Texas 2019 - 86th Regular

Texas House Bill HB4212 Latest Draft

Bill / Introduced Version Filed 03/11/2019

                            By: Meza H.B. No. 4212


 A BILL TO BE ENTITLED
 AN ACT
 relating to the establishment of a professional bee removal
 training and licensure program.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Chapter 71, Agriculture Code, is amended by
 adding Sec. 71.155 to read as follows:
 Sec. 71.155.  Training OF BEE REMOVAL PROFESSIONALS:  (a)
 The department by rule shall establish the requirements for a bee
 removal professional training program.  Additionally, the
 individual (to acquire said license, and or certificate would carry
 insurance in the amount of $600,000.00 aggregate and $300,000.00
 per incident (+) workman's comp at his own expense.
 (b)  The training program must include:
 (1)  at least 80 hours of classroom instruction and 80
 hours of practical instruction in the areas of:
 (2)  honey bees;
 (3)  beekeeping; and
 (4)  non lethal removal of bees from a structure; and
 (5)  a comprehensive final examination.
 (c)  The department by rule shall establish the minimum
 passing score for the final examination.
 (d)  The department shall approve one or more organizations
 to provide the bee removal professional training program.
 SECTION 2.  Chapter 71, Agriculture Code, is amended by
 adding Sec. 71.156 to read as follows:
 Sec. 71.156.  ISSUANCE OF CERTIFICATE OR LICENSE.  The
 department shall issue a bee removal professional certificate to a
 person who:
 (e)  applies to the department;
 (f)  successfully completes the bee removal professional
 training program under Section 71.155; and
 (g)  pays the required fee.
 SECTION 3.  Subchapter B, Chapter 1951, Occupations Code, is
 amended by adding Section 1951.604 to read as follows:
 (h)  Sec. 1951.604.  BEE REMOVAL PROFESSIONALS.  (a)  Except
 as provided by Sections 1951.212 and 1951.457(c), this chapter does
 not apply to a person who:
 (i)  holds a bee removal professional certificate issued
 under Chapter 71.155, Agriculture Code;
 (j)  does not use pesticides; and
 (k)  collects and removes honeybees.
 (l)  (b) A person described by Subsection (a) is not
 considered to be engaged in the business of structural pest
 control.
 (m)  must include:
 (1)  at least 80 hours of classroom instruction and 80
 hours of practical instruction in the areas of:
 (A)  honey bees;
 (B)  beekeeping; and non lethal removal of bees
 from a structure; and
 (2)  a comprehensive final examination.
 (n)  The department by rule shall establish the minimum
 passing score for the final examination.
 (o)  The department shall approve one or more organizations
 to provide the bee removal professional training program.
 SECTION 4.  Not later than March 1, 2020, the Department of
 Agriculture shall adopt rules under Section 71.155, Agriculture
 Code, as added by this Act, and approve one or more organizations to
 provide the bee removal professional training program under that
 section.
 SECTION 5.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution.  If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect January 1, 2020.