Texas Structural Pest Control Laws & Regulations
Committee Membership. The Structural Pest Control Advisory Committee has 11 members appointed by the
Commissioner.
Who serves on the Structural Pest Control Advisory * 1 school district IPM employee
Committee? * 3 public representatives
* 1 higher education pest science expert
* 3 structural pest control operator representatives
* 1 consumer representative
* Commissioner of State Health Services (or designee)
* 1 operator experienced in natural, organic, or holistic pest control
How long do committee members serve? Members serve staggered 4-year terms, with terms expiring on February 1 of each
odd-numbered year.
Do state employees receive separate compensation for No. Committee service is considered an additional duty of their state employment.
committee service?
How are committee appointments made? Appointments must be made without discrimination based on race, color, disability,
sex, religion, age, or national origin.
Who is ineligible to serve as a public member of the Anyone who is licensed under the Structural Pest Control Act.
Structural Pest Control Advisory Committee?
Can a licensed pest control professional serve as a public No. Public members cannot be licensed under the Structural Pest Control Act.
committee member?
When is a person or their spouse ineligible to serve as a If either is registered, certified, or licensed in the pest control field.
public member?
Can a public member or their spouse work for a regulated No. Neither may be employed by or help manage a business regulated by or
pest control business? receiving funds from the department.
Can a public member or their spouse own part of a No. They cannot own or control more than 10% of a regulated business.
regulated business?
Can a public member or their spouse receive significant No, except for lawful compensation or reimbursement related to committee service
goods, services, or funds from the department? or expenses.
What is a Texas trade association? A statewide, voluntary association of businesses or professionals that works to
support members and promote shared industry interests.
Who cannot serve on the Structural Pest Control Advisory Anyone who is an officer, employee, or paid consultant of a Texas pest control trade
Committee because of trade association involvement? association, except as allowed for certain operator representatives.
Can a person's spouse's role in a pest control trade Yes. A person is ineligible if their spouse is an officer, manager, or paid consultant of
association affect committee eligibility? a Texas pest control trade association.
, Texas Structural Pest Control Laws & Regulations
Can a registered lobbyist serve on the Structural Pest No. Anyone required to register as a lobbyist because of compensated activities
Control Advisory Committee? related to the department cannot serve on the committee.
What are the two primary duties of the Structural Pest Gather and provide information on structural pest control when requested.
Control Advisory Committee? 2. Advise the department and commissioner on structural pest control matters.
What information does the committee provide upon Information related to the practice of structural pest control for the department or
request? commissioner.
What education topics does the committee advise on? Education and curriculum requirements for license applicants.
What role does the committee have regarding licensing It advises on the content of structural pest control examinations.
exams?
What rules does the committee advise on? Technical standards, proposed rules, and enforcement-related rules for structural
pest control.
What licensing matters does the committee advise on? Standards and criteria for issuing structural pest control licenses.
What fee-related matters does the committee advise on? License application and examination fees.
Besides education, exams, rules, licensing, and fees, what Any other issues affecting the practice of structural pest control.
else does the committee advise on?
What must the department do before adopting a new rule? Submit the proposed rule to the committee for review and advice.
What must the committee do after reviewing a proposed Vote on whether to recommend adoption of the rule.
rule?
How long does the committee have to provide its Within 60 days after the proposed rule is submitted for review.
recommendation on a proposed rule?
When may the committee review a completed disciplinary When requested by the committee's presiding officer to advise on enforcement
investigation file? rules.
What must the department establish for the committee? Rules governing the committee's operation, responsibilities, membership, meetings,
and procedures.
, Texas Structural Pest Control Laws & Regulations
What topics must the department's committee rules cover? * Purpose and responsibilities
* Quorum requirements
* Member qualifications
* Appointment process
* Member terms
* Training requirements
* Committee evaluations
* Compliance with Texas Government Code Chapter 551
When are committee officers elected? At the first meeting of each year, members elect a presiding officer and assistant
presiding officer to serve one-year terms.
How often does the Structural Pest Control Advisory The committee meets quarterly.
Committee meet?
What rules govern committee meetings? Meetings are conducted according to Robert's Rules of Order.
What record must be kept of each committee meeting? The committee must record the minutes of every meeting.
Who is responsible for setting the committee meeting The presiding officer sets the agenda for each meeting.
agenda?
Can the department or commissioner request agenda Yes. The presiding officer may add agenda items requested by the department or
items? commissioner.
Who has the sole authority to license structural pest The Texas Department of Agriculture (TDA).
control businesses in Texas?
Who establishes structural pest control licensing fees? The TDA, with advice from the Advisory Committee.
How are licensing fees determined? Fees must be reasonable and necessary to cover the cost of administering the
program.
Who develops the standards for structural pest control The TDA, with advice from the Advisory Committee.
licenses?
What licenses does the department establish standards * Structural Pest Control Business License
for? * Certified Commercial Applicator License
* Certified Noncommercial Applicator License
* Technician License
When may the commissioner issue a subpoena? During an investigation under the Structural Pest Control Act.
What can a subpoena require? * Witness testimony under oath
* Records, documents, and other evidence relevant to an investigation
, Texas Structural Pest Control Laws & Regulations
Who enforces a subpoena if a person refuses to comply? The commissioner, through the Attorney General.
Where may a subpoena enforcement case be filed? * Travis County, or
* The county where the alleged violation occurred.
When will a court enforce a subpoena? When it finds good cause for issuing the subpoena.
Why does the department adopt environmental rules? To protect public health, human life, and the environment.
What must every environmental rule include? The section of law that authorizes the rule.
What standards must rules on economic poisons follow? Applicable federal standards and the commissioner's rules.
Can the department generally restrict advertising or No
competitive bidding?
When may the department restrict advertising? Only to prevent false, misleading, or deceptive advertising.
What advertising restrictions are NOT allowed? Rules cannot restrict:
* Advertising media
* Personal appearance or voice
* Advertisement size or length
* Advertising under a trade name
Can the department regulate the business or license Yes.
holder's name used in advertisements?
When must a licensed pest control business be inspected? * During its first year
* Every 4 years afterward
What must the department establish for investigations? Policies and guidelines for investigating violations.
What should investigation procedures address? Complaints involving pesticide misuse, contamination, and human exposure.
Which agencies may receive referrals during an * Department of State Health Services (DSHS)
investigation? * Texas Commission on Environmental Quality (TCEQ)
* U.S. Environmental Protection Agency (EPA)
Committee Membership. The Structural Pest Control Advisory Committee has 11 members appointed by the
Commissioner.
Who serves on the Structural Pest Control Advisory * 1 school district IPM employee
Committee? * 3 public representatives
* 1 higher education pest science expert
* 3 structural pest control operator representatives
* 1 consumer representative
* Commissioner of State Health Services (or designee)
* 1 operator experienced in natural, organic, or holistic pest control
How long do committee members serve? Members serve staggered 4-year terms, with terms expiring on February 1 of each
odd-numbered year.
Do state employees receive separate compensation for No. Committee service is considered an additional duty of their state employment.
committee service?
How are committee appointments made? Appointments must be made without discrimination based on race, color, disability,
sex, religion, age, or national origin.
Who is ineligible to serve as a public member of the Anyone who is licensed under the Structural Pest Control Act.
Structural Pest Control Advisory Committee?
Can a licensed pest control professional serve as a public No. Public members cannot be licensed under the Structural Pest Control Act.
committee member?
When is a person or their spouse ineligible to serve as a If either is registered, certified, or licensed in the pest control field.
public member?
Can a public member or their spouse work for a regulated No. Neither may be employed by or help manage a business regulated by or
pest control business? receiving funds from the department.
Can a public member or their spouse own part of a No. They cannot own or control more than 10% of a regulated business.
regulated business?
Can a public member or their spouse receive significant No, except for lawful compensation or reimbursement related to committee service
goods, services, or funds from the department? or expenses.
What is a Texas trade association? A statewide, voluntary association of businesses or professionals that works to
support members and promote shared industry interests.
Who cannot serve on the Structural Pest Control Advisory Anyone who is an officer, employee, or paid consultant of a Texas pest control trade
Committee because of trade association involvement? association, except as allowed for certain operator representatives.
Can a person's spouse's role in a pest control trade Yes. A person is ineligible if their spouse is an officer, manager, or paid consultant of
association affect committee eligibility? a Texas pest control trade association.
, Texas Structural Pest Control Laws & Regulations
Can a registered lobbyist serve on the Structural Pest No. Anyone required to register as a lobbyist because of compensated activities
Control Advisory Committee? related to the department cannot serve on the committee.
What are the two primary duties of the Structural Pest Gather and provide information on structural pest control when requested.
Control Advisory Committee? 2. Advise the department and commissioner on structural pest control matters.
What information does the committee provide upon Information related to the practice of structural pest control for the department or
request? commissioner.
What education topics does the committee advise on? Education and curriculum requirements for license applicants.
What role does the committee have regarding licensing It advises on the content of structural pest control examinations.
exams?
What rules does the committee advise on? Technical standards, proposed rules, and enforcement-related rules for structural
pest control.
What licensing matters does the committee advise on? Standards and criteria for issuing structural pest control licenses.
What fee-related matters does the committee advise on? License application and examination fees.
Besides education, exams, rules, licensing, and fees, what Any other issues affecting the practice of structural pest control.
else does the committee advise on?
What must the department do before adopting a new rule? Submit the proposed rule to the committee for review and advice.
What must the committee do after reviewing a proposed Vote on whether to recommend adoption of the rule.
rule?
How long does the committee have to provide its Within 60 days after the proposed rule is submitted for review.
recommendation on a proposed rule?
When may the committee review a completed disciplinary When requested by the committee's presiding officer to advise on enforcement
investigation file? rules.
What must the department establish for the committee? Rules governing the committee's operation, responsibilities, membership, meetings,
and procedures.
, Texas Structural Pest Control Laws & Regulations
What topics must the department's committee rules cover? * Purpose and responsibilities
* Quorum requirements
* Member qualifications
* Appointment process
* Member terms
* Training requirements
* Committee evaluations
* Compliance with Texas Government Code Chapter 551
When are committee officers elected? At the first meeting of each year, members elect a presiding officer and assistant
presiding officer to serve one-year terms.
How often does the Structural Pest Control Advisory The committee meets quarterly.
Committee meet?
What rules govern committee meetings? Meetings are conducted according to Robert's Rules of Order.
What record must be kept of each committee meeting? The committee must record the minutes of every meeting.
Who is responsible for setting the committee meeting The presiding officer sets the agenda for each meeting.
agenda?
Can the department or commissioner request agenda Yes. The presiding officer may add agenda items requested by the department or
items? commissioner.
Who has the sole authority to license structural pest The Texas Department of Agriculture (TDA).
control businesses in Texas?
Who establishes structural pest control licensing fees? The TDA, with advice from the Advisory Committee.
How are licensing fees determined? Fees must be reasonable and necessary to cover the cost of administering the
program.
Who develops the standards for structural pest control The TDA, with advice from the Advisory Committee.
licenses?
What licenses does the department establish standards * Structural Pest Control Business License
for? * Certified Commercial Applicator License
* Certified Noncommercial Applicator License
* Technician License
When may the commissioner issue a subpoena? During an investigation under the Structural Pest Control Act.
What can a subpoena require? * Witness testimony under oath
* Records, documents, and other evidence relevant to an investigation
, Texas Structural Pest Control Laws & Regulations
Who enforces a subpoena if a person refuses to comply? The commissioner, through the Attorney General.
Where may a subpoena enforcement case be filed? * Travis County, or
* The county where the alleged violation occurred.
When will a court enforce a subpoena? When it finds good cause for issuing the subpoena.
Why does the department adopt environmental rules? To protect public health, human life, and the environment.
What must every environmental rule include? The section of law that authorizes the rule.
What standards must rules on economic poisons follow? Applicable federal standards and the commissioner's rules.
Can the department generally restrict advertising or No
competitive bidding?
When may the department restrict advertising? Only to prevent false, misleading, or deceptive advertising.
What advertising restrictions are NOT allowed? Rules cannot restrict:
* Advertising media
* Personal appearance or voice
* Advertisement size or length
* Advertising under a trade name
Can the department regulate the business or license Yes.
holder's name used in advertisements?
When must a licensed pest control business be inspected? * During its first year
* Every 4 years afterward
What must the department establish for investigations? Policies and guidelines for investigating violations.
What should investigation procedures address? Complaints involving pesticide misuse, contamination, and human exposure.
Which agencies may receive referrals during an * Department of State Health Services (DSHS)
investigation? * Texas Commission on Environmental Quality (TCEQ)
* U.S. Environmental Protection Agency (EPA)
