Texas - Chemical Hazards: Prohibitions

Prohibitions Or Restrictions
Policy Type: 
statute; regulation

State law requires districts to utilize environmentally-safe chemicals and/or to reduce chemical exposure in schools.

Texas Statutes Occupations Code 1951.212 Integrated Pest Management Programs for School Districts

(e) Each school district shall:

  • (1) adopt an integrated pest management program that incorporates the standards established by the department under this section;

  • (2) designate an integrated pest management coordinator for the district; and

  • (3) report to the department not later than the 90th day after the date the district designates or replaces an integrated pest management coordinator the name, address, telephone number, and e-mail address of the district’s current coordinator.

Texas Administrative Code 25 297.5 Building Operation and Maintenance Guidelines

(m) Pesticide use.

  • (1) Management. Pest management, for both building and lawn care, should emphasize non-chemical management strategies whenever practical, and least toxic chemical controls when pesticides are needed.

  • (2) Products. Pest control products used in and around a building should be documented and a Material Safety Data Sheet (MSDS) made available for building occupant review if requested. Either a written procedure or contract language will ensure that people who use pest control products read and follow all label directions for proper use, mixing, storage, and disposal.

  • (3) Statutes. Pest management for schools must be in accordance with the Structural Pest Control Act, Texas Revised Civil Statutes, Article 135b-6, § 4J and 22 Texas Administrative Code, § 595.11 (relating to schools). These protocols are recommended for all other government buildings.

  • (4) Contracting. When contracting for pest control services, the use of businesses that conform to the standards set forth in 22 Texas Administrative Code § 595.14 relating to Reduced Impact Pest Control Service, is recommended.

  • (5) Removal. Dead pests should be promptly removed from the premises.
    Source: Texas Secretary of State

Texas Administrative Code 4 7.201 Responsibility of School Districts to Adopt an IPM Program

Each school district shall establish, implement, and maintain an Integrated Pest Management (IPM) program. An IPM program is a regular set of procedures for preventing and managing pest problems using an integrated pest management strategy, as defined in § 7.114 of this title (relating to Definition of Terms). The school district is responsible for each IPM Coordinator's compliance with these regulations.

(1) The IPM program shall contain these essential elements:

  • (A) a school board approved IPM policy, stating the school district's commitment to follow integrated pest management guidelines in all pest control activities that take place on school district property. The IPM policy statement shall include:

    • (i) a definition of IPM consistent with this section;
    • (ii) a reference to Texas laws and rules governing pesticide use and IPM in public schools;
    • (iii) information about who can apply pesticides on school district property; and
    • (iv) information about designating, registering, and required training for the school district's IPM Coordinator. The Superintendent and IPM Coordinator will maintain a copy of the policy.
  • (B) a monitoring program to determine when pests are present and when pest problems are severe enough to justify corrective action;

  • (C) the preferential use of lower risk pesticides and the use of non-chemical management strategies to control pests, rodents, insects and weeds;

  • (D) a system for keeping records of facility inspection reports, pest-related work orders, pest control service reports, pesticide applications, and pesticide complaints;

  • (E) a plan for educating and informing school district employees about their roles in the IPM program; and

  • (F) written guidelines that identify thresholds for when pest control actions are justified.

(2) Each school district superintendent shall appoint an IPM Coordinator(s) to implement the school district's IPM program. Not later than 90 days after the superintendent designates or replaces an IPM Coordinator(s), the school district must report to the Department the newly appointed coordinator's name, address, telephone number, email address and the effective date of the appointment. A school district that appoints more than one IPM Coordinator shall designate a Responsible IPM Coordinator who will have overall responsibility for the IPM program and provides oversight of subordinate IPM Coordinators regarding IPM program decisions.

(3) Each school district that engages in pest control activities must employ or contract with a licensed applicator, who may, if an employee, also serve as the IPM Coordinator.

(4) Each school district shall prior to or by the first week of school attendance, ensure that a procedure is in place to provide prior notification of pesticide applications in accordance with this chapter. Individuals who request in writing to be notified of pesticide applications may be notified by telephonic, written or electronic methods.
Source: Texas Secretary of State

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