2005 Texas Attorney General Reports and Opinions 1 (2005)

handle is hein.sag/sagtx0086 and id is 1 raw text is: ATTORNEY GENERAL OF TEXAS
January 3, 2005
The Honorable Susan Combs                  Opinion No. GA-0289
Texas Department of Agriculture            Re: Whether an applicant for a commercial
Post Office Box 12847                      pesticide applicator license is required to furnish
Austin, Texas 78711                        a social security number for purposes of child
support enforcement (RQ-0247-GA)
Dear Commissioner Combs:
You pose numerous questions that relate to section 231.302(c)(1) of the Texas Family Code
(hereinafter section 231.302(c)(1)). Your initial question is whether a commercial pesticide
applicator license is an occupational license for which submission of a social security number (or
suitable affidavit) is required under state and federal laws for purposes of child support enforcement.'
In the event the answer to the initial question is in the affirmative, and in the event an applicant for
such a license claims to have no social security number, you pose several follow-up questions. See
Request Letter, supra note 1, at 1-2.
.     Background
The Texas Department of Agriculture (the Department) is the state agency responsible for
regulating pesticides and herbicides, TEX. AGRIC. CODE ANN.  11.001, 76.003 (Vernon 2004), and
licensing use of the same. Id.  76.071, .102, .105. By way of background, you advise us that an
individual has applied to the Department for the renewal of a commercial pesticide applicator
license. Request Letter, supra note 1, at 6 (Exhibit B). You inform us that the applicant, because
of the applicant's religious beliefs, has not provided a social security number as required in the
license renewal application; nor has the individual executed an unqualified affidavit supplied by the
Department as an alternative to the requirement of providing a social security number attesting to
the fact that the person does not have a social security number. Id.
Section 231.302(c)(1), which imposes the requirement that a social security number be
provided with a commercial pesticide applicator license, was enacted to comply with the child
support enforcement provisions of the federal Social Security Act (42 U.S.C.  601-617, 651-669).
'Letter from Martin A. Hubert, Deputy Commissioner, Texas Department of Agriculture, to Honorable Greg
Abbott, Texas Attorney General (July 8, 2004) (on file with Opinion Committee, also available at http://www.oag
.state.tx.us) [hereinafter Request Letter].

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