1. (a) The department by rule shall adopt a policy that requires a business holding a structural pest control business license to be inspected by a field inspector at least once:

   1. (1) in the business's first year of operation; and
   2. (2) every four years after the first year of operation.

2. (b) The department by rule shall adopt a policy and guidelines for conducting an investigation under this chapter, including:

   1. (1) procedures for investigating a complaint concerning misuse of pesticides, including contamination by pesticides and human exposure to pesticides;

   2. (2) the circumstances in which a case should be referred to the:

      1. (A) Department of State Health Services;
      2. (B) Texas Commission on Environmental Quality; or
      3. (C) United States Environmental Protection Agency;
   3. (3) recommendations to consumers and applicators regarding cleanup after a spill or misapplication; and
   4. (4) procedures for residue sampling, including the circumstances in which to take a residue sample and the time in which the sample should be taken.

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

Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. 1.21, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 7.09, eff. September 1, 2009.