(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.
Official text of the Texas Occupations Code as published by the Texas Legislative Council.