Title OC, Occupations Code

Sec. 1951.308. LICENSE EXPIRATION. A license issued under this chapter expires at the end of the license period as determined by department rule. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. …

Sec. 1951.309. FEE FOR INITIAL OR RENEWAL LICENSE. (a) An applicant for an initial or renewal structural pest control business license or for an initial or renewal endorsement of license under Section 1951.306 must submit with the person's application a fee in an amount establish…

Sec. 1951.312. LIABILITY INSURANCE; EXCEPTIONS. (a) The department may not issue or renew a structural pest control business license until the license applicant: (1) files with the department a policy or contract of insurance, approved as sufficient by the department, in an amoun…

Sec. 1951.313. MEMORANDUM OF AGREEMENT. The department may enter into a memorandum of agreement with a political subdivision other than an institution of public or private education concerning licensing requirements. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2…

Sec. 1951.314. LICENSE NOT TRANSFERABLE. A license issued by the department under this chapter is not transferable. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. 1.45, eff. September 1, 2007.

Sec. 1951.315. CONTINUING EDUCATION REQUIREMENTS. The department shall administer a mandatory continuing education program for all license holders. Each license holder must comply with the continuing education requirements established by department rule in order to retain or rene…

Sec. 1951.351. TECHNICIAN TRAINING PROGRAM. (a) The department shall: (1) develop or approve a training program for licensed technicians and for applicants to become licensed technicians; and (2) require that an applicant for a technician license complete the training program. (b…

Sec. 1951.352. NEW DEVELOPMENTS; PROOF OF STUDY. If the department determines that new developments in pest control have occurred that are so significant that proper knowledge of the developments is necessary to protect the public, the department may require of each applicant pro…

Sec. 1951.353. FEES RELATED TO TRAINING PROGRAMS. (a) The department may charge a fee to a person to purchase or borrow materials developed for the technician training program under Section 1951.351. The department shall set the fee in an amount that will recover the costs of the…

Sec. 1951.401. EXAMINATION FOR CERTIFIED APPLICATOR'S LICENSE. The department may require a person to qualify for a certified applicator's license by passing an examination demonstrating the person's competence in the field of structural pest control. Added by Acts 2001, 77th Leg…

Sec. 1951.402. EXAMINATION FOR TECHNICIAN LICENSE. The department shall require an applicant for a technician license to pass an examination developed and administered by the department or a person designated by the department. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff…

Sec. 1951.403. EXAMINATION FEE. Each time a person applies to take an examination for a license, the person shall pay the department an examination fee, in an amount established by department rule, for each category of examination to be taken. Except as provided by department rul…

Sec. 1951.404. LIST OF STUDY MATERIALS AND SEMINARS. The department shall make public a list of study materials and educational seminars that are available to help applicants successfully complete any examination administered under this chapter. Added by Acts 2001, 77th Leg., ch.…

Sec. 1951.405. EXAMINATION RESULTS. (a) Not later than the 30th day after the date a licensing examination is administered under this chapter, the department shall notify each examinee of the results of the examination. If an examination is graded or reviewed by a national testin…

Sec. 1951.406. EXAMINATION POLICY. (a) The department shall develop a written policy governing licensing examinations under this subchapter that prescribes: (1) procedures to improve the design and construction of examinations; (2) procedures for administering the examinations; a…

Sec. 1951.451. CONTRACT FOR PEST CONTROL SERVICES. A written contract under which a license holder under this chapter agrees to perform structural pest control services in this state must include: (1) the department's mailing address and telephone number; and (2) a statement that…

Sec. 1951.452. RECORDS OF LICENSE HOLDER. (a) The department may require each license holder to make records, as prescribed by the department, of the license holder's use of pesticides. (b) Subject to Subsection (c), a record required under Subsection (a) shall be: (1) maintained…

Sec. 1951.453. PEST CONTROL INFORMATION FOR INDOOR TREATMENTS: RESIDENTIAL PROPERTY. (a) For an indoor treatment at a private residence that is not rental property, a certified applicator or technician shall make available a pest control information sheet developed under Section …

Sec. 1951.454. PEST CONTROL INFORMATION FOR INDOOR TREATMENTS: WORKPLACE. For an indoor treatment at a workplace, a certified applicator or technician shall make available a pest control information sheet developed under Section 1951.254 and a pest control sign developed under th…

Sec. 1951.455. PEST CONTROL INFORMATION FOR INDOOR TREATMENTS: CERTAIN OTHER BUILDINGS. (a) For an indoor treatment at a building that is a hospital, nursing home, hotel, motel, lodge, warehouse, food-processing establishment, school, or day-care center, a certified applicator or…

Sec. 1951.456. PEST CONTROL INFORMATION FOR INDOOR TREATMENTS; RULES; EXCEPTION. (a) The department shall develop a policy to implement and enforce Sections 1951.453-1951.455. (b) Under rules adopted by the department, a requirement under Sections 1951.453-1951.455 that notice of…

Sec. 1951.457. PEST CONTROL INFORMATION FOR OUTDOOR TREATMENTS. (a) For an outdoor treatment at a private residence that is not rental property, a certified applicator or technician shall make available a pest control information sheet developed under Section 1951.254 at the resi…

Sec. 1951.458. PRACTICE BY NONCOMMERCIAL APPLICATOR OR TECHNICIAN. (a) A person who holds a certified noncommercial applicator's or technician license may not engage in the business of structural pest control outside the scope of the employment for which the person is licensed as…

Sec. 1951.459. PEST CONTROL SERVICES FOR CERTAIN BUILDINGS. The owner of a building that is an apartment building, day-care center, hospital, nursing home, hotel, motel, lodge, warehouse, school, or food-processing establishment, other than a restaurant, retail food, or food serv…

Sec. 1951.501. DISCIPLINARY POWERS OF COMMISSIONER RELATING TO STRUCTURAL PEST CONTROL. (a) In this section, "parent company" means an individual or a partnership, corporation, or other business entity holding one or more structural pest control business licenses. (b) On a determ…

Sec. 1951.502. RIGHT TO HEARING. (a) If the commissioner proposes to suspend or revoke a person's license, the person is entitled to a hearing before the commissioner or a hearings officer appointed by the commissioner. (b) The commissioner shall establish procedures by which a d…

Sec. 1951.503. JUDICIAL REVIEW. (a) An applicant or license holder may appeal from an order or other action of the commissioner under this chapter by bringing an action in a district court of Travis County. (b) Notice of appeal must be filed not later than the 30th day after the …

Sec. 1951.504. SETTLEMENT OF CONTESTED CASES. (a) A settlement of a contested case under Chapter 2001, Government Code, must be approved by the commissioner. (b) The department by rule shall establish guidelines for the settlement of a contested case under Chapter 2001, Governmen…

Sec. 1951.505. EFFECT OF REVOCATION. (a) A license revoked under Section 1951.501 may not be renewed. (b) A person whose license is revoked may not apply for a new license until the first anniversary of the effective date of the revocation. A new license may not be issued without…

Sec. 1951.506. EMERGENCY SUSPENSION. (a) The commissioner shall temporarily suspend the license of a person licensed under this chapter if the commissioner determines from the evidence or information presented to the commissioner that continued practice by the person would consti…

Sec. 1951.601. ENFORCEMENT ACTION FOR MISAPPLICATION OF PESTICIDES. If the commissioner finds that an applicator has misapplied pesticides, the commissioner shall institute an enforcement action against the applicator. The department by rule shall adopt a policy to implement this…

Sec. 1951.602. CIVIL PENALTY; INJUNCTION. (a) A person who violates this chapter or a rule, license, or order of the commissioner is subject to a civil penalty of not less than $50 or more than $2,000 for each act of violation and for each day of violation. (b) If it appears that…

Sec. 1951.603. CRIMINAL PENALTY. (a) A person commits an offense if the person: (1) violates this chapter; (2) violates a rule adopted under Section 1951.205 or 1951.206; or (3) intentionally makes a false statement in an application for a license or otherwise fraudulently obtain…

Sec. 1952.001. DEFINITIONS. In this chapter: (1) "Code enforcement" means the inspection of public or private premises for the purpose of: (A) identifying environmental hazards, including: (i) fire or health hazards; (ii) nuisance violations; (iii) unsafe building conditions; and…

Sec. 1952.002. EXEMPTION FROM REGISTRATION. An individual is not required to be registered under this chapter if the individual: (1) is required to be licensed or registered under another law of this state; and (2) engages in code enforcement under that license or registration. A…

Sec. 1952.003. EMPLOYMENT OF REGISTERED INDIVIDUAL NOT REQUIRED. This state or a political subdivision of this state may engage in code enforcement without employing an individual registered under this chapter, if the individual who is engaging in code enforcement for the state o…

Sec. 1952.051. GENERAL POWERS AND DUTIES. (a) The executive director shall administer and enforce this chapter. (b) The commission by rule shall adopt standards and education requirements consistent with those established under Chapter 654, Government Code, for the registration o…

Sec. 1952.055. ADVISORY BOARD. The department may establish an advisory board to provide advice and recommendations to the department on technical matters relevant to the administration of this chapter. Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.258, eff. Sep…

Sec. 1952.101. REGISTRATION REQUIRED. Except as permitted by Section 1952.002, an individual may not claim to be a code enforcement officer or use the title "code enforcement officer" unless the individual holds a valid certificate of registration under this chapter. Added by Act…

Sec. 1952.102. ELIGIBILITY TO REGISTER AS CODE ENFORCEMENT OFFICER. To be eligible to receive a certificate of registration as a code enforcement officer, an individual must: (1) submit an application in the manner and on the form prescribed by the executive director; (2) have at…

Sec. 1952.103. ELIGIBILITY TO REGISTER AS CODE ENFORCEMENT OFFICER IN TRAINING. (a) An applicant for a certificate of registration under this chapter who has less than one year of full-time experience in code enforcement is entitled to receive a certificate of registration as a c…

Sec. 1952.104. RECIPROCAL REGISTRATION. On proper application, the department shall issue a certificate of registration to a license holder or registrant of another state that has requirements for the licensing or registration of a code enforcement officer that are at least subst…

Sec. 1952.105. TERM OF CERTIFICATE; RENEWAL. (a) A certificate of registration issued under this chapter expires on the second anniversary of the date of issuance and may be renewed biennially on proper application, payment of the required renewal fee, and completion of the conti…

Sec. 1952.106. STATEWIDE VALIDITY OF CERTIFICATE; NONTRANSFERABILITY. (a) A certificate of registration issued under this chapter is valid throughout this state. (b) A certificate of registration issued under this chapter is not assignable or transferable. Added by Acts 2001, 77t…

Sec. 1952.151. DENIAL OF CERTIFICATE; DISCIPLINARY ACTION. (a) The commission or executive director may deny an individual's application for a certificate of registration if the individual's certificate or license to engage in code enforcement or a related profession has been rev…

Sec. 1953.001. DEFINITIONS. In this chapter: (1) "Commission" means the Texas Commission of Licensing and Regulation. (1-a) "Department" means the Texas Department of Licensing and Regulation. (2) "Executive director" means the executive director of the department. (3) "Sanitaria…