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
 
 
 
 
AN ACT
  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 [six or more]
  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
  [pollination or the production of honey, beeswax, or other
  by-products, either for] personal or commercial purpose [use].
               (5)  "Colony" means a distinguishable localized
  population of bees in which one or more life stages may be present 
  [the hive and its equipment and appurtenances including bees, comb,
  honey, pollen, and brood].
               (6)  "Director" means the director of [the] Texas A&M
  AgriLife Research [Agricultural Experiment Station].
               (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[,] storage or transportation [transporting] containers
  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 [his] assistants and inspectors, as often as is
  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 [inspector]. The inspector shall make the information
  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 [inspector's
  office] for the purpose of directing complaints to the inspector.
  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 [relating to] a beekeeper who is not in compliance with
  this chapter or rules adopted [regulated] under this chapter, the
  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 [or a deleterious exotic species of bees] is not known to
  exist or in which the disease or pest [exotic species] is being
  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 [or a deleterious exotic species of bees] is located.
         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
  [queen bee was] shipped has been inspected not more than 12 months
  before the date of shipment and found apparently free from disease;
  or
               (2)  a copy of an affidavit made by the beekeeper
  stating that[:
                     [(A)]  to the beekeeper's [his] knowledge, the
  bees are not diseased[; and
                     [(B)  the honey used in making the candy contained
  in the queen cage has been diluted and boiled for at least 30
  minutes in a closed vessel].
         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 [DUTY TO REPORT
  DISEASED BEES]. (a) The chief apiary inspector shall maintain and
  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 [is diseased], the
  beekeeper shall immediately report to the chief apiary inspector
  all facts known about the affected [diseased] bees.
         SECTION 12.  Section 131.041, Agriculture Code, is amended
  to read as follows:
         Sec. 131.041.  PERMIT FOR INTERSTATE MOVEMENT
  [IMPORTATION].  (a)  A person may not ship or cause to be shipped
  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 [the] shipment if the person does
  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)  [a complete description of the shipment;
               [(2)  the destination of the shipment;
               [(3)  the approximate date of the shipment;
               [(4)  the names and addresses of the consignor and
  consignee; and
               [(5)]  a certificate of inspection signed by the
  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) [(c)]  A certificate of inspection for a permit required
  by Subsection (d)(1) [(b)(5) of this section] must certify that the
  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)  [,] the person shipping the bees or equipment may
  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) [(d)]  If a person files an application in accordance
  with Subsection (c) [(b) of this section] and the inspector is
  satisfied that the shipment or shipments to which the permit
  applies do [does] not pose a threat to disease and pest control in
  the beekeeping industry, the inspector shall issue a permit
  [authorizing the shipment].
         (g) [(e)]  This section does not apply to a shipment of
  package [live] bees [in wire cages without combs or honey].
         (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 [file a written] request [for] the inspection from
  [with] the chief apiary inspector.
         (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[, but at not less than the following
  amounts:
               [(1)  for each inspection of an apiary or group of
  apiaries, except a queen apiary, located within an area of 100
  square miles$ 50
               [(2)  for an inspection of a queen apiary or group of
  queen apiaries located within an area of 100 square miles$200
               [(3)  for each additional inspection of a queen apiary
  or group of queen apiaries located within an area of 100 square
  miles$ 50].
         (e)  The beekeeper of [diseased] bees or equipment that
  contain a reportable disease or reportable pest shall pay an
  additional fee, in a reasonable amount set by the inspector at not
  less than [that] $25, for each subsequent inspection that the
  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 [APIARY] REGISTRATION. (a) Each
  beekeeper in this state may register on an annual basis with the
  [The] chief apiary inspector [may provide for the periodic
  registration of all apiaries in this state]. A registration under
  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 [the beekeeper's name, address, and telephone number];
  and
               (2)  the county or counties in which the beekeeper
  operates [apiary will be located; and
               [(3)  the approximate dates that the apiary will be
  located in each county].
         (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 [to the credit of a special fund to be known as
  the bee disease control fund to be used only to defray the costs of
  administering and enforcing this chapter].
         SECTION 16.  The heading to Subchapter D, Chapter 131,
  Agriculture Code, is amended to read as follows:
  SUBCHAPTER D.  BRANDING AND IDENTIFICATION OF HIVES [APIARY
  EQUIPMENT]
         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 [A] person may not operate an apiary
  in this state unless the hives are [apiary equipment is]:
               (1)  clearly and permanently [indelibly] marked with
  the name [and address] of the person as provided by Section 131.064;
  [or]
               (2)  branded in accordance with Section 131.064 [of
  this code] with a brand registered to the person by the chief apiary
  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
  [apiary equipment] brands to identify equipment used by the [a]
  beekeeper [in an apiary]. The inspector shall assign a brand number
  to each beekeeper, if requested, when the beekeeper registers under
  Section 131.045.
         (b)  Each brand shall consist of seven [three] numbers
  separated by hyphens, with the first number signifying that the
  brand is a state-registered brand, the next three numbers [second
  number] identifying the registrant's county of residence, and the
  last three numbers [third number] identifying the registrant.
         SECTION 19.  Section 131.064, Agriculture Code, is amended
  to read as follows:
         Sec. 131.064.  MANNER OF AFFIXING NAME OR BRAND TO HIVES 
  [EQUIPMENT]. A name or brand must be affixed to a hive [registrant
  shall affix the registered brand to his or her apiary equipment] by
  burning, [or] pressing, painting, or otherwise permanently marking
  the name or brand, in figures at least one-half [three-quarters] of
  an inch high, into the wood or other material in a manner that shows
  the identification of the hive [equipment]. The [registrant shall
  affix the] name or brand must be affixed on one or both ends of the
  hive. [On other equipment, including a frame, intercover, top,
  bottom, or plank, the registrant may affix the brand in any place.]
         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 [of this chapter]. The [Texas] Department of State Health
  Services is the agency responsible for enforcing Subchapter E [of
  this chapter].
         SECTION 21.  Section 131.102(b), Agriculture Code, is
  amended to read as follows:
         (b)  The [Texas] Department of State Health Services may
  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 [of this
  chapter] has occurred or is occurring.
         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
  [of this code];
               (2)  fails to report reportable diseases or reportable
  pests [diseased bees] in accordance with Section 131.025 [of this
  code];
               (3)  ships or causes bees or equipment to be shipped
  into this state [or between counties in this state] without the
  permit required by Section 131.041 [or 131.043 of this chapter];
               (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 
  [diseased bees];
               (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 [diseased] colony of
  bees that has a reportable disease or contains a reportable pest,
  barters, gives away, sells, ships, or moves the [diseased] bees,
  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 [be diseased] in a manner that
  provides access to other bees[; or
               [(10)  sells, offers for sale, barters, gives away,
  ships, or distributes honey or pollen taken from a colony of
  diseased bees].
         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       
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