Sec. 76.120.  EMERGENCY MOSQUITO CONTROL BY CERTAIN MUNICIPAL OR COUNTY EMPLOYEES.  (a)  A municipal or county health department may apply for a waiver from the department authorizing the application of pesticides for mosquito control in the manner provided by this section if:
(1)  the municipality or county is in a state of disaster as declared by the governor under Chapter 418, Government Code; or
(2)  the municipal or county health department determines that immediate action is needed to control the threat of mosquito-borne disease.
(b)  On application by a municipal or county health department, the department may grant a waiver authorizing unlicensed employees of the municipality or county to apply pesticides for mosquito control under the direct supervision of a licensed applicator employed by the municipality or county, a nearby political subdivision, this state, or the federal government.
(c)  An unlicensed employee of the municipality or county may apply pesticides as authorized by a waiver if the unlicensed employee and the licensed applicator supervising the employee execute an affidavit promulgated by the department describing the supervision arrangement and return the affidavit to the department.
Added by Acts 2019, 86th Leg., R.S., Ch. 344 (S.B. 1113), Sec. 1, eff. May 31, 2019.