PART 1. TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 1. GENERAL PROCEDURES
SUBCHAPTER E. ADVISORY COMMITTEES
The Texas Department of Agriculture (Department) adopts new Texas Administrative Code, Title 4, Part 1, §1.221, regarding the Texas Food System Security and Resiliency Planning Council without changes to the proposed text as published in the September 1, 2023 issue of the Texas Register (48 TexReg 4719). These rules will not be republished.
New §1.221 addresses the Texas Food System Security and Resiliency Planning Council and describes the Council's purposes, composition, and terms of office for members. In addition, it prescribes meeting requirements and procedures. The proposed rule also creates requirements for member conduct and training, addresses conflicts of interests, and provides for the duration of the Council.
The Department received no comments in response to the proposed new rule.
The new rule is adopted under Code, Section 23.006, which provides the Department shall adopt rules to administer Texas Agriculture Code, Chapter 23, including the Texas Food System Security and Resiliency Planning Council. Texas Agriculture Code, Chapter 23 is affected by the adopted rule.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 5, 2023.
TRD-202303711
Susan Maldonado
General Counsel
Texas Department of Agriculture
Effective date: October 25, 2023
Proposal publication date: September 1, 2023
For further information, please call: (512) 463-6591
CHAPTER 71. BEES
The Texas Apiary Inspection Service (TAIS) adopts amendments to 4 TAC §71.1 and §71.9. TAIS adopts the repeal of 4 TAC §71.23 due to the intrastate permit requirement being repealed by Texas Agriculture Code Chapter 131 updates. The TAIS adopts new 4 TAC §71.24 as it adds the new requirements for beekeeper registration. Sections 71.9, 71.23, and 71.24 are adopted without changes to the proposed text as published in the September 1, 2023, issue of the Texas Register (48 TexReg 4728). The rules and repeal will not be republished. Section 71.1 is adopted with changes to the proposed text to update alphabetization as published in the September 1, 2023, issue of the Texas Register (48 TexReg 4728). The rule will be republished.
TAIS adopts amendments to 4 TAC §71.1 and §71.9 as a new interstate permit will replace exportation and intrastate permits. The intrastate permit will be repealed by Texas Agriculture Code Chapter 131 updates. These changes are necessary to meet changes in Texas Agriculture Code Chapter 131 Bees and Honey. The repeal of §71.23 is adopted to reflect changes in Texas Agriculture Code Chapter 131.01-131.122. New §71.24 is adopted to reflect changes in Texas Agriculture Code Chapter 131.01-131.122.
No comments were received regarding these proposals.
SUBCHAPTER A. GENERAL PROVISIONS
Statutory Authority: These rules are adopted under authority of the Texas Agriculture Code Chapter 131.021, which authorizes the Chief Apiary Inspector to adopt rules with the goal of treating, eradicating, and suppressing infectious diseases of honeybees.
§71.1.Definitions.
The following words and terms, when used in this title, shall have the following meanings, unless the context clearly indicates otherwise:
(1) Act--Texas Bee Law, Texas Agricultural Code, Chapter 131, (1981), as amended.
(2) Apiary--A place where colonies of bees or nuclei of bees are kept.
(3) Bee--Any stage of the common honeybee, Apis mellifera species.
(4) Beekeeper-- a person who owns, leases, possesses, controls, or manages one or more colonies of bees for any personal or commercial purpose.
(5) Chief Apiary Inspector--The Chief Apiary Inspector, formerly known as State Entomologist, appointed by the director or his designee.
(6) Colony--A distinguishable localized population of bees in which one or more life stages may be present.
(7) Director--The director of Texas A&M AgriLife Research, formerly known as the Texas Agricultural Experiment Station.
(8) Disease--American foulbrood, European foulbrood, or any other contagious or infectious disease of bees, or parasite or pest that affects bees or brood.
(9) Equipment--Hives, supers, frames, veils, gloves, tools, machines, including bee removal vacuums, or other devices for the handling and manipulation of bees, honey, pollen, wax, or hives, including storage or transporting containers for pollen, honey, or wax, or other apiary supplies used in the operation of an apiary or honey house.
(10) Governing board--The Board of Regents of the Texas A&M University System.
(11) Hive--A box or other shelter containing a colony of bees.
(12) Honey--The nectar of plants that has been transferred by, and is the natural product of, bees and that is in the comb or has been taken from the comb and is packaged in a liquid, crystallized, or granular form.
(13) Nucleus--A small mass of bees and combs used in forming a new colony.
(14) Package bees--Live bees in cages without comb.
(15) Person--Any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character.
(16) Pollen--Dust-like grains formed in the anthers of flowering plants in which the male elements or sperm are produced.
(17) Queen apiary--An apiary in which queen bees are reared or kept for sale, barter, or exchange.
(18) Reportable Diseases--A disease that presents a significant threat to the population of honeybees and that has been designated by the Chief Apiary Inspector as a disease or pest that must be reported under §131.025. The Chief Apiary Inspector shall publish a list of reportable diseases.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 4, 2023.
TRD-202303687
Angela Thomas
Chief Apiary Inspector
Office of the Chief Apiary Inspector
Effective date: October 24, 2023
Proposal publication date: September 1, 2023
For further information, please call: (979) 845-9714
The repeal of 71.23 is adopted under the Texas Agriculture Code Chapter 131.021, which authorizes the Chief Apiary Inspector to adopt rules with the goal of treating, eradicating, and suppressing infectious diseases of honeybees.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 4, 2023.
TRD-202303688
Angela Thomas
Chief Apiary Inspector
Office of the Chief Apiary Inspector
Effective date: October 24, 2023
Proposal publication date: September 1, 2023
For further information, please call: (979) 845-9714
The new §71.24 is adopted under the Texas Agriculture Code Chapter 131.021, which authorizes the Chief Apiary Inspector to adopt rules with the goal of treating, eradicating, and suppressing infectious diseases of honeybees.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 4, 2023.
TRD-202303689
Angela Thomas
Chief Apiary Inspector
Office of the Chief Apiary Inspector
Effective date: October 24, 2023
Proposal publication date: September 1, 2023
For further information, please call: (979) 845-9714