By Kubiak H.B. No. 1638
Substitute the following for H.B. No. 1638:
By Cuellar of Hidalgo C.S.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 insure 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 (a) A container in which eggs for human consumption are
1-15 offered for retail or wholesale must be legibly labeled with a
1-16 statement showing:
1-17 (1) the size and grade of the eggs in the container;
1-18 (2) the address, including the city and state, and the
1-19 license number of the person who graded and sized the eggs; and
1-20 (3) if the eggs were sized and graded at an address
1-21 other than that provided under Subdivision (2) of this
1-22 subsection<.>:
1-23 (A) the address at which the eggs were sized and
2-1 graded; or
2-2 (B) a department approved code.
2-3 (b) Statements on the egg container must be in accordance
2-4 with the rules of the department. <The information required by
2-5 Subsection (a)(1) of this section must be printed on the container
2-6 in at least one-fourth inch bold-faced type. The information
2-7 required by Subsections (a)(2) and (a)(3) of this section must be
2-8 printed in at least 12-point bold-faced type. The statement of the
2-9 classification of the eggs must be in accordance with the rules of
2-10 the department.>
2-11 (c) A container required to be labeled under Subsection (a)
2-12 of this section may not be deceptively labeled, advertised, or
2-13 invoiced.
2-14 (d) If the department determines that an emergency exists
2-15 that prevents or hinders labeling as provided by this section, the
2-16 department may allow eggs to be labeled in another manner that
2-17 includes the address and license number of a licensee and the size
2-18 and grade of the eggs.
2-19 (e) The department may provide for the repacking,
2-20 downgrading, or both repacking and downgrading of eggs by a
2-21 retailer.
2-22 SECTION 3. Section 132.029, Agriculture Code, is repealed.
2-23 SECTION 4. This Act takes effect September 1, 1993.
2-24 SECTION 5. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended.