(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) that use is prohibited by state law or rule;
(2) that use is prohibited by rule of the United States Environmental Protection Agency; or
(3) the substance used is labeled as a restricted-use pesticide or a state-limited-use pesticide.
(b) An individual may act under Subsection (a) only on premises:
(1) owned by the individual;
(2) in which the individual owns a partnership or joint venture interest; or
(3) of a person who employs the individual primarily to perform services other than pest control.

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Terms Used In Texas Occupations Code 1951.051

  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Rule: includes regulation. See Texas Government Code 311.005
  • United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005

(c) Subsection (b)(3) does not apply to:
(1) an apartment building;
(2) a day-care center;
(3) a hospital;
(4) a nursing home;
(5) a hotel, motel, or lodge;
(6) a warehouse;
(7) a food-processing establishment;
(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) a school.