This section says certain pest control work is outside this chapter if licensing, supervision, and other conditions are met.
Sec. 1951.053. PERSON PERFORMING PEST CONTROL WORK OTHERWISE REGULATED BY DEPARTMENT. (a) Except as provided by Sections 1951.212 and 1951.457(c), this chapter does not apply to: (1) a person who performs pest control work on growing plants, trees, shrubs, grass, or other horticultural plants if the person holds a commercial or noncommercial applicator license from the department and issued under Chapter 76, Agriculture Code, that covers the pest control work or is under the direct supervision of a person who holds a commercial or noncommercial applicator license from the department and issued under Chapter 76, Agriculture Code, that covers pest control work; or (2) a person who performs pest control work on growing plants, trees, shrubs, grass, or other horticultural plants or rights-of-way if the person: (A) is employed by a political subdivision or a cemetery; (B) is engaged in pest control work or vegetation management for the political subdivision or cemetery; (C) holds a commercial or noncommercial applicator license from the department and issued under Chapter 76, Agriculture Code, that covers pest control work or is under the direct supervision of a person who holds a commercial or noncommercial applicator license from the department and issued under Chapter 76, Agriculture Code, that covers pest control work; and (D) complies with annual continuing education required by the department. (b) A person described by Subsection (a) is not considered to be engaged in the business of structural pest control. (c) Neither this section nor any other law shall prohibit a political subdivision from reducing the number of hours of training or other requirements for an employee conducting larval mosquito control on property owned or controlled by the political subdivision using biological pesticides approved for general use by the Department of State Health Services, provided the employee is given instructions adequate to ensure the safe and effective use of such pesticides. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 884, Sec. 2, eff. June 20, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. 1.03, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 7.05, eff. September 1, 2009. Acts 2021, 87th Leg., R.S., Ch. 17 (H.B. 1070), Sec. 1, eff. May 15, 2021.