Legislative Blog

J.B. Williams, J.D.

6 bills that modify the Agriculture Code

A Blog about 88th Legislature Laws

A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of 88th Legislature Laws

The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.

Blog Summary

HB 3323 - Food system security and resiliency planning.

HB 3361 - Slaughtering of livestock

HB 3419 - Fully repeals Section 149.004(4) of the Agriculture Code

HB 4538 - Regulation of beekeeping

SB 1322 - Purchase and sale of distilled spirits

SB 1424 - State Soil and Water Conservation Board and Texas Invasive Species Coordinating Committee

6 bills that modify the Agriculture Code

Published: 2024-09-05

HB 3323

Food system security and resiliency planning

The food system security and resiliency planning council is made of the following members:

1. 3 members appointed by the governor;
2. 3 members appointed by the lieutenant governor;
3. 3 members appointed by the speaker of the house;
4. 1 member of the Texas Animal Health Commission appointed by the governor;
5. 1 member appointed by the commissioner to represent food banks;
6. 1 member appointed by the commissioner to represent nonprofits that provide home delivered meals;
7. 2 members appointed by the commissioner to represent agricultural producer organizations, marketing associations, or farmers' cooperative societies;
8. the assistant commissioner of agriculture for the food and nutrition division (nonvoting member);
9. director of the Texas A&M AgriLife Extension Service (nonvoting member);
10. 1 appointed by the executive commissioner of Health and Human Services Commission to represent SNAP, federal special supplement nutrition program for women, infants, and children, and the supplemental nutrition assistance program-education (nonvoting member)

The governor shall designate the chair of the council from the members the governor appointed. They shall meet at least quarterly. A member is not entitled to compensation or reimbursement for expenses incurred in performing council duties. (I like that we are not creating another place to spend taxpayer dollars. However, this means that those appointed must be wealthier and, possibly, less connected to reality for food security of the general population.) They are to give guidance to the office and review the state food system security plan.

The state food system security plan must:

1. provide orderly development and management of food security by ensuring sufficient food is available at a reasonable cost to:
   1. ensure public health, safey, and welfare;
   2. further economic development;
   3. protect agricultural and natural resources of Texas;
2. account for severe drought conditions, natural disasters, man-made disasters and other calamities;
3. include legislative recommendations to facilitate resilience and availability of food in Texas

The Department of State Health Services and Parks and Wildlife Department should be consulted on the plan. They shall review and revise the plan at least every 5 years. It should be delivered to the governor, lieutenant governor, speaker of the house of representatives, and the chair of the appropriate committee.

They even established a planning fund consisting of funds appropriated; gifts, grants, and other donations; interest earned on the funds. The department must make a biannual report to the legislature of the funds use.

I can understand the need to ensure that food is being grown, as vegetables, grains, meats in the form of animals, but I'm not sure there needs to be large sums spent. Encouraging the continuation of farms/ranches and ensuring the ability to get items to market should help. But perhaps this will connect the areas working on roads and transport with the water utilities, etc. Creating one more layer of bureaucracy that could end up making things worse rather than better.

HB 3361

Slaughtering of livestock

The definition of slaughterer was modified to only includes slaughtering of livestock for profit. It previously included selling of livestock with special rules.

HB 3419

Fully repeals Section 149.004(4) of the Agriculture Code

HB 4538

Regulation of beekeeping

Lots of modifications of definitions. A notable one is an apiary now being where a colony of bees or nuclei of bees are kept. It no longer requires 6 or more colonies. A limitation on the chief apiary inspector not being an officers, employee or paid consultant of a trade association in beekeeping industry.

The powers and duties of chief apiary was modified to add pests to ht list of things to control, eradicate, or prevent. And the chief apiary can now establish quarantine for both the public welfare and protection of the beekeeping industry.

To the rules for selling a colony has been added. Such that now a queen bee and attendant bees, package bees, colonies, nuclei, or queent cells must be accompanied by a copy of a certificate from the chief apiary showing they have been inspected not more than 12 months prior to shipping or the beekeeper's certificate saying that to his best knowledge they are not diseased.

The chief apiary shall maintain and publish a list of reportable diseases and pests. Transport into or out of Texas must be accompanied by a permit to do so. Shipments into Texas now require inspection before entering the state or an inspection by the chief apiary not more than 12 months before they ship. A fee may be charged for inspection. Any bees with reportable disease or pest must pay an additional fee of not less than $25 for each subsequent inspection.

Each beekeeper must register annually. There may be a fee for this.

Each hive must be clearly and permanently marked with the name and person, branded with a brand registered to a person, or identified by a weatherproof sign posted within the apiary. If the apiary is a the principal resident of the beekeeper is exempt.

From an article entitled, 'Honeybee populations are hitting record numbers. Weren't they dying off before?' .... Honeybees were viewed as wild but are more domesticated. It seems that a major issue was the bees getting moved long distances, which meant losing 50% of the managed colonies. They moved them long distances to help pollinate almond trees and were losing bees. Thankfully bees breed very quickly. But we are continuing to work the bees very hard, stressing them by moving them long distances. However, since they are being used for things like pollinating almond trees for almonds, almond milk, etc., they will continue to exist as beekeepers regularly get more through breeding. Understand that they have about 1.6 million bees moved to California each year to pollinate almond trees.

SB 1322

Purchase and sale of vintage distilled spirits

A vintage distilled spirit is defined as:

1. in the original manufacturer's sealed container;
2. not owned by the holder of a distiller's and rectifier's permit;
3. not otherwise available for purchase from the holder of a wholesaler's permit;
4. has not been offered for sale by the holder of the wholesaler's permit for the preceding 5 years;
5. possessed by a person in Texas

To be considered a seller of vintage distilled spirits you must not hold a license or permit to sell; and you must be:

1. an administrator/executor/ receiver/ fiduciary who receives and sells vintage distilled spirits in that capacity;
2. a creditor who receives or takes possession of vintage distilled spirits as security or payment of debt;
3. public office or court official who levies on vintage distilled spirits under order of court to sell them; or
4. a person who does not hold or have an interest in a permit or license or in the business of selling alcoholic beverages

A holder of a package store permit or local distributor's permit may now purchase and sell vintage distilled spirits. A seller may sell no more than 24 containers of vintage distilled spirits during any 12 month period. The package store permit holder or local distributor's permit must keep a record of each purchase. The record must include the holder's name/address/ permit number and phone number. It must include the seller's name, address, and phone number. It also must include the brand name and quantity of each vintage purchased, the date it was purchased, and any previous purchases.

It is a defense if a permit holder purchased the vintage distilled spirits in good faith; reasonably believed the beverage was vintage distilled spirits; and sold it to an authorized purchaser in good faith.

There is not tax collected on liquor sold as vintage distilled spirits.

SB 1322

State Soil and Water Conservation Board and Texas Invasive Species Coordinating Committee

There will be a training manual for all board members. They will be provided with it and acknowledge receipt of it. The State Board must have a system to manage and handle complaints.

The State Board will also establish criteria for a grant program to repair and maintain dams for flood control purposes. Grants must have local matching funds and should consider dams that are classified as high-hazard by the Texas Commission on Environmental Quality. Based upon these, a guidance document should set out a 10 year dam repair, rehabilitation, and maintenance plan.

The State Soil and Water Conservation Board is extended to continue through 9/1/2035. It previously was set to expire 9/1/2023. Portions of items previously in one location have merely been shifted in the code. Perhaps it is meant to make things clearer, and provide more guidance to the committee.

 

J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.