Texas Register, Volume 25, Number 11, Pages 2223-2484, March 17, 2000 Page: 2,274
2223-2484 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
copies at any time upon request to the service provider, and will
receive any updates to the Consumer Information Sheet which may
occur." A pest control operator must keep a copy of this statement
in the pest control use records for each customer covered by the
agreement.
This agency hereby certifies that the proposal has been re-
viewed 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 March 1, 2000.
TRD-200001568
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
22 TAC 595.8
The Structural Pest Control Board proposes amendments to
595.8, concerning responsibilities of unlicensed persons for
posting and notification. The amendment clarifies that the
statement attesting to need for emergency treatment must
be kept in the pest control use records at business location
and deletes language if extenuating circumstances require
unplanned treatment.
Benny M. Mathis, 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.
Benny M. Mathis, 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 of responsibility if properly
posted pest control sign is removed by an unauthorized individ-
ual. 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, 1106 Clayton
Lane #100LW, Austin, Texas 78723.
The amendment is proposed under Tex.Rev.Civ.Stat.Ann., Ar-
ticle 135b-6, which provides the Structural Pest Control Board
with the authority to license and regulate the structural pest con-
trol industry.
The following is the (statutes, articles or code) that are affected
by this rule. Rule Number Statute, Article or Code 595.8 Article
135b-6 595 Compliance and Enforcement
595.8. Responsibilities of Unlicensed Persons for Posting and No-
tification.
(a) Owners or managers of residential rental properties with
five or more units shall either:
(1) post a pest control sign at least 48 hours before the
planned treatment in an area of common access; or(2) distribute the consumer information sheet to each unit
planned to be treated and each unit adjacent to those planned to
be treated at least 48 hours before the planned time of treatment.
Adjacent means having a common wall, ceiling, or floor. Area of
common access means a common area that an individual is likely to
check on a regular basis, such as building entranceway, mailboxes,
laundry rooms, beverage machines, building bulletin boards, etc.
(b) Employers, building managers, and chief administrators
of workplaces, hospitals, nursing homes, hotels, motels, lodges,
warehouses, food-processing establishments, school or educational
institutions, and day-care centers shall post a pest control sign
in an area of common access at least 48 hours prior to each
planned treatment and provide a Consumer Information Sheet to any
individual working in the building at the request of that individual.
Area of common access means a common area that an individual is
likely to check on a regular basis, such as building entranceway,
mailboxes, laundry rooms, beverage machines, building bulletin
boards, etc.
(c) Chief administrators of school or educational institutions
and day-care centers shall notify the parents or guardians of children
attending the facility in writing that pesticides are periodically applied
indoors and that information on the times and types of applications
is available upon request. Such notification must be made at the time
of the child's registration.
(d) The 48 hour pre-notification requirements of subsections
(a) and (b) [of this section] may be waived if an emergency exists
and the customer and certified applicator sign a statement attesting to
the fact that an emergency exists that requires immediate treatment.
The statement must be kept on file with the pest control use records
[at the business] at the business license location. If the customer
is not available to sign a statement at the time of treatment, the
customer's name and telephone number shall be noted in the pest
control use records. Certified noncommercial applicators may attest
to an emergency by signing a statement attesting to the emergency and
must keep the statement on file with the pest control use records at
their place of employment. An emergency is defined as an imminent
hazard to health or property or an imminent infestation and emergency
treatment is limited to the localized area of the emergency.
(e) A person may not be considered in violation of this
section if a pest sign is removed by an unauthorized person or if
the space to be treated is vacant, unused and unoccupied at the time
of treatment [or if extenuating circumstances require an unplanned
treatment].
(f) A person found in violation of this section is subject to
the administrative penalty provisions of the Structural Pest Control
Act, 10B.
This agency hereby certifies that the proposal has been re-
viewed 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 March 1, 2000.
TRD-200001569
Benny M. Mathis, Jr.,
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
22 TAC 595.1025 TexReg 2274 March 17, 2000 Texas Register
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 25, Number 11, Pages 2223-2484, March 17, 2000, periodical, March 17, 2000; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113921/m1/52/: accessed May 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.