Texas 2023 - 88th Regular

Texas House Bill HB4538 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 4538
2	2
3	3
4	4	AN ACT
5	5	relating to the regulation of beekeeping; imposing fees and
6	6	authorizing other fees; expanding the applicability of an
7	7	occupational permit.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 131.001, Agriculture Code, is amended by
10	10	amending Subdivisions (2), (3), (5), (6), and (8) and adding
11	11	Subdivisions (8-a) and (12-a) to read as follows:
12	12	(2) "Apiary" means a place where [six or more]
13	13	colonies of bees or nuclei of bees are kept.
14	14	(3) "Beekeeper" means a person who owns, leases,
15	15	possesses, controls, or manages one or more colonies of bees for any
16	16	[pollination or the production of honey, beeswax, or other
17	17	by-products, either for] personal or commercial purpose [use].
18	18	(5) "Colony" means a distinguishable localized
19	19	population of bees in which one or more life stages may be present
20	20	[the hive and its equipment and appurtenances including bees, comb,
21	21	honey, pollen, and brood].
22	22	(6) "Director" means the director of [the] Texas A&M
23	23	AgriLife Research [Agricultural Experiment Station].
24	24	(8) "Equipment" means hives, supers, frames, veils,
25	25	gloves, tools, machines, vacuums, or other devices for the handling
26	26	and manipulation of bees, honey, pollen, wax, or hives,
27	27	including[,] storage or transportation [transporting] containers
28	28	for pollen, honey, or wax, or other apiary supplies used in the
29	29	operation of an apiary or honey house.
30	30	(8-a) "Hive" means a box or other shelter containing a
31	31	colony of bees.
32	32	(12-a) "Package bees" means live bees in cages without
33	33	combs or honey used in forming a new colony.
34	34	SECTION 2. Section 131.003, Agriculture Code, is amended to
35	35	read as follows:
36	36	Sec. 131.003. CONFLICTS OF INTEREST. (a) A person may not
37	37	serve as chief apiary inspector or be an assistant of the chief
38	38	apiary inspector if the person is an officer, employee, or paid
39	39	consultant of a trade association in the beekeeping industry.
40	40	(b) A person may not serve as chief apiary inspector or be an
41	41	assistant of the chief apiary inspector of the grade 17 or over,
42	42	including exempt employees, according to the position
43	43	classification schedule under the General Appropriations Act, if
44	44	the person cohabits with or is the spouse of an officer, managerial
45	45	employee, or paid consultant of a trade association in the
46	46	beekeeping industry.
47	47	SECTION 3. Section 131.004(b), Agriculture Code, is amended
48	48	to read as follows:
49	49	(b) The chief apiary inspector shall provide to the chief
50	50	apiary inspector's [his] assistants and inspectors, as often as is
51	51	necessary, information regarding their qualifications under this
52	52	chapter and their responsibilities under applicable laws relating
53	53	to standards of conduct for state officers or employees.
54	54	SECTION 4. Sections 131.007(b) and (c), Agriculture Code,
55	55	are amended to read as follows:
56	56	(b) The inspector shall prepare information of public
57	57	interest describing the functions of the agency and describing the
58	58	procedure by which complaints are filed with and resolved by the
59	59	agency [inspector]. The inspector shall make the information
60	60	available to the general public and appropriate state agencies.
61	61	(c) The inspector shall adopt rules establishing methods by
62	62	which consumers and service recipients can be notified of the name,
63	63	mailing address, and telephone number of the agency [inspector's
64	64	office] for the purpose of directing complaints to the inspector.
65	65	The inspector may provide for the notification by including the
66	66	information:
67	67	(1) on each registration or application form submitted
68	68	by a person regulated under this chapter;
69	69	(2) on a sign which is prominently displayed in the
70	70	place of business of each person regulated under this chapter; or
71	71	(3) in a bill for services or goods provided by a
72	72	person regulated under this chapter.
73	73	SECTION 5. Section 131.008(b), Agriculture Code, is amended
74	74	to read as follows:
75	75	(b) If a written complaint is filed with the inspector
76	76	regarding [relating to] a beekeeper who is not in compliance with
77	77	this chapter or rules adopted [regulated] under this chapter, the
78	78	inspector shall notify the parties to the complaint, at least
79	79	quarterly and until final disposition of the complaint, of the
80	80	status of the complaint, unless notice would jeopardize an
81	81	undercover investigation.
82	82	SECTION 6. The heading to Subchapter B, Chapter 131,
83	83	Agriculture Code, is amended to read as follows:
84	84	SUBCHAPTER B. DISEASE AND PEST CONTROL
85	85	SECTION 7. Section 131.021, Agriculture Code, is amended to
86	86	read as follows:
87	87	Sec. 131.021. POWERS AND DUTIES OF CHIEF APIARY INSPECTOR.
88	88	(a) For the purpose of enforcing this chapter, the chief apiary
89	89	inspector may:
90	90	(1) adopt rules and act as necessary to control,
91	91	eradicate, or prevent the introduction, spread, or dissemination of
92	92	contagious or infectious diseases or pests of bees;
93	93	(2) prohibit the shipment or entry into this state of
94	94	bees, honey, combs, pollen, or other items capable of transmitting
95	95	diseases or pests of bees from another state, territory, or foreign
96	96	country except in accordance with rules adopted by the inspector;
97	97	and
98	98	(3) seize and order the destruction, treatment, or
99	99	sale of a colony of bees, equipment, pollen, or honey that is
100	100	determined to contain pests, be diseased, infectious, or abandoned,
101	101	or be in violation of this chapter or a rule or quarantine adopted
102	102	under this chapter.
103	103	(b) For purposes of this section, apiaries, equipment, or
104	104	bees are considered infectious if:
105	105	(1) the bees are not hived with movable frames or are
106	106	not stored so as to prevent the possible spread of disease or pests;
107	107	or
108	108	(2) the bees, equipment, or apiary generally comprise
109	109	a hazard or threat to disease control in the beekeeping industry.
110	110	SECTION 8. Section 131.022(a), Agriculture Code, is amended
111	111	to read as follows:
112	112	(a) If the chief apiary inspector determines that the public
113	113	welfare or protection of the beekeeping industry requires the
114	114	establishment of a quarantine, the inspector may:
115	115	(1) declare a protective quarantine of a district,
116	116	county, precinct, or other defined area in which a disease or pest
117	117	of bees [or a deleterious exotic species of bees] is not known to
118	118	exist or in which the disease or pest [exotic species] is being
119	119	eradicated in accordance with this subchapter; or
120	120	(2) declare a restrictive quarantine of a district,
121	121	county, precinct, or other defined area in which a disease or pest
122	122	of bees [or a deleterious exotic species of bees] is located.
123	123	SECTION 9. Section 131.023, Agriculture Code, is amended to
124	124	read as follows:
125	125	Sec. 131.023. SALE OF QUEEN BEE AND ATTENDANTS, PACKAGE
126	126	BEES, COLONIES, AND NUCLEI. A person may not sell or offer for sale
127	127	a queen bee and attendant bees, package bees, colonies, nuclei, or
128	128	queen cells in this state unless the bees are accompanied by:
129	129	(1) a copy of a certificate from the chief apiary
130	130	inspector certifying that the apiary from which the bees were
131	131	[queen bee was] shipped has been inspected not more than 12 months
132	132	before the date of shipment and found apparently free from disease;
133	133	or
134	134	(2) a copy of an affidavit made by the beekeeper
135	135	stating that[:
136	136	[(A)] to the beekeeper's [his] knowledge, the
137	137	bees are not diseased[; and
138	138	[(B) the honey used in making the candy contained
139	139	in the queen cage has been diluted and boiled for at least 30
140	140	minutes in a closed vessel].
141	141	SECTION 10. Section 131.024(c), Agriculture Code, is
142	142	amended to read as follows:
143	143	(c) If the inspector sells bees, equipment, pollen, or honey
144	144	at a public auction under this section, the inspector shall return
145	145	the proceeds of the sale to the former owner, if known, after
146	146	deducting the costs of the sale.
147	147	SECTION 11. Section 131.025, Agriculture Code, is amended
148	148	to read as follows:
149	149	Sec. 131.025. REPORTABLE DISEASES AND PESTS [DUTY TO REPORT
150	150	DISEASED BEES]. (a) The chief apiary inspector shall maintain and
151	151	publish a list of reportable diseases and pests.
152	152	(b) If a beekeeper knows that a colony of bees has a
153	153	reportable disease or contains a reportable pest [is diseased], the
154	154	beekeeper shall immediately report to the chief apiary inspector
155	155	all facts known about the affected [diseased] bees.
156	156	SECTION 12. Section 131.041, Agriculture Code, is amended
157	157	to read as follows:
158	158	Sec. 131.041. PERMIT FOR INTERSTATE MOVEMENT
159	159	[IMPORTATION]. (a) A person may not ship or cause to be shipped
160	160	bees or equipment into or out of this state unless the person has a
161	161	permit issued by the chief apiary inspector authorizing the
162	162	shipment.
163	163	(b) A permit issued under this section applies to all
164	164	shipments made by the beekeeper and expires on August 31 following
165	165	the date the permit is issued. The term of a permit may not exceed
166	166	one year.
167	167	(c) A person may apply for a permit under this section by
168	168	filing an application with the inspector. A person may apply for a
169	169	permit at any time, but a person must apply for a permit before the
170	170	10th day preceding the date of a [the] shipment if the person does
171	171	not hold a permit on the 10th day preceding the date of the
172	172	shipment. An application for a permit must include all information
173	173	required by the chief apiary inspector.
174	174	(d) A shipment originating outside this state requires:
175	175	(1) [a complete description of the shipment;
176	176	[(2) the destination of the shipment;
177	177	[(3) the approximate date of the shipment;
178	178	[(4) the names and addresses of the consignor and
179	179	consignee; and
180	180	[(5)] a certificate of inspection signed by the
181	181	official apiary inspector or entomologist of the state, territory,
182	182	or country from which the bees are to be shipped before the shipment
183	183	may enter the state; or
184	184	(2) an inspection of the shipment by the chief apiary
185	185	inspector of Texas not more than 12 months before the date of the
186	186	shipment.
187	187	(e) [(c)] A certificate of inspection for a permit required
188	188	by Subsection (d)(1) [(b)(5) of this section] must certify that the
189	189	bees or equipment are apparently free from disease and reportable
190	190	pests based on an actual inspection conducted not more than 12
191	191	months before the date of the shipment. If the bees or equipment
192	192	are to be shipped into this state from a state, territory, or
193	193	country that does not have an official apiary inspector or
194	194	entomologist:
195	195	(1) [,] the person shipping the bees or equipment may
196	196	provide other suitable evidence that the bees and equipment are
197	197	free from disease and reportable pests; or
198	198	(2) the bees may be shipped into this state under
199	199	quarantine and the person receiving the shipment shall have the
200	200	bees inspected not later than the 30th day after the date the bees
201	201	enter this state.
202	202	(f) [(d)] If a person files an application in accordance
203	203	with Subsection (c) [(b) of this section] and the inspector is
204	204	satisfied that the shipment or shipments to which the permit
205	205	applies do [does] not pose a threat to disease and pest control in
206	206	the beekeeping industry, the inspector shall issue a permit
207	207	[authorizing the shipment].
208	208	(g) [(e)] This section does not apply to a shipment of
209	209	package [live] bees [in wire cages without combs or honey].
210	210	(h) The inspector shall charge a fee for each permit issued
211	211	under this section. The inspector shall set the fee at an amount
212	212	that is reasonable in relation to the costs of administering this
213	213	section.
214	214	SECTION 13. Section 131.044, Agriculture Code, is amended
215	215	to read as follows:
216	216	Sec. 131.044. CERTIFICATE OF INSPECTION. (a) A person who
217	217	wants a certificate of inspection for bees, equipment, pollen, or
218	218	honey must [file a written] request [for] the inspection from
219	219	[with] the chief apiary inspector.
220	220	(b) On receipt of a request, the inspector shall authorize
221	221	the inspection of the bees, equipment, pollen, or honey for the
222	222	presence of disease or pests.
223	223	(c) If a disease or reportable pest is not found in the bees,
224	224	equipment, pollen, or honey, the inspector shall certify in writing
225	225	that the bees, equipment, pollen, or honey is apparently free from
226	226	disease and reportable pests.
227	227	(d) The inspector shall charge fees for inspections
228	228	requested under this section. The inspector shall set the fees in
229	229	amounts that are reasonable in relation to the costs of
230	230	administering this section[, but at not less than the following
231	231	amounts:
232	232	[(1) for each inspection of an apiary or group of
233	233	apiaries, except a queen apiary, located within an area of 100
234	234	square miles$ 50
235	235	[(2) for an inspection of a queen apiary or group of
236	236	queen apiaries located within an area of 100 square miles$200
237	237	[(3) for each additional inspection of a queen apiary
238	238	or group of queen apiaries located within an area of 100 square
239	239	miles$ 50].
240	240	(e) The beekeeper of [diseased] bees or equipment that
241	241	contain a reportable disease or reportable pest shall pay an
242	242	additional fee, in a reasonable amount set by the inspector at not
243	243	less than [that] $25, for each subsequent inspection that the
244	244	inspector determines is necessary to contain, treat, or eradicate
245	245	the disease or pest.
246	246	SECTION 14. Section 131.045, Agriculture Code, is amended
247	247	to read as follows:
248	248	Sec. 131.045. BEEKEEPER [APIARY] REGISTRATION. (a) Each
249	249	beekeeper in this state may register on an annual basis with the
250	250	[The] chief apiary inspector [may provide for the periodic
251	251	registration of all apiaries in this state]. A registration under
252	252	this section expires August 31 following the date the registration
253	253	is issued.
254	254	(b) A registration must include:
255	255	(1) information required by the chief apiary
256	256	inspector [the beekeeper's name, address, and telephone number];
257	257	and
258	258	(2) the county or counties in which the beekeeper
259	259	operates [apiary will be located; and
260	260	[(3) the approximate dates that the apiary will be
261	261	located in each county].
262	262	(c) The inspector may require a beekeeper to submit with the
263	263	registration information a map showing the exact location of each
264	264	of the beekeeper's apiaries. A map submitted under this section is
265	265	a trade secret under Chapter 552, Government Code, and may not be
266	266	disclosed.
267	267	(d) The chief apiary inspector may charge a fee for each
268	268	registration issued under this section. The inspector shall set
269	269	the fee at an amount that is reasonable in relation to the costs of
270	270	administering this section.
271	271	SECTION 15. Section 131.046(a), Agriculture Code, is
272	272	amended to read as follows:
273	273	(a) Fees collected under this subchapter shall be deposited
274	274	in the State Treasury [to the credit of a special fund to be known as
275	275	the bee disease control fund to be used only to defray the costs of
276	276	administering and enforcing this chapter].
277	277	SECTION 16. The heading to Subchapter D, Chapter 131,
278	278	Agriculture Code, is amended to read as follows:
279	279	SUBCHAPTER D. BRANDING AND IDENTIFICATION OF HIVES [APIARY
280	280	EQUIPMENT]
281	281	SECTION 17. Section 131.061, Agriculture Code, is amended
282	282	to read as follows:
283	283	Sec. 131.061. IDENTIFICATION REQUIRED. (a) Except as
284	284	provided by Subsection (b), a [A] person may not operate an apiary
285	285	in this state unless the hives are [apiary equipment is]:
286	286	(1) clearly and permanently [indelibly] marked with
287	287	the name [and address] of the person as provided by Section 131.064;
288	288	[or]
289	289	(2) branded in accordance with Section 131.064 [of
290	290	this code] with a brand registered to the person by the chief apiary
291	291	inspector; or
292	292	(3) identified by a weatherproof sign posted within
293	293	the apiary containing the name and contact information or the brand
294	294	number of the person managing the apiary, printed in lettering at
295	295	least one inch high.
296	296	(b) An apiary at the principal residence of a beekeeper is
297	297	exempt from the requirements of Subsection (a).
298	298	SECTION 18. Section 131.062, Agriculture Code, is amended
299	299	to read as follows:
300	300	Sec. 131.062. BRAND; REGISTRATION. (a) The chief apiary
301	301	inspector shall maintain a system of registration of beekeeper
302	302	[apiary equipment] brands to identify equipment used by the [a]
303	303	beekeeper [in an apiary]. The inspector shall assign a brand number
304	304	to each beekeeper, if requested, when the beekeeper registers under
305	305	Section 131.045.
306	306	(b) Each brand shall consist of seven [three] numbers
307	307	separated by hyphens, with the first number signifying that the
308	308	brand is a state-registered brand, the next three numbers [second
309	309	number] identifying the registrant's county of residence, and the
310	310	last three numbers [third number] identifying the registrant.
311	311	SECTION 19. Section 131.064, Agriculture Code, is amended
312	312	to read as follows:
313	313	Sec. 131.064. MANNER OF AFFIXING NAME OR BRAND TO HIVES
314	314	[EQUIPMENT]. A name or brand must be affixed to a hive [registrant
315	315	shall affix the registered brand to his or her apiary equipment] by
316	316	burning, [or] pressing, painting, or otherwise permanently marking
317	317	the name or brand, in figures at least one-half [three-quarters] of
318	318	an inch high, into the wood or other material in a manner that shows
319	319	the identification of the hive [equipment]. The [registrant shall
320	320	affix the] name or brand must be affixed on one or both ends of the
321	321	hive. [On other equipment, including a frame, intercover, top,
322	322	bottom, or plank, the registrant may affix the brand in any place.]
323	323	SECTION 20. Section 131.101, Agriculture Code, is amended
324	324	to read as follows:
325	325	Sec. 131.101. ENFORCEMENT AUTHORITY. The chief apiary
326	326	inspector is the official responsible for enforcing Subchapters B,
327	327	C, and D [of this chapter]. The [Texas] Department of State Health
328	328	Services is the agency responsible for enforcing Subchapter E [of
329	329	this chapter].
330	330	SECTION 21. Section 131.102(b), Agriculture Code, is
331	331	amended to read as follows:
332	332	(b) The [Texas] Department of State Health Services may
333	333	enter at a reasonable hour any public or private premises,
334	334	including a building, depot, express office, storeroom, vehicle, or
335	335	warehouse, in which bees, equipment, pollen, or honey may be
336	336	located to determine whether a violation of Subchapter E [of this
337	337	chapter] has occurred or is occurring.
338	338	SECTION 22. The heading to Section 131.121, Agriculture
339	339	Code, is amended to read as follows:
340	340	Sec. 131.121. DISEASE AND PEST CONTROL.
341	341	SECTION 23. Section 131.121(a), Agriculture Code, is
342	342	amended to read as follows:
343	343	(a) A person commits an offense if the person:
344	344	(1) violates a provision of Section 131.022 or 131.023
345	345	[of this code];
346	346	(2) fails to report reportable diseases or reportable
347	347	pests [diseased bees] in accordance with Section 131.025 [of this
348	348	code];
349	349	(3) ships or causes bees or equipment to be shipped
350	350	into this state [or between counties in this state] without the
351	351	permit required by Section 131.041 [or 131.043 of this chapter];
352	352	(4) violates a rule, order, or quarantine of the chief
353	353	apiary inspector adopted under this chapter;
354	354	(5) prevents or attempts to prevent an inspection of
355	355	bees, equipment, pollen, or honey under the direction of the
356	356	inspector under this chapter;
357	357	(6) prevents or attempts to prevent the discovery or
358	358	treatment of bees with reportable diseases or reportable pests
359	359	[diseased bees];
360	360	(7) interferes with or attempts to interfere with the
361	361	inspector in the discharge of the duties under this chapter;
362	362	(8) as the owner or keeper of a [diseased] colony of
363	363	bees that has a reportable disease or contains a reportable pest,
364	364	barters, gives away, sells, ships, or moves the [diseased] bees,
365	365	equipment, pollen, or honey or exposes other bees to the reportable
366	366	disease or reportable pest; or
367	367	(9) exposes honey, pollen, hives, frames, combs, bees,
368	368	or appliances from a colony of bees known to have a reportable
369	369	disease or contain a reportable pest [be diseased] in a manner that
370	370	provides access to other bees[; or
371	371	[(10) sells, offers for sale, barters, gives away,
372	372	ships, or distributes honey or pollen taken from a colony of
373	373	diseased bees].
374	374	SECTION 24. The following provisions of the Agriculture
375	375	Code are repealed:
376	376	(1) Section 131.002(c);
377	377	(2) Section 131.042;
378	378	(3) Section 131.043;
379	379	(4) Section 131.063(b);
380	380	(5) Section 131.065(c); and
381	381	(6) Section 131.104(d).
382	382	SECTION 25. The changes in law made by this Act apply only
383	383	to an offense committed on or after the effective date of this Act.
384	384	An offense committed before the effective date of this Act is
385	385	governed by the law in effect on the date the offense was committed,
386	386	and the former law is continued in effect for that purpose. For
387	387	purposes of this section, an offense was committed before the
388	388	effective date of this Act if any element of the offense occurred
389	389	before that date.
390	390	SECTION 26. This Act takes effect September 1, 2023.
391	391	______________________________ ______________________________
392	392	President of the Senate Speaker of the House
393	393	I certify that H.B. No. 4538 was passed by the House on May 6,
394	394	2023, by the following vote: Yeas 120, Nays 14, 2 present, not
395	395	voting.
396	396	______________________________
397	397	Chief Clerk of the House
398	398	I certify that H.B. No. 4538 was passed by the Senate on May
399	399	24, 2023, by the following vote: Yeas 27, Nays 4.
400	400	______________________________
401	401	Secretary of the Senate
402	402	APPROVED: _____________________
403	403	Date
404	404	_____________________
405	405	Governor