Sec. 1951.303.  CERTIFIED NONCOMMERCIAL APPLICATOR'S LICENSE.  (a)  In this section, "incidental use situation" means a pesticide application, including treating wasps in an area adjacent to a utility meter, treating fire ants in a transformer box, or the treating of ants by a janitor or clerical employee in a break area, that:
(1)  is on an occasional, isolated, site-specific basis;
(2)  is incidental to the performance of a primary duty that is not pest control by an employee; and
(3)  involves the use of general use pesticides after instruction, as provided by rules adopted by the department.
(b)  An individual who does not hold a certified commercial applicator's license may not engage in the business of structural pest control unless the individual holds a certified noncommercial applicator's or technician license and:
(1)  is employed by the state or a political subdivision of the state and engages in the business of structural pest control other than by applying a general use pesticide in an incidental use situation;  or
(2)  engages in the business of structural pest control as an employee of a person who owns, operates, or maintains a building that is:
(A)  an apartment building;
(B)  a day-care center;
(C)  a hospital;
(D)  a nursing home;
(E)  a hotel, motel, or lodge;
(F)  a warehouse;
(G)  a food-processing establishment, other than a restaurant, retail food, or food service establishment;  or
(H)  a school.
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. 1.34, eff. September 1, 2007.