Texas 2021 - 87th Regular

Texas Senate Bill SB1128 Compare Versions

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11 87R448 BEF-D
22 By: Powell S.B. No. 1128
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to pollinator health.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Subchapter A, Chapter 131, Agriculture Code, is
1010 amended by adding Sections 131.011 and 131.012 to read as follows:
1111 Sec. 131.011. POLLINATOR HEALTH EDUCATION. (a) The Texas
1212 A&M AgriLife Extension Service, in consultation with the
1313 department, shall develop educational materials regarding the best
1414 practices for avoiding adverse effects from pesticides on
1515 populations of bees and other pollinating insects. The educational
1616 materials must include information on measures that pesticide
1717 applicators may take to protect honeybees and bumblebees. The
1818 Texas A&M AgriLife Extension Service and the department shall
1919 jointly design the requirements to ensure that any pesticide
2020 applicator applying or supervising the application of a pesticide
2121 is knowledgeable regarding alternatives to, the appropriateness
2222 of, and precautions for pesticide use that may be injurious to the
2323 health of bees and other pollinating insects.
2424 (b) The department shall make the educational materials
2525 described in this section a part of the education required to obtain
2626 a pesticide applicator license under Chapter 76.
2727 Sec. 131.012. TASK FORCE ON POLLINATOR HEALTH. (a) In this
2828 section, "task force" means the task force on pollinator health
2929 established under this section.
3030 (b) The task force consists of the following 10 members:
3131 (1) one member of the senate, appointed by the
3232 lieutenant governor after consultation with the speaker of the
3333 house of representatives, who serves as a nonvoting member of the
3434 task force;
3535 (2) one member of the house of representatives,
3636 appointed by the speaker of the house of representatives after
3737 consultation with the lieutenant governor, who is from a different
3838 political party than the member appointed under Subdivision (1) and
3939 who serves as a nonvoting member of the task force;
4040 (3) one member, appointed by the governor, who is a
4141 university faculty member specializing in the science of pollinator
4242 health;
4343 (4) one member, appointed by the governor,
4444 representing an advocacy group for nurseries and greenhouse
4545 producers;
4646 (5) one member, appointed by the governor,
4747 representing an advocacy group for farmers;
4848 (6) one member, appointed by the governor,
4949 representing an advocacy group dedicated to the protection of
5050 pollinators and invertebrates;
5151 (7) one member, appointed by the governor,
5252 representing an advocacy group dedicated to environmental
5353 protection;
5454 (8) one member, appointed by the governor,
5555 representing an advocacy group for retailers;
5656 (9) one member, appointed by the governor, who is
5757 certified as a master gardener by the Texas A&M AgriLife Extension
5858 Service and who represents the public; and
5959 (10) one member, appointed by the governor, who is a
6060 beekeeper and who represents the public.
6161 (c) The task force shall undertake activities to examine
6262 issues relevant to pollinator health, including:
6363 (1) studying proposed and enacted pesticide
6464 regulations from other states and countries that are more
6565 protective of pollinator health than the pesticide regulations of
6666 the United States Environmental Protection Agency;
6767 (2) studying public education and outreach plans
6868 regarding pollinator health that have been successful in other
6969 states;
7070 (3) evaluating the effectiveness of applicator
7171 licensing and other legal requirements, and of any state or federal
7272 incentives, in matters affecting pollinator health;
7373 (4) identifying possible funding streams for efforts
7474 to promote or protect pollinator health;
7575 (5) investigating the means used by other states to
7676 gather data on populations of bees or other pollinating insects;
7777 and
7878 (6) evaluating existing best management practices for
7979 applying neonicotinoids in a manner that avoids harming pollinating
8080 insects.
8181 (d) The task force may take actions necessary and proper to
8282 carry out the work of the task force, including scheduling hearings
8383 and taking testimony on matters related to pollinator health.
8484 (e) A majority of the voting members of the task force
8585 constitutes a quorum for the transaction of business.
8686 (f) Official action by the task force requires the approval
8787 of five or more voting members of the task force.
8888 (g) The task force shall elect one of its voting members to
8989 serve as presiding officer.
9090 (h) The appropriate appointing officer shall appoint a
9191 qualified person to fill a vacancy on the task force.
9292 (i) The task force shall meet at times and places specified
9393 by the call of the presiding officer or of a majority of the voting
9494 members of the task force.
9595 (j) The task force may adopt bylaws necessary for the
9696 operation of the task force.
9797 (k) Not later than October 1, 2022, the task force shall
9898 submit a report, which may include recommendations for legislation,
9999 to the standing committees of the senate and the house of
100100 representatives with primary jurisdiction over agriculture. The
101101 task force may provide progress reports to those committees before
102102 October 1, 2022.
103103 (l) The department shall provide staff support to the task
104104 force.
105105 (m) Members of the task force who are not members of the
106106 legislature are not entitled to compensation but may be reimbursed
107107 for actual and necessary travel and other expenses incurred in the
108108 performance of their official duties in the manner and amounts
109109 provided for in the General Appropriations Act.
110110 (n) Each state agency shall assist the task force in the
111111 performance of its duties and, to the extent permitted by laws
112112 relating to confidentiality, shall furnish information and advice
113113 that the members of the task force consider necessary to perform
114114 their duties.
115115 (o) This section expires December 31, 2022.
116116 SECTION 2. Not later than October 1, 2021, the relevant
117117 appointing authorities shall appoint the members of the task force
118118 on pollinator health under Section 131.012(b), Agriculture Code, as
119119 added by this Act.
120120 SECTION 3. This Act takes effect immediately if it receives
121121 a vote of two-thirds of all the members elected to each house, as
122122 provided by Section 39, Article III, Texas Constitution. If this
123123 Act does not receive the vote necessary for immediate effect, this
124124 Act takes effect September 1, 2021.