Sec. 1951.051. INDIVIDUAL PERFORMING PEST CONTROL WORK ON OWN OR EMPLOYER'S PREMISES

1. (a) An individual who does not hold a license under this chapter may use insecticides, pesticides, rodenticides, fumigants, or allied chemicals or substances or mechanical devices designed to prevent, control, or eliminate pest infestations unless:

   1. (1) that use is prohibited by state law or rule;
   2. (2) that use is prohibited by rule of the United States Environmental Protection Agency; or
   3. (3) the substance used is labeled as a restricted-use pesticide or a state-limited-use pesticide.

2. (b) An individual may act under Subsection (a) only on premises:

   1. (1) owned by the individual;
   2. (2) in which the individual owns a partnership or joint venture interest; or
   3. (3) of a person who employs the individual primarily to perform services other than pest control.

3. (c) Subsection (b)(3) does not apply to:

   1. (1) an apartment building;
   2. (2) a day-care center;
   3. (3) a hospital;
   4. (4) a nursing home;
   5. (5) a hotel, motel, or lodge;
   6. (6) a warehouse;
   7. (7) a food-processing establishment;
   8. (8) a facility owned by the state or a political subdivision of the state, except as provided by Section 1951.303(b)(1); or
   9. (9) a school.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.