86R13941 BEF-F
 
  By: Guillen H.B. No. 2670
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of beekeeping; authorizing fees.
         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)  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.
         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.