FOR IMMEDIATE RELEASE

September 7, 2010

CONTACT: Vince Leibowitz

512.705.7001
vince@hankgilbert.com

Go Ahead, Let The Bed Bugs Bite?

Gilbert Questions Why Staples, TDA Are Silent On Bed Bug Epidemic;
Criticizes Staples For Taking Money From Groups That Lobbied For
Weakening Pest Control Consumer Protections

TYLER—Hank Gilbert, the Texas Democratic Party’s nominee for Agriculture

Commissioner, questioned Wednesday why the Texas Department of Agriculture, the
state agency in charge of pesticide regulation, has been silent on the epidemic of bed bugs
sweeping the state from Odessa to Fort Worth to San Antonio.
“Given the issues in other states with the misapplication of commercial pesticides
to combat the bed bug epidemic, it is astonishing that the Texas Department of
Agriculture isn’t doing a thing to inform and educate consumers about the dangers of
pesticide misapplication or in how to find applicators licensed to treat bed bugs,” Gilbert
said.
“The EPA recently issued a warning to consumers about using chemicals meant
for outdoor use inside to treat bedbugs, and warned consumers about unscrupulous pest
control companies trying to take advantage of people with bedbug problems. It is a shame
that Todd Staples is abdicating his responsibility to protect Texans to the federal
government when he is in charge of the agency that regulates pest control in Texas,”
Gilbert said.
Gilbert pointed out that bedbug infestations have been reported in San Antonio,
Amarillo, Midland, Dallas, and Fort Worth. “This is just what has made it into the
media,” Gilbert said. “Who knows how bad the problem is, or how many people are
misapplying pesticides or getting taken by unscrupulous exterminators because TDA
hasn’t bothered to educate the public,” he continued. “It is a disservice not only to
consumers but to all of the lawfully licensed pest control applicators out there. If TDA
doesn’t tell consumers what to look for when hiring a pest control company,
unscrupulous companies will take advantage of consumers and take business away from
the legitimate operators,” Gilbert continued.
 Since 2007, the Texas Department of Agriculture has controlled not only
agricultural pesticide application but structural pest control application following the
closure of the Structural Pest Control Board and the merging of its duties and
responsibilities with TDA. Since September 1, 2009, TDA has also had authority over
health-related pest control.
“Most Texans have no idea that the Department of Agriculture is the regulatory
agency that supervises the licensed exterminators in their area,” Gilbert said. “And, how
would they? TDA has done a poor job letting consumers know that they regulate this,” he
said.
Gilbert also criticized Staples for failing to stand up for consumers in 2009 when
the Texas Legislature enacted legislation which lessened consumer protections related to
structural pest control applications and considered additional legislation which would
have weakened consumer protections even more.
“Buried in Senate Bill 1016 in 2009, there are enactments that weaken consumer
protection with regard to structural pest control,” Gilbert said. “Todd Staples personally
appeared before the Senate and House committees considering this legislation and
testified on it. He should have taken that opportunity to speak out against weakening
consumer protections, but he didn’t,” Gilbert said. Gilbert also noted that if House Bill
2038 had passed that session, structural pest control regulations protecting consumers
would have been further weakened.
Gilbert noted that under HB 2038 altered requirements for apartment buildings,
day care centers, hospitals, nursing homes, hotels, warehouses, and food-processing
establishments, by doing away with the requirement that those facilities contract with a
licensed commercial applicator or have a staff member who is a certified noncommercial
applicator or technician perform pest control services.
“Under that bill, if you owned the facility and were the only one who worked
there, you didn’t need anyone licensed or trained to apply pesticides. While hospitals and
nursing homes have large staffs, imagine how many daycares, motels, apartment
buildings, warehouses, or food processing establishments would have been able to slip
through the cracks,” Gilbert said. “This is legislation which would have made Texans less
safe. Misapplication of pesticide by unlicensed, untrained people can be dangerous and
deadly, but Todd Staples didn’t oppose these changes,” Gilbert said.
“Instead of taking a stand against weakening consumer protections, Staples just
sided with the groups who wanted these consumer protections weakened and had given
him thousands of dollars,” Gilbert continued.

--30--
 FACT SHEET
Once Again, Staples Fails Texans

RECENT MEDIA COVERAGE OF BEDBUG INFESTATIONS IN TEXAS:

Fort Worth
Midland (also Midland)
Dallas
Amarillo
San Antonio
Beaumont
Sherman

FACT: Staples took thousands from lobby groups that wanted to weaken consumer
protection laws related to structural pest control. The Texas Apartment Association
and Texas Pest Control Association both supported weakening consumer protection laws
related to structural pest control. [Witness List, House Committee on Agriculture,
Hearing on HB 2038, 81st Texas Legislature.] Many of the changes proposed to weaken
consumer protection requirements related to structural pest control under HB 2038 are
incorporated into SB 1016. [SB 1016, 81st Texas Legislature]. The Texas Apartment
Association and Texas Pest Control Association PACs have given thousands to Staples.

Texas Apartment Assn Pac, $ 2,500.00 12/08/09

Texas Apartment Assn Pac, $ 2,000.00 11/14/05
Texas Apartment Assn Pac, $ 1,250.00 11/12/07
Texas Apartment Assn Pac, $ 1,250.00
12/04/08

Texas Pest Control Assn. Pac, $ 250.00 9/21/08

Texas Pest Control Assn. Pac, $ 250.00 11/25/08

Texas Pest Control Assn. Pac, $ 500.00 8/04/09
Texas Pest Control Assn. Pac, $ 1,000.00 11/30/07
[Texas Ethics Commission]