest control;
(B) is employed or participated in the management of a business entity or other organization regulated by or receiving funds from the Department;
(C) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving funds from the Department; or
(D) uses or receives a substantial amount of tangible goods, services or funds from the Department, other than compensation allowed by law for committee membership, attendance or expenses.
(b) A person may not be appointed as a member of the Committee if:
(1) the person is an officer, employee or paid consultant of a Texas trade association in the field of pest control except as provided in §7.192(a)(4) of this title (relating to Membership of the Committee) and §1951.101(a)(4) of the Texas Occupations Code;
(2) the person's spouse is an officer, manager or paid consultant of a Texas trade association in the field of pest control; or
(3) the person is required to register as a lobbyist under Chapter 105 of the Government Code because of the person's activities for compensation on behalf of a profession related to the operation of the Department.
§7.196.Committee Meetings.
(a) The Committee shall meet at least once during each calendar year.
(b) The Committee may meet on other occasions at the direction of the Commissioner.
(c) Meetings of the Committee shall be posted and held in conformity with the Texas Open Meetings Act.
(d) In order for the Committee to meet and take any action, at least five (5) of the nine members must be present to constitute a quorum.
(e) During the first meeting of each calendar year the Committee will include on its agenda as an item of business a self-assessment of its actions during the prior year.
(1) The self-assessment will be done using a process and on a form prepared by the Commissioner or his designee.
(2) In addition to evaluating its performance during the prior calendar year, the Committee shall establish goals to improve performance during the upcoming year.
(3) The Committee shall forward the self-assessment to the Commissioner for comment, which will be considered at the next subsequent meeting of the Committee after receipt of the Commissioner's comments.
(f) The Committee shall conduct its meetings using procedural rules which substantially comport with Roberts' Rules of Order.
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 August 13, 2007.
TRD-200703533
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: September 23, 2007
For further information, please call: (512) 463-4075