Title AG, Agriculture Code

Sec. 128.037. FORECLOSURE IN ACTION TO RECOVER REASONABLE OR AGREED CHARGES. The lien claimant may foreclose on a lien under this chapter only in an action to recover the reasonable or agreed charges. Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.

Sec. 128.038. TERMINATION STATEMENT. (a) If a lien claimant receives payment for the total amount secured by a lien under this chapter and the lien claimant has not furnished an agricultural chemical, agricultural seed, or labor during the 45-day period before the date on which p…

Sec. 128.039. RIGHT OF ASSIGNMENT OR TRANSFER; FILING OF STATEMENT. (a) A lien created under this chapter may be assigned by the holder of the lien, with full rights of enforcement. (b) The lienholder shall file a statement of assignment with the secretary of state as provided by…

Sec. 128.046. RULES. The secretary of state may adopt rules necessary to carry out the secretary's duties under this chapter, including prescribing necessary forms. Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.

Sec. 128.047. MAXIMUM NUMBER OF LIENS. Not more than four liens may be enforced under this chapter against the same proceeds of a lien debtor even if the liens are filed by different lien claimants. Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.

Sec. 128.048. APPLICABILITY OF OTHER LAW. Chapter 9, Business & Commerce Code, applies to a lien created under this chapter to the extent Chapter 9 is consistent with this chapter. Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.

Sec. 131.001. DEFINITIONS. In this chapter: (1) "Abandoned apiary, equipment, or bees" means an apiary, equipment, or a colony of bees that is not regularly maintained or attended in accordance with this chapter or rules or quarantines adopted under this chapter. (2) "Apiary" mea…

Sec. 131.002. CHIEF APIARY INSPECTOR. (a) The director shall appoint a person qualified by scientific training or personal experience as chief apiary inspector to make inspections and administer this chapter under the direction and control of the director. (b) Repealed by Acts 19…

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 ch…

Sec. 131.004. ASSISTANTS. (a) The chief apiary inspector may employ assistants and inspectors as necessary, subject to the approval of the director and governing board of the experiment station. (b) The chief apiary inspector shall provide to the chief apiary inspector's assistan…

Sec. 131.005. ANNUAL REPORTS. (a) The chief apiary inspector shall make an annual report to the director giving a detailed account of inspection activities, receipt and use of funds, and compliance actions brought under this chapter. (b) Repealed by Acts 2011, 82nd Leg., R.S., Ch…

Sec. 131.006. AUDIT. The financial transactions of the chief apiary inspector are subject to audit by the state auditor in accordance with Chapter 321, Government Code. Added by Acts 1985, 69th Leg., ch. 418, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 584, S…

Sec. 131.007. PUBLISHING INFORMATION. (a) The chief apiary inspector shall publish information on methods and directions for treating, eradicating, or suppressing infectious diseases of honeybees, the rules adopted for those purposes, and other information that the inspector cons…

Sec. 131.008. COMPLAINTS. (a) The chief apiary inspector shall keep an information file about each complaint filed with the inspector relating to a beekeeper regulated under this chapter. (b) If a written complaint is filed with the inspector regarding a beekeeper who is not in c…

Sec. 131.009. PUBLIC TESTIMONY. The chief apiary inspector shall develop and implement policies that will provide the public with a reasonable opportunity to appear before the inspector and to speak on any issue under the jurisdiction of the inspector. Added by Acts 1985, 69th Le…

Sec. 131.010. FEES. The chief apiary inspector shall make a reasonable effort to set the fees charged under this chapter at amounts that will produce enough revenue to approximate 50 percent of the inspector's total budget. In achieving this goal, the inspector shall balance the …

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 …

Sec. 131.022. QUARANTINES. (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 de…

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…

Sec. 131.024. SEIZURE OF BEES, EQUIPMENT, POLLEN, OR HONEY. (a) Bees, equipment, pollen, or honey seized by the chief apiary inspector under Section 131.021 of this code shall be treated, destroyed, or sold at public auction. (b) At least five days before an item seized under Sec…

Sec. 131.025. REPORTABLE DISEASES AND PESTS. (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, the beekeeper shall immediately r…

Sec. 131.041. PERMIT FOR INTERSTATE MOVEMENT. (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 …

Sec. 131.044. CERTIFICATE OF INSPECTION. (a) A person who wants a certificate of inspection for bees, equipment, pollen, or honey must request the inspection from the chief apiary inspector. (b) On receipt of a request, the inspector shall authorize the inspection of the bees, eq…

Sec. 131.045. BEEKEEPER REGISTRATION. (a) Each beekeeper in this state may register on an annual basis with the chief apiary inspector. A registration under this section expires August 31 following the date the registration is issued. (b) A registration must include: (1) informat…

Sec. 131.046. DISPOSITION AND USE OF FEES. (a) Fees collected under this subchapter shall be deposited in the State Treasury. (b) The chief apiary inspector may sue to collect a delinquent fee under this subchapter. Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff. …

Sec. 131.061. IDENTIFICATION REQUIRED. (a) Except as provided by Subsection (b), a person may not operate an apiary in this state unless the hives are: (1) clearly and permanently marked with the name of the person as provided by Section 131.064; (2) branded in accordance with Se…

Sec. 131.062. BRAND; REGISTRATION. (a) The chief apiary inspector shall maintain a system of registration of beekeeper brands to identify equipment used by the beekeeper. The inspector shall assign a brand number to each beekeeper, if requested, when the beekeeper registers under…

Sec. 131.063. REGISTRATION OF BRAND; FEE. (a) The chief apiary inspector shall register a brand for each person who applies for a brand and pays a recording fee. The inspector shall set the fee at an amount that is reasonable in relation to the costs of administering this section…

Sec. 131.064. MANNER OF AFFIXING NAME OR BRAND TO HIVES. A name or brand must be affixed to a hive by burning, pressing, painting, or otherwise permanently marking the name or brand, in figures at least one-half of an inch high, into the wood or other material in a manner that sh…

Sec. 131.065. TRANSFER OF BRAND. (a) A brand may be transferred only if: (1) the chief apiary inspector approves the transfer; and (2) the transferor is selling all of the transferor's bees and equipment to the person to whom the brand is to be transferred. (b) If a brand is to b…

Sec. 131.081. USE OF "HONEY" ON LABEL. A person may not label, sell, or keep, offer, or expose for sale a product identified on its label as "honey," "liquid or extracted honey," "strained honey," or "pure honey" unless the product consists exclusively of pure honey. Amended by A…

Sec. 131.082. USE OF BEE, HIVE, OR COMB DESIGN. A person may not label, sell, or keep, expose, or offer for sale a product that resembles honey and that has on its label a picture or drawing of a bee, hive, or comb unless the product consists exclusively of pure honey. Amended by…

Sec. 131.083. SALE OF IMITATION HONEY. A person may not label, sell, or keep, expose, or offer for sale a product that resembles honey and is identified on its label as "imitation honey." Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff. Sept. 1, 1983.

Sec. 131.084. SALE OF HONEY MIXTURES. (a) A person may not label, sell, or keep, expose, or offer for sale a product that consists of honey mixed with another ingredient unless: (1) the product bears a label with a list of ingredients; and (2) "honey" appears in the list of ingre…

Sec. 131.101. ENFORCEMENT AUTHORITY. The chief apiary inspector is the official responsible for enforcing Subchapters B, C, and D. The Department of State Health Services is the agency responsible for enforcing Subchapter E. Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec.…

Sec. 131.102. ENTRY POWER. (a) The chief apiary inspector 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…

Sec. 131.103. STOP-SALE ORDER. If the official or agency responsible for enforcing a provision of this chapter or a rule or quarantine adopted under this chapter has reason to believe a colony of bees, equipment, pollen, or honey is in violation of the provision, the official or …

Sec. 131.104. CIVIL ACTIONS. (a) The official or agency responsible for enforcing a provision of this chapter or a rule or quarantine adopted under this chapter may sue to enjoin a violation or threatened violation of the provision and may maintain other civil actions necessary t…

Sec. 131.105. VENUE FOR CIVIL AND CRIMINAL ACTIONS. Venue for a civil or criminal prosecution under this chapter is in the county where the affected group of bees, equipment, pollen, or honey is located at the time the violation is discovered by or made known to the official or a…

Sec. 131.121. DISEASE AND PEST CONTROL. (a) A person commits an offense if the person: (1) violates a provision of Section 131.022 or 131.023; (2) fails to report reportable diseases or reportable pests in accordance with Section 131.025; (3) ships or causes bees or equipment to …

Sec. 131.122. APIARY EQUIPMENT BRANDS. (a) A person commits an offense if the person: (1) violates Section 131.061 of this code; or (2) alters or attempts to alter a registered apiary equipment brand without authorization from the chief apiary inspector. (b) An offense under this…

Sec. 131.123. LABELING OR SALE OF HONEY. (a) A person commits an offense if the person violates a provision of Subchapter E of this chapter. (b) An offense under this section is a Class B misdemeanor. Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, Sec. 1, eff. Sept. 1, 1983.

Sec. 132.001. DEFINITIONS. In this chapter: (1) "Egg" means a chicken egg. (2) "Person" means an individual, firm, corporation, cooperative, or any other type of business entity. (3) "Shipped egg" means an egg produced outside this state and shipped into the state for purposes of…

Sec. 132.002. LIMITATION OF CHAPTER. This chapter does not apply to a person selling only eggs that are produced by the person's own flock and for which the person does not claim a grade. Acts 1981, 67th Leg., p. 1314, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 132.003. POWERS AND DUTIES OF DEPARTMENT. (a) The department shall administer this chapter and adopt and enforce necessary rules. (b) The department may: (1) prescribe record forms and require the reporting of information as necessary in the administration of this chapter; a…

Sec. 132.004. ADOPTION OF STANDARDS. Standards for the inspection and regulation of shell eggs, including quality, grade, and size of shell eggs, shall: (1) be at least equal to those adopted by the United States Department of Agriculture and the federal Food and Drug Administrat…