Effective January 1, 2012, the Texas Legislature added another agricultural use for purposes of open space land appraisal. Tax Code Section 23.51 (2) was amended to include the definition of agricultural use “the use of land to raise or keep bees for pollination or for the production of human food or other tangible products having a commercial value, provided that the land used is not less than 5 or more than 20 acres.” This Provision permits the owner to raise or keep bees for two purposes (1) pollination or (2) the production of human food or products that have commercial value. The minimum degree of intensity was established using Section 131.001 of the Texas Agricultural Code’s definition of an apiary as a place where six or more colonies of bees or nuclei of bees are kept. A colony is the hive and its equipment and appurtenances including bees, comb, honey, pollen and brood. When a property owner initially seeks qualification for agricultural use appraisal for beekeeping, they must show proof of history of agricultural use on the land for five (5) of the preceding seven (7) years. Acreage with a Homestead Exemption will not be considered for agricultural history of use or for agricultural valuation; this also means that if you have a 5-acre parcel with a homestead you will not meet the minimum of 5 acres used for a beekeeping operation. You must have a minimum of 5 acres plus additional acreage to account for your homestead improvement to qualify for this agricultural valuation.