Each applicator business, as defined in the Act, §76.111, shall register with the department on a prescribed form and file proof of financial responsibility prior to making any applications of restricted-use or state-limited-use pesticides or regulated herbicides. This requirement shall be satisfied in the following manner.

1. (1) If the applicator business is a licensed commercial applicator, the applicator shall, on application for the commercial applicator license, attest to the existence of adequate financial responsibility in the amounts and under the terms stated in the Act, §76.111 on a form provided by the department.
2. (2) An applicator business that is not a licensed commercial applicator, but instead employs one or more licensed commercial applicators, shall attest to the existence of adequate financial responsibility in the amounts and under the terms stated in the Act, §76.111 on a form provided by the department.
3. (3) Commercial applicators who are employees or agents of an applicator business shall be required to state, on application for their commercial applicator license, the name of the applicator business by whom they are employed. Employees or agents of an applicator business are prohibited from making any applications of restricted-use or state-limited-use pesticides or regulated herbicides until such time as the applicator business has complied with paragraph (2) of this section.
4. (4) The applicator business shall notify the department within 30 days of any change in the information provided as part of the registration application.

Source Note:The provisions of this §7.23 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective November 2, 2005, 30 TexReg 7035.