Texas Administrative Code

(a) All applicators must meet recertification requirements through completion of approved continuing education activities. (b) Approved activities may include lectures, panel discussions, organized video or film with live instruction, field demonstrations, or other activities app…

(a) A licensee who fails to file a complete application for renewal on or before the license expiration date must pay a late fee as prescribed by the Code, Chapter 12. (b) The license of a person who fails to timely file a complete application for renewal is invalid until a compl…

The department hereby adopts by reference the State of Texas Plan for Certification of Pesticide Applicators with appendices submitted by the department to the administrator of the EPA pursuant to the requirements of 7 United States Code § 136i . A copy of the plan may be obtaine…

(a) Each applicator business shall register with, and obtain a registration number from the department. (b) An applicator business vehicle identification decal, issued and provided by the department, shall be prominently affixed to each motor vehicle used by any applicator busine…

(a) State-Limited-Use Pesticides Defined by Active Ingredient. (1) Except as provided by paragraphs (3) - (4) of this subsection and because of their high potential to cause adverse effects to non-target sites, a pesticide product containing an active ingredient in the following …

(a) If there is a discrepancy between supervision requirements contained in federal laws or regulations, state laws or regulations, or the pesticide label, the supervision requirement that requires the greatest degree of direct supervision by the licensed applicator shall apply. …

(a) A person required to be licensed as a pesticide dealer by the Act, §76.071, shall maintain a record of each distribution of a restricted-use pesticide, state-limited-use pesticide, or regulated herbicide for a period of two years. (b) The record of each distribution required …

(a) The following records of pesticide use shall be maintained for a period of two years: (1) A person required by the Act to be licensed as a commercial applicator or a noncommercial applicator shall maintain records of each pesticide application regardless of the use classifica…

(a) No person may dispose of, discard, or store any pesticide or pesticide container in a manner that may cause or result in injury to humans, vegetation, crops, livestock, wildlife, pollinating insects, or pollution of any water supply or waterway. (b) Pesticides intended for di…

In accordance with Texas Finance Code, § 14.113(b) , TFEE funds will be remitted to the comptroller for deposit in the Texas Treasury Safekeeping Trust Company. TFEE funds may be invested and reinvested under the prudent person standard described by Texas Constitution, Article VI…

(a) Authorized gifts and donations. (1) TFEE purpose. Under Texas Finance Code, § 14.113(d) , the finance commission may solicit gifts, grants, and donations that fulfill the purpose of TFEE to support statewide financial education and consumer credit building activities and prog…

(a) Grant cycle. The TFEE fund may have one competitive grant cycle every two years. (1) Funding determination. The grant funding determination is made by December 31 of each odd-numbered year. (2) Programming cycle. A new TFEE grant programming cycle may open on January 1 of eve…

(a) Finance commission and Office of Consumer Credit Commissioner (OCCC). The finance commission administers all aspects of TFEE, including the grant program, gifts, donations, funding and policy decisions. The OCCC is responsible for collection of assessment fees, disbursement a…

(a) Applicability. This chapter governs the administration of the Texas Financial Education Endowment (TFEE) fund as provided by Texas Finance Code, § 14.113 . (b) Purpose. The purpose of this chapter is to provide guidelines regarding the administration of the TFEE fund, which s…

(a) It shall be a violation for any person to use or cause to be used a pesticide in a manner inconsistent with its label or labeling. Use inconsistent with the label includes, but is not limited to: (1) applications at sites, rates, concentrations, intervals, or under conditions…

(a) The Code, §12.020, which provides for the assessment of administrative penalties, applies to a person who violates the Act or these regulations. Failure to pay an administrative penalty assessed by a final order of the department is a violation of these regulations. Failure t…

(a) Any person with cause to believe that any provision of the Act or this chapter has been violated may file a complaint with the department. The department will accept either written or oral notification, but may require that a complaint form be signed in order to conduct an in…

(a) A written or printed order may be issued to any person in possession of a pesticide that has been determined to be in violation of the Act or these regulations. (b) Upon receipt of an order under this section, a person may not use or distribute a pesticide for which the order…

In addition to the enforcement powers of the commissioner found in the Act, Subchapter H, the department may enter the premises of a person who engages in any activity regulated under the Act and this chapter during normal business hours to: (1) examine records; (2) inspect any a…

(a) Aransas. No permit is required for spraying regulated herbicides during the months of January and February. (b) Austin. (1) Only that portion of Austin County lying east and south of the line beginning at the point where State Highway 36 crosses the north county line, thence …

The following counties shall be subject to the provisions of the Act, Subchapter G, unless specifically excepted by provisions of § 7.53 of this chapter (relating to County Special Provisions): Aransas, Austin, Bailey, Baylor, Brazoria, Brazos, Briscoe, Burleson, Childress, Cochr…

(a) The department shall not accept for adoption any request for special county provisions which will, except as provided by and consistent with the Act, Subchapter G, and regulations adopted thereunder, either directly or indirectly: (1) exempt applicators from obtaining spray p…

(a) The following requirements are applicable to persons applying regulated herbicides in regulated counties. No person shall apply regulated herbicides as defined in § 7.30 of this chapter (relating to Classification of Pesticides), without first obtaining a spray permit for suc…

Products containing coumaphos, with an active ingredient of 42% by weight, which is approved for use on beef or non-lactating dairy cattle or horses, to control horn flies, lice, ticks and screwworms, must be applied in a ventilated area. Notes 4 Tex. Admin. Code § 7.41 Adopted b…

(a) Any and all pesticides and devices using sodium cyanide as the active ingredient, including the M-44 device for livestock predation control, shall be classified as state-limited-use pesticides, pursuant to the Act, §76.003. However, this section shall not apply to the use of …

(a) Any and all pesticides and devices using the active ingredient sodium fluoroacetate for livestock predation control shall be classified as state-limited-use, pursuant to the Act, §76.003. (b) In addition to the definitions set out in the Act, §76.001, and § 7.1 of this chapte…

(a) The pesticide applicator shall be responsible for complying with the following standards: (1) Pesticides may not be applied if persons not involved with the application of the pesticide are lawfully present in the area to be treated. (2) The applicator shall stop the applicat…

(a) Except as provided in subsection (n) of this section, the farm operator shall be responsible for meeting prior notification requirements. Responsibility may be transferred by contract to a second party. However, if the effective date of the transfer is unclear, both the farm …

(a) Workers and handlers must be trained in accordance with WPS. (b) All certified and licensed applicators or trained trainers who conduct WPS pesticide safety training must: (1) maintain records of each trainee for five years. These records must include a copy of each dated cla…

In addition to the definitions set out in the Code, §76.001, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Act--Texas Agriculture Code, Chapter 76. (2) Adjoining--Directly contiguou…

Each pesticide distributed in this state shall bear a label containing the following information related to the pesticide: (1) the label information required by FIFRA, if the pesticide is subject to registration under that law; or (2) the following information, if the pesticide i…

In addition to the definitions set out in the Texas Structural Pest Control Act, Chapter 1951, Texas Occupations Code, the following words, names, and terms shall have the below meanings for this subchapter, unless the context clearly indicates otherwise. (1) Adjacent--An area ha…

The department has established the following schedule of disciplinary sanctions for violations of this subchapter: Attached Graphic Notes 4 Tex. Admin. Code § 7.115 Adopted by Texas Register, Volume 41, Number 39, September 23, 2016, TexReg 7479 , eff. 9/27/2016 ; Amended by Texa…

(a) A custom blend is a pesticide-fertilizer, pesticide-pesticide, or a pesticide-animal feed mixture that is produced on special request for a specific customer. Custom blends shall only be distributed or prepared according to the following criteria: (1) the custom blend is prep…

(a) Business Licensee- Any person engaged in structural pest control for compensation must secure a business license in the business's operating name from the department for each business location, including branch offices. Each business licensee must designate a responsible cert…

(a) The application for a business license, a certified applicator license, technician license, or for registration as an apprentice under this chapter must be complete and submitted on a form prescribed by the department. Failure to provide complete and accurate information may …

(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 department in an amount not less than $500,000 for bodily injury and property damage coverage, wi…

All application equipment used for pesticide applications is subject to inspection by the department at any reasonable time. Such equipment must be maintained in a condition that will provide safe and proper application of the pesticide. If the inspector finds that it is not, the…

Pest control licenses may be issued in one or more of the following categories. (1) Pest Control--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 …

(a) Examination required. Each individual not previously qualified by examination in the category or categories for which the license is requested must pass an appropriate examination. An application must be submitted to the department specifying the examination category desired …

(a) Certified commercial applicator. In addition to passing the appropriate category examination, in order to be eligible to obtain a certified commercial applicator license, each applicant must pass the general standards examination administered by the department. To be eligible…

(a) Each commercial business license expires on the last day of the month, twelve (12) months from the date issued. (b) Commercial technician and certified commercial applicator licenses registered with a commercial business, expire annually on the same date the commercial busine…

(a) Applicants and licensees will be charged the following fees: (1) $300 for a business license; (2) $125 for a certified applicators license; (3) $125 for a technician license; (4) $64 per exam in each category; (5) a renewal fee equal to one-and-a-half (1-1/2) times the normal…

(a) In the event of disability, incapacity, or death of the owner of a licensed business, and upon application of an heir electing to continue the business or noncommercial operation, the Commissioner may allow the operation to continue for a period not to exceed six (6) months. …

Before approving the registration of a pesticide under the Act, §76.045, the department shall determine: (1) that a local need exists; (2) that the applicant meets all federal requirements for registration of a pesticide; (3) that the particular use of the pesticide has not been …

(a) The department performs criminal background checks on each applicant for examination or a license. Applications to examine for or receive a license, including a renewal, may be delayed as the result of evaluating any criminal activity revealed by this criminal background chec…

(a) 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. A certified noncommercial applicator must not be associated with a …