This section defines when a person is considered to be in the business of structural pest control, and when clerical employees or manual laborers are not.
Sec. 1951.003. BUSINESS OF STRUCTURAL PEST CONTROL. (a) In this chapter, a person is engaged in the "business of structural pest control" if the person performs, offers to perform, or advertises for or solicits the person's performance of any of the following services for compensation, including services performed as a part of the person's employment: (1) identifying infestations or making inspections for the purpose of identifying or attempting to identify infestations of: (A) arthropods, including insects, spiders, mites, ticks, and related pests, wood-infesting organisms, rodents, weeds, nuisance birds, and any other obnoxious or undesirable animals that may infest households, railroad cars, ships, docks, trucks, airplanes, or other structures or their contents; or (B) pests or diseases of trees, shrubs, or other plantings in a park or adjacent to a residence, business establishment, industrial plant, institutional building, or street; (2) making oral or written inspection reports, recommendations, estimates, or bids with respect to an infestation described by Subdivision (1); or (3) making contracts, or submitting bids based on an inspection for services or performing services designed to prevent, control, or eliminate an infestation described by Subdivision (1) by the use of insecticides, pesticides, rodenticides, fumigants, allied chemicals or substances, or mechanical devices. (b) A person is not engaged in the business of structural pest control if the person is a clerical employee or a manual laborer and the person does not: (1) identify pests; (2) make inspections, recommendations, estimates, bids, or contracts; (3) provide estimates, bids, or contracts based on an inspection; or (4) apply insecticides, pesticides, rodenticides, fumigants, allied chemicals, or other related substances regulated by the department. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 7.03, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 332 (H.B. 2742), Sec. 1, eff. June 17, 2011.