Should an Enforcement Agency Define What a Violation Is?

Imagine you are pulled over by a police officer for speeding and that police officer is allowed to decide what the speed limit is between the time he gets out of his car and issues you a citation.  Whether or not this was the intention of  Texas Beekeepers Association in their proposals to amend Chapter 131 of the Agriculture Code,  it’s analogous to a scenario allowed under House Bill 1293.

Section 25 of House Bill 1293 changes Section 131.121  of Chapter 131 to read, “A person commits an offense (Class C Misdemeanor) if the person fails to report reportable diseases, reportable pests, or unwanted species of bees,……. sells, offers for sale, barters, gives away, ships, or distributes honey or pollen taken from a colony of bees that has a reportable disease or a colony of bees that contains a reportable pest;”  Further language is changed under HB 1293 that allows the Chief Apiary Inspector, the person that enforces Chapter 131, sole discretion in determining what is a “reportable pest”.

Section 10 of House Bill 1293 changes Section 131.023 to read, “…. 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 a certificate of inspection that certifies that the bees are apparently free from disease and pests based on an actual inspection conducted not more than 12 months before the date of the sale.  Again in HB1293 language is changed under HB 1293 that allows the Chief Apiary Inspector sole discretion in determining what is a reportable pest.

This author prefers a system whereby there is a division between those that write regulations and those that enforce them.

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