Bill Text: TX HB4538 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the regulation of beekeeping; imposing fees and authorizing other fees; expanding the applicability of an occupational permit.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2023-06-13 - Effective on 9/1/23 [HB4538 Detail]
Download: Texas-2023-HB4538-Enrolled.html
H.B. No. 4538 |
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relating to the regulation of beekeeping; imposing fees and | ||
authorizing other fees; expanding the applicability of an | ||
occupational permit. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 131.001, Agriculture Code, is amended by | ||
amending Subdivisions (2), (3), (5), (6), and (8) and adding | ||
Subdivisions (8-a) and (12-a) to read as follows: | ||
(2) "Apiary" means a place where [ |
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colonies of bees or nuclei of bees are kept. | ||
(3) "Beekeeper" means a person who owns, leases, | ||
possesses, controls, or manages one or more colonies of bees for any | ||
[ |
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(5) "Colony" means a distinguishable localized | ||
population of bees in which one or more life stages may be present | ||
[ |
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(6) "Director" means the director of [ |
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AgriLife Research [ |
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(8) "Equipment" means hives, supers, frames, veils, | ||
gloves, tools, machines, vacuums, or other devices for the handling | ||
and manipulation of bees, honey, pollen, wax, or hives, | ||
including[ |
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for pollen, honey, or wax, or other apiary supplies used in the | ||
operation of an apiary or honey house. | ||
(8-a) "Hive" means a box or other shelter containing a | ||
colony of bees. | ||
(12-a) "Package bees" means live bees in cages without | ||
combs or honey used in forming a new colony. | ||
SECTION 2. Section 131.003, Agriculture Code, is amended to | ||
read as follows: | ||
Sec. 131.003. CONFLICTS OF INTEREST. (a) A person may not | ||
serve as chief apiary inspector or be an assistant of the chief | ||
apiary inspector if the person is an officer, employee, or paid | ||
consultant of a trade association in the beekeeping industry. | ||
(b) A person may not serve as chief apiary inspector or be an | ||
assistant of the chief apiary inspector of the grade 17 or over, | ||
including exempt employees, according to the position | ||
classification schedule under the General Appropriations Act, if | ||
the person cohabits with or is the spouse of an officer, managerial | ||
employee, or paid consultant of a trade association in the | ||
beekeeping industry. | ||
SECTION 3. Section 131.004(b), Agriculture Code, is amended | ||
to read as follows: | ||
(b) The chief apiary inspector shall provide to the chief | ||
apiary inspector's [ |
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necessary, information regarding their qualifications under this | ||
chapter and their responsibilities under applicable laws relating | ||
to standards of conduct for state officers or employees. | ||
SECTION 4. Sections 131.007(b) and (c), Agriculture Code, | ||
are amended to read as follows: | ||
(b) The inspector shall prepare information of public | ||
interest describing the functions of the agency and describing the | ||
procedure by which complaints are filed with and resolved by the | ||
agency [ |
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available to the general public and appropriate state agencies. | ||
(c) The inspector shall adopt rules establishing methods by | ||
which consumers and service recipients can be notified of the name, | ||
mailing address, and telephone number of the agency [ |
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The inspector may provide for the notification by including the | ||
information: | ||
(1) on each registration or application form submitted | ||
by a person regulated under this chapter; | ||
(2) on a sign which is prominently displayed in the | ||
place of business of each person regulated under this chapter; or | ||
(3) in a bill for services or goods provided by a | ||
person regulated under this chapter. | ||
SECTION 5. Section 131.008(b), Agriculture Code, is amended | ||
to read as follows: | ||
(b) If a written complaint is filed with the inspector | ||
regarding [ |
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this chapter or rules adopted [ |
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inspector shall notify the parties to the complaint, at least | ||
quarterly and until final disposition of the complaint, of the | ||
status of the complaint, unless notice would jeopardize an | ||
undercover investigation. | ||
SECTION 6. The heading to Subchapter B, Chapter 131, | ||
Agriculture Code, is amended to read as follows: | ||
SUBCHAPTER B. DISEASE AND PEST CONTROL | ||
SECTION 7. Section 131.021, Agriculture Code, is amended to | ||
read as follows: | ||
Sec. 131.021. POWERS AND DUTIES OF CHIEF APIARY INSPECTOR. | ||
(a) For the purpose of enforcing this chapter, the chief apiary | ||
inspector may: | ||
(1) adopt rules and act as necessary to control, | ||
eradicate, or prevent the introduction, spread, or dissemination of | ||
contagious or infectious diseases or pests of bees; | ||
(2) prohibit the shipment or entry into this state of | ||
bees, honey, combs, pollen, or other items capable of transmitting | ||
diseases or pests of bees from another state, territory, or foreign | ||
country except in accordance with rules adopted by the inspector; | ||
and | ||
(3) seize and order the destruction, treatment, or | ||
sale of a colony of bees, equipment, pollen, or honey that is | ||
determined to contain pests, be diseased, infectious, or abandoned, | ||
or be in violation of this chapter or a rule or quarantine adopted | ||
under this chapter. | ||
(b) For purposes of this section, apiaries, equipment, or | ||
bees are considered infectious if: | ||
(1) the bees are not hived with movable frames or are | ||
not stored so as to prevent the possible spread of disease or pests; | ||
or | ||
(2) the bees, equipment, or apiary generally comprise | ||
a hazard or threat to disease control in the beekeeping industry. | ||
SECTION 8. Section 131.022(a), Agriculture Code, is amended | ||
to read as follows: | ||
(a) If the chief apiary inspector determines that the public | ||
welfare or protection of the beekeeping industry requires the | ||
establishment of a quarantine, the inspector may: | ||
(1) declare a protective quarantine of a district, | ||
county, precinct, or other defined area in which a disease or pest | ||
of bees [ |
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exist or in which the disease or pest [ |
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eradicated in accordance with this subchapter; or | ||
(2) declare a restrictive quarantine of a district, | ||
county, precinct, or other defined area in which a disease or pest | ||
of bees [ |
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SECTION 9. Section 131.023, Agriculture Code, is amended to | ||
read as follows: | ||
Sec. 131.023. SALE OF QUEEN BEE AND ATTENDANTS, PACKAGE | ||
BEES, COLONIES, AND NUCLEI. A person may not sell or offer for sale | ||
a queen bee and attendant bees, package bees, colonies, nuclei, or | ||
queen cells in this state unless the bees are accompanied by: | ||
(1) a copy of a certificate from the chief apiary | ||
inspector certifying that the apiary from which the bees were | ||
[ |
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before the date of shipment and found apparently free from disease; | ||
or | ||
(2) a copy of an affidavit made by the beekeeper | ||
stating that[ |
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[ |
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bees are not diseased[ |
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[ |
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SECTION 10. Section 131.024(c), Agriculture Code, is | ||
amended to read as follows: | ||
(c) If the inspector sells bees, equipment, pollen, or honey | ||
at a public auction under this section, the inspector shall return | ||
the proceeds of the sale to the former owner, if known, after | ||
deducting the costs of the sale. | ||
SECTION 11. Section 131.025, Agriculture Code, is amended | ||
to read as follows: | ||
Sec. 131.025. REPORTABLE DISEASES AND PESTS [ |
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publish a list of reportable diseases and pests. | ||
(b) If a beekeeper knows that a colony of bees has a | ||
reportable disease or contains a reportable pest [ |
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beekeeper shall immediately report to the chief apiary inspector | ||
all facts known about the affected [ |
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SECTION 12. Section 131.041, Agriculture Code, is amended | ||
to read as follows: | ||
Sec. 131.041. PERMIT FOR INTERSTATE MOVEMENT | ||
[ |
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bees or equipment into or out of this state unless the person has a | ||
permit issued by the chief apiary inspector authorizing the | ||
shipment. | ||
(b) A permit issued under this section applies to all | ||
shipments made by the beekeeper and expires on August 31 following | ||
the date the permit is issued. The term of a permit may not exceed | ||
one year. | ||
(c) A person may apply for a permit under this section by | ||
filing an application with the inspector. A person may apply for a | ||
permit at any time, but a person must apply for a permit before the | ||
10th day preceding the date of a [ |
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not hold a permit on the 10th day preceding the date of the | ||
shipment. An application for a permit must include all information | ||
required by the chief apiary inspector. | ||
(d) A shipment originating outside this state requires: | ||
(1) [ |
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[ |
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[ |
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[ |
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[ |
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official apiary inspector or entomologist of the state, territory, | ||
or country from which the bees are to be shipped before the shipment | ||
may enter the state; or | ||
(2) an inspection of the shipment by the chief apiary | ||
inspector of Texas not more than 12 months before the date of the | ||
shipment. | ||
(e) [ |
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by Subsection (d)(1) [ |
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bees or equipment are apparently free from disease and reportable | ||
pests based on an actual inspection conducted not more than 12 | ||
months before the date of the shipment. If the bees or equipment | ||
are to be shipped into this state from a state, territory, or | ||
country that does not have an official apiary inspector or | ||
entomologist: | ||
(1) [ |
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provide other suitable evidence that the bees and equipment are | ||
free from disease and reportable pests; or | ||
(2) the bees may be shipped into this state under | ||
quarantine and the person receiving the shipment shall have the | ||
bees inspected not later than the 30th day after the date the bees | ||
enter this state. | ||
(f) [ |
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with Subsection (c) [ |
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satisfied that the shipment or shipments to which the permit | ||
applies do [ |
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the beekeeping industry, the inspector shall issue a permit | ||
[ |
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(g) [ |
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package [ |
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(h) The inspector shall charge a fee for each permit issued | ||
under this section. The inspector shall set the fee at an amount | ||
that is reasonable in relation to the costs of administering this | ||
section. | ||
SECTION 13. Section 131.044, Agriculture Code, is amended | ||
to read as follows: | ||
Sec. 131.044. CERTIFICATE OF INSPECTION. (a) A person who | ||
wants a certificate of inspection for bees, equipment, pollen, or | ||
honey must [ |
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[ |
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(b) On receipt of a request, the inspector shall authorize | ||
the inspection of the bees, equipment, pollen, or honey for the | ||
presence of disease or pests. | ||
(c) If a disease or reportable pest is not found in the bees, | ||
equipment, pollen, or honey, the inspector shall certify in writing | ||
that the bees, equipment, pollen, or honey is apparently free from | ||
disease and reportable pests. | ||
(d) The inspector shall charge fees for inspections | ||
requested under this section. The inspector shall set the fees in | ||
amounts that are reasonable in relation to the costs of | ||
administering this section[ |
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[ |
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[ |
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[ |
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(e) The beekeeper of [ |
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contain a reportable disease or reportable pest shall pay an | ||
additional fee, in a reasonable amount set by the inspector at not | ||
less than [ |
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inspector determines is necessary to contain, treat, or eradicate | ||
the disease or pest. | ||
SECTION 14. Section 131.045, Agriculture Code, is amended | ||
to read as follows: | ||
Sec. 131.045. BEEKEEPER [ |
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beekeeper in this state may register on an annual basis with the | ||
[ |
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this section expires August 31 following the date the registration | ||
is issued. | ||
(b) A registration must include: | ||
(1) information required by the chief apiary | ||
inspector [ |
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and | ||
(2) the county or counties in which the beekeeper | ||
operates [ |
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[ |
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(c) The inspector may require a beekeeper to submit with the | ||
registration information a map showing the exact location of each | ||
of the beekeeper's apiaries. A map submitted under this section is | ||
a trade secret under Chapter 552, Government Code, and may not be | ||
disclosed. | ||
(d) The chief apiary inspector may charge a fee for each | ||
registration issued under this section. The inspector shall set | ||
the fee at an amount that is reasonable in relation to the costs of | ||
administering this section. | ||
SECTION 15. Section 131.046(a), Agriculture Code, is | ||
amended to read as follows: | ||
(a) Fees collected under this subchapter shall be deposited | ||
in the State Treasury [ |
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SECTION 16. The heading to Subchapter D, Chapter 131, | ||
Agriculture Code, is amended to read as follows: | ||
SUBCHAPTER D. BRANDING AND IDENTIFICATION OF HIVES [ |
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SECTION 17. Section 131.061, Agriculture Code, is amended | ||
to read as follows: | ||
Sec. 131.061. IDENTIFICATION REQUIRED. (a) Except as | ||
provided by Subsection (b), a [ |
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in this state unless the hives are [ |
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(1) clearly and permanently [ |
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the name [ |
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[ |
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(2) branded in accordance with Section 131.064 [ |
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inspector; or | ||
(3) identified by a weatherproof sign posted within | ||
the apiary containing the name and contact information or the brand | ||
number of the person managing the apiary, printed in lettering at | ||
least one inch high. | ||
(b) An apiary at the principal residence of a beekeeper is | ||
exempt from the requirements of Subsection (a). | ||
SECTION 18. Section 131.062, Agriculture Code, is amended | ||
to read as follows: | ||
Sec. 131.062. BRAND; REGISTRATION. (a) The chief apiary | ||
inspector shall maintain a system of registration of beekeeper | ||
[ |
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beekeeper [ |
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to each beekeeper, if requested, when the beekeeper registers under | ||
Section 131.045. | ||
(b) Each brand shall consist of seven [ |
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separated by hyphens, with the first number signifying that the | ||
brand is a state-registered brand, the next three numbers [ |
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last three numbers [ |
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SECTION 19. Section 131.064, Agriculture Code, is amended | ||
to read as follows: | ||
Sec. 131.064. MANNER OF AFFIXING NAME OR BRAND TO HIVES | ||
[ |
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burning, [ |
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the name or brand, in figures at least one-half [ |
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an inch high, into the wood or other material in a manner that shows | ||
the identification of the hive [ |
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hive. [ |
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SECTION 20. Section 131.101, Agriculture Code, is amended | ||
to read as follows: | ||
Sec. 131.101. ENFORCEMENT AUTHORITY. The chief apiary | ||
inspector is the official responsible for enforcing Subchapters B, | ||
C, and D [ |
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Services is the agency responsible for enforcing Subchapter E [ |
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SECTION 21. Section 131.102(b), Agriculture Code, is | ||
amended to read as follows: | ||
(b) The [ |
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enter at a reasonable hour any public or private premises, | ||
including a building, depot, express office, storeroom, vehicle, or | ||
warehouse, in which bees, equipment, pollen, or honey may be | ||
located to determine whether a violation of Subchapter E [ |
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SECTION 22. The heading to Section 131.121, Agriculture | ||
Code, is amended to read as follows: | ||
Sec. 131.121. DISEASE AND PEST CONTROL. | ||
SECTION 23. Section 131.121(a), Agriculture Code, is | ||
amended to read as follows: | ||
(a) A person commits an offense if the person: | ||
(1) violates a provision of Section 131.022 or 131.023 | ||
[ |
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(2) fails to report reportable diseases or reportable | ||
pests [ |
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(3) ships or causes bees or equipment to be shipped | ||
into this state [ |
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permit required by Section 131.041 [ |
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(4) violates a rule, order, or quarantine of the chief | ||
apiary inspector adopted under this chapter; | ||
(5) prevents or attempts to prevent an inspection of | ||
bees, equipment, pollen, or honey under the direction of the | ||
inspector under this chapter; | ||
(6) prevents or attempts to prevent the discovery or | ||
treatment of bees with reportable diseases or reportable pests | ||
[ |
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(7) interferes with or attempts to interfere with the | ||
inspector in the discharge of the duties under this chapter; | ||
(8) as the owner or keeper of a [ |
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bees that has a reportable disease or contains a reportable pest, | ||
barters, gives away, sells, ships, or moves the [ |
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equipment, pollen, or honey or exposes other bees to the reportable | ||
disease or reportable pest; or | ||
(9) exposes honey, pollen, hives, frames, combs, bees, | ||
or appliances from a colony of bees known to have a reportable | ||
disease or contain a reportable pest [ |
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provides access to other bees[ |
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[ |
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SECTION 24. The following provisions of the Agriculture | ||
Code are repealed: | ||
(1) Section 131.002(c); | ||
(2) Section 131.042; | ||
(3) Section 131.043; | ||
(4) Section 131.063(b); | ||
(5) Section 131.065(c); and | ||
(6) Section 131.104(d). | ||
SECTION 25. The changes in law made by this Act apply only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 26. This Act takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4538 was passed by the House on May 6, | ||
2023, by the following vote: Yeas 120, Nays 14, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4538 was passed by the Senate on May | ||
24, 2023, by the following vote: Yeas 27, Nays 4. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |