Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,333
8313-8478 p. ; 28 cm.View a full description of this periodical.
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regulations [examination], and on one or more category tests will be
eligible to be certified in those categories or subcategories for which
a passing score was received and shall be licensed as soon as all
other licensing requirements are met. [Applicators may ceify, in the
subeategory listed in 7.21a) (6)( of this title (elating to Applicator
certi4ficLion) by passing a test pertaining to that subcategory and
related laws and regulations and fulfilling other licensing require-
et however..... applicators who icense in this manner may not add
other categories without successfully completing the general pesticide
applipcat r examination and the laws and regulations examination.]
(2) A fee of $24 shall be required for testing each appli-
cant in each license use category and subcategory, and must be paid
at the time the initial test or tests are given. Employees of political
subdivisions of the State of Texas or of a federal agency operating in
Texas who utilize the license solely in the course of their employment
are exempt from fees for initial examinations [examination fees]. Fees
for retakes of any pesticide certification category examination or sub-
category examination may be charged to recover costs of examination
administration.
(3) (No change.)
(e) (No change.)
(f) Private applicators must meet the following requirements:
(1) - (3) (No change.)
(4) Military service members and military veterans, as de-
fined in Texas Occupations Code, Chapter 55, will be credited with
experience equivalent to the training required by 7.21(b)(4)(A) - (F)
of this title (relating to Applicator Certification).
7.25. Expiration and Renewal of Licenses.
(a) - (d) (No change.)
(e) Military service members or military veterans as defined in
Texas Occupations Code, Chapter 55, will be credited with experience
when equivalent to the pre-license requirements of 7.21(b)(4)(A) - (F)
of this title (relating to Applicator Certification).
(f) License applications of military spouses, as defined in
Texas Occupations Code, Chapter 55, shall be processed on an expe-
dited basis.
(g) If a qualified military spouse applicant holds a current li-
cense issued by another jurisdiction and licensing requirements of that
jurisdiction are substantially equivalent to the licensing requirements
of the department, the department shall issue the applicant a license.
For purposes of this subsection, substantially equivalent means:
(1) the requirements of the other jurisdiction require writ-
ten, proctored examinations for initial certification for the same type of
pesticide applicator license being requested;
(2) the other jurisdiction has a state pesticide plan approved
by the U.S. Environmental Protection Agency; and
(3) the department has a current reciprocal agreement with
the issuing jurisdiction for pesticide licensing.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on November 6,
2013.
TRD-201305119Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: December 22, 2013
For further information, please call: (512) 463-4075
SUBCHAPTER H. STRUCTURAL PEST
CONTROL SERVICE
DIVISION 2. LICENSES
4 TAC 7.125, 7.126
The amendments to 7.125 and 7.126 are proposed pursuant
to the Texas Occupations Code, 55.005, as added by SB 162,
which requires the expedition of licensing for military spouses
and the issuance of a license to a qualified military spouse who
holds a license issued by another jurisdiction that has substan-
tially equivalent licensing requirements; and 55.007, as added
by SB 162, which requires the department to adopt rules to credit
verified military service, training, or education toward its licens-
ing requirements for military service members and military vet-
erans.
The Code affected by the proposal is the Occupations Code,
Chapter 55.
7.125. Examinations.
(a) - (d) (No change.)
(e) Military service members or military veterans, as defined
in Texas Occupations Code, Chapter 55, will be credited with experi-
ence equivalent to subsections (b) and (c) of this section.
(f) License applications of military spouses, as defined in
Texas Occupations Code, Chapter 55, shall be processed on an expe-
dited basis.
(g) If a qualified military spouse applicant has held a license
issued by another jurisdiction for twelve (12) months out of the past
twenty-four (24) months, the department shall allow the applicant to
forego registering as an apprentice and the subsequent training require-
ment as well as the technician level of license, and take certified appli-
cator exams. For purposes of this subsection, proof of having held a
license issued by another jurisdiction must be in the form of a letter
from the appropriate licensing entity stating the type of license held
and how long the applicant has held the license.
7.126. License Expiration and Renewal.
(a) - (b) (No change.)
(c) Licenses must be renewed by submitting a renewal appli-
cation to the department, paying the required fee, and meeting any addi-
tional requirements of the department under 7.123 of this title (relating
to Insurance Requirement) and subsection (g) of this section, 30 days
prior to the license expiration date. Military spouses, as defined in
Texas Occupations Code, Chapter 55, may request on their application
form for license renewal to be expedited, as long as they meet all other
licensing requirements. Submitting a renewal application after the li-
cense expiration date makes the license renewal application subject to
late fees. A renewal application is not considered to be submitted un-
less it is entirely completed and correct, submitted with the correct fees,
and satisfying any additional requirements determined by department
rules. Applicants who apply for a renewal license more than 60 days
after the license expiration date will be required to be reexamined to
obtain a license.PROPOSED RULES November 22, 2013 38 TexReg 8333
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Texas. Secretary of State. Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013, periodical, November 22, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379965/m1/21/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.