Any person engaged in the business of structural pest control must secure a business license from the SPCS for each business location, including branch offices, in accordance with the Structural Pest Control Act. The business of structural pest control includes sales and services. Services includes use of pest control devices, pesticide applications, and inspection and identification services.
Each commercial business license holder must designate a commercial certified applicator, registered with the business, as the responsible certified applicator for the business. The commercial certified applicator designated may not be serving as a responsible certified applicator for any other business licensee or any other business license location.
A business or person cannot advertise to provide pest control services or solicit business without first obtaining a business license and having an applicator certified in each license category in which business is to be conducted.
Each noncommercial/noncommercial political business license holder must designate a noncommercial or noncommercial political certified applicator to serve as the responsible certified applicator if the business employs noncommercial/noncommercial political Apprentices or noncommercial/noncommercial political technicians. The designated responsible certified applicator may not serve as a responsible certified applicator for any other noncommercial/noncommercial political business; or any other noncommercial/noncommercial political business license location
Insurance Requirements
An applicant for commercial or noncommercial business license must submit proof of insurance on the ALS-1101 form. No other insurance form will be accepted. All current commercial business licensees are required to maintain insurance of not less than $200,000 bodily injury and property damage coverage with a minimum total aggregate of $300,000 for all occurrences, insuring against liability for damage to persons or property under his care, custody or control. Your insurance agent must be informed that the care, custody and control exclusion must be deleted to conform to Chapter 1951.312 of the Texas Occupational Code.
Fee
A commercial business license fee is $300. You may not conduct any business or advertise until your business license is issued.
There is no fee for a noncommercial or noncommercial political business license; however, a complete SPC-402: Noncommercial business license application is required. Noncommercial business licenses may not be used to provide services for hire.
Business Tax ID
A business license requires a tax ID (Taxpayer Identification Number) to be provided on the business license application. When issued, the business license will be tied to the tax ID provided. A change in a business licensee’s tax ID will necessitate a new business license, i.e., a new business license application with the new tax ID and business information will be required.
If a new business license is necessary due to a change in tax ID, fees may be required to move licensed applicators (technicians or certified applicators) to the new business license. Apprentices may not be transferred to the new business licensee, and a new apprentice application will be necessary to add the apprentice to the new business licensee.
Any type of tax ID associated with a business entity, such as a sole proprietorship, LLC, corporation, etc., can be used to apply for a business license. Sole proprietorships are tied to the owner’s social security number. In the event the owner of a sole proprietorship passes away, a new business license will always be required due to the owner’s passing. To learn more about setting up a business in Texas, please contact the Texas Secretary of State, Texas Comptroller, a Certified Public Account, or an attorney.
Resident Agent
A business license holder who resides outside of the state of Texas must include a resident agent form, designating a resident agent for services of process in actions taken in the administration and enforcement of the Texas Structural Pest Control Act.
Register Employees
Employees must be registered with their employer’s business license within ten (10) days of hire. If the employee is a currently licensed technician or certified applicator, please use the SPC-002: SPCS Individual License Change form. A fee may be required. If the employee does not hold a technician or certified applicator license, they will need to begin as an registered apprentice unless they qualify for the certified applicator license in another way (see Certified Applicator Licensing Information page).
Termination of Employees
Commercial and noncommercial/noncommerical political businesses must inform the SPCS within 10 days of when an employee is terminated. The notice must be submitted on the SPC-003: Employee Termination form.
Change of Address
Must be submitted within 10 days of the effective date. To make updates to the business license address information, please submit a SPC-001: Business License Information Change form.
SPCS Jurisdiction Statement
Please use the following jurisdiction statement on your printed contract, warranty, service agreement, termite disclosure document, guarantee and customer information sheet:
Licensed and Regulated by:
Texas Department of Agriculture
P.O. Box 12847
Austin, TX 78711-2847
Phone (866) 918-4481
Fax (888) 232-2567
Important Note for business license renewals: Current insurance and a renewal fee must be received by the license expiration date to avoid a business license lapse. If the fee and/or insurance is received after the expiration date, the business license will be expired. Licenses are renewable until the anniversary of the expiration date a year later (ex: expiration 12/31/2019 renewable until 12/31/20). Paying a late fee penalty does not allow the business to operate until the license is renewed and issued.
Loss of Responsible Certified Applicator
A business licensee may not operate without a Responsible Certified Applicator (RCA). If the business loses the RCA due to a death, incapacitation, or loss, a temporary hardship may be requested. Temporary hardships must be requested in writing to
SPCS@TexasAgriculture.gov within 20 business days of the loss of the RCA per
7.129.
The business must have current employees registered with the business for the temporary hardship to be considered. All temporary hardships are reviewed on a case-by-case basis and may require documentation to be submitted. Temporary hardships may require interviews with the previous RCA, if applicable.