By Kubiak                                             H.B. No. 1638
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the Texas egg law.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 132.006, Agriculture Code, is amended by
    1-5  adding Subsection (e) to read as follows:
    1-6        (e)  The department shall perform sufficient inspections of
    1-7  the records of out-of-state licensees to ensure that out-of-state
    1-8  licensees selling eggs in Texas pay inspection fees equal to the
    1-9  percentage of out-of-state eggs sold in Texas.  The department may
   1-10  contract with the comptroller of public accounts to perform such
   1-11  inspections.
   1-12        SECTION 2.  Section 132.044, Agriculture Code, is amended as
   1-13  follows:
   1-14        Sec. 132.044.  LABELING REQUIREMENTS FOR EGG CONTAINERS.  (a)
   1-15  A container in which eggs for human consumption are offered for
   1-16  retail or wholesale must be legibly labeled with a statement
   1-17  showing:
   1-18              (1)  the size and grade of the eggs in the container;
   1-19              (2)  the address, including the city and state, and the
   1-20  license number of the person who graded and sized the eggs; and
   1-21              (3)  if the eggs were sized and graded at an address
   1-22  other than that provided under Subdivision (2) of this
   1-23  subsection:<.>
    2-1                    (A)  the address at which the eggs were sized and
    2-2  graded; or
    2-3                    (B)  a department approved code.
    2-4        (b)  Statements on the egg container must be in accordance
    2-5  with the rules of the department.  <The information required by
    2-6  Subsection (a)(1) of this section must be printed on the container
    2-7  in at least one-fourth inch bold-faced type.  The information
    2-8  required by Subsections (a)(2) and (a)(3) of this section must be
    2-9  printed in at least 12-point bold-faced type.  The statement of the
   2-10  classification of the eggs must be in accordance with the rules of
   2-11  the department.>
   2-12        (c)  A container required to be labeled under Subsection (a)
   2-13  of this section may not be deceptively labeled, advertised, or
   2-14  invoiced.
   2-15        (d)  If the department determines that an emergency exists
   2-16  that prevents or hinders labeling as provided by this section, the
   2-17  department may allow eggs to be labeled in another manner that
   2-18  includes the address and license number of a licensee and the size
   2-19  and grade of the eggs.
   2-20        (e)  The department may provide for the repacking,
   2-21  downgrading, or both repacking and downgrading of eggs by a
   2-22  retailer.
   2-23        SECTION 3.  Section 132.029, Agriculture Code, is repealed.
   2-24        SECTION 4.  This Act takes effect September 1, 1993.
   2-25        SECTION 5.  The importance of this legislation and the
    3-1  crowded condition of the calendars in both houses create an
    3-2  emergency and an imperative public necessity that the
    3-3  constitutional rule requiring bills to be read on three several
    3-4  days in each house be suspended, and this rule is hereby suspended.