Bill Text: TX SB677 | 2019-2020 | 86th Legislature | Engrossed

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Bill Title: Relating to the regulation of beekeeping; imposing fees and authorizing other fees; expanding the applicability of an occupational permit.

Sponsorship: Partisan Bill (Republican 1)

Status: (Engrossed - Dead) 2019-04-12 - Referred to Agriculture & Livestock [SB677 Detail]

Download: Texas-2019-SB677-Engrossed.html

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By: Hall S.B. No. 677

A BILL TO BE ENTITLED
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 (3), (5), and (6) and adding Subdivision
(12-a) to read as follows:
(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].
(12-a) "Package bees" means live bees in cages without
combs or honey used in forming a new colony.
SECTION 2. 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 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; 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 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 3. 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.
(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) Except as provided by Subsection (e), 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.
The chief apiary inspector may establish separate registration
categories for purposes of setting and collecting fees under this
section.
(e) The chief apiary inspector may not charge a fee for a
registration made solely for the purpose of Section 1951.056,
Occupations Code.
SECTION 4. 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 5. 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 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 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, barters, gives away, sells, ships, or moves diseased bees,
equipment, pollen, or honey or exposes other bees to the disease;
(9) exposes honey, pollen, hives, frames, combs, bees,
or appliances known to be diseased in a manner that provides access
to bees; or
(10) sells, offers for sale, barters, gives away,
ships, or distributes honey or pollen taken from a colony of
diseased bees.
SECTION 6. The following provisions of the Agriculture Code
are repealed:
(1) Section 131.042; and
(2) Section 131.043.
SECTION 7. 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 8. This Act takes effect September 1, 2019.