| 1 | 1 | | By: Meza H.B. No. 4212 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the establishment of a professional bee removal |
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| 7 | 7 | | training and licensure program. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 71, Agriculture Code, is amended by |
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| 10 | 10 | | adding Sec. 71.155 to read as follows: |
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| 11 | 11 | | Sec. 71.155. Training OF BEE REMOVAL PROFESSIONALS: (a) |
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| 12 | 12 | | The department by rule shall establish the requirements for a bee |
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| 13 | 13 | | removal professional training program. Additionally, the |
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| 14 | 14 | | individual (to acquire said license, and or certificate would carry |
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| 15 | 15 | | insurance in the amount of $600,000.00 aggregate and $300,000.00 |
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| 16 | 16 | | per incident (+) workman's comp at his own expense. |
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| 17 | 17 | | (b) The training program must include: |
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| 18 | 18 | | (1) at least 80 hours of classroom instruction and 80 |
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| 19 | 19 | | hours of practical instruction in the areas of: |
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| 20 | 20 | | (2) honey bees; |
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| 21 | 21 | | (3) beekeeping; and |
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| 22 | 22 | | (4) non lethal removal of bees from a structure; and |
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| 23 | 23 | | (5) a comprehensive final examination. |
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| 24 | 24 | | (c) The department by rule shall establish the minimum |
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| 25 | 25 | | passing score for the final examination. |
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| 26 | 26 | | (d) The department shall approve one or more organizations |
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| 27 | 27 | | to provide the bee removal professional training program. |
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| 28 | 28 | | SECTION 2. Chapter 71, Agriculture Code, is amended by |
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| 29 | 29 | | adding Sec. 71.156 to read as follows: |
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| 30 | 30 | | Sec. 71.156. ISSUANCE OF CERTIFICATE OR LICENSE. The |
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| 31 | 31 | | department shall issue a bee removal professional certificate to a |
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| 32 | 32 | | person who: |
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| 33 | 33 | | (e) applies to the department; |
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| 34 | 34 | | (f) successfully completes the bee removal professional |
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| 35 | 35 | | training program under Section 71.155; and |
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| 36 | 36 | | (g) pays the required fee. |
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| 37 | 37 | | SECTION 3. Subchapter B, Chapter 1951, Occupations Code, is |
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| 38 | 38 | | amended by adding Section 1951.604 to read as follows: |
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| 39 | 39 | | (h) Sec. 1951.604. BEE REMOVAL PROFESSIONALS. (a) Except |
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| 40 | 40 | | as provided by Sections 1951.212 and 1951.457(c), this chapter does |
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| 41 | 41 | | not apply to a person who: |
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| 42 | 42 | | (i) holds a bee removal professional certificate issued |
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| 43 | 43 | | under Chapter 71.155, Agriculture Code; |
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| 44 | 44 | | (j) does not use pesticides; and |
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| 45 | 45 | | (k) collects and removes honeybees. |
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| 46 | 46 | | (l) (b) A person described by Subsection (a) is not |
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| 47 | 47 | | considered to be engaged in the business of structural pest |
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| 48 | 48 | | control. |
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| 49 | 49 | | (m) must include: |
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| 50 | 50 | | (1) at least 80 hours of classroom instruction and 80 |
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| 51 | 51 | | hours of practical instruction in the areas of: |
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| 52 | 52 | | (A) honey bees; |
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| 53 | 53 | | (B) beekeeping; and non lethal removal of bees |
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| 54 | 54 | | from a structure; and |
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| 55 | 55 | | (2) a comprehensive final examination. |
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| 56 | 56 | | (n) The department by rule shall establish the minimum |
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| 57 | 57 | | passing score for the final examination. |
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| 58 | 58 | | (o) The department shall approve one or more organizations |
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| 59 | 59 | | to provide the bee removal professional training program. |
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| 60 | 60 | | SECTION 4. Not later than March 1, 2020, the Department of |
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| 61 | 61 | | Agriculture shall adopt rules under Section 71.155, Agriculture |
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| 62 | 62 | | Code, as added by this Act, and approve one or more organizations to |
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| 63 | 63 | | provide the bee removal professional training program under that |
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| 64 | 64 | | section. |
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| 65 | 65 | | SECTION 5. This Act takes effect immediately if it receives |
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| 66 | 66 | | a vote of two-thirds of all the members elected to each house, as |
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| 67 | 67 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 68 | 68 | | Act does not receive the vote necessary for immediate effect, this |
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| 69 | 69 | | Act takes effect January 1, 2020. |
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