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 132.043 of the Texas Agriculture Code is
1-5 amended to read as follows:
1-6 (a) A person licensed under this chapter who first
1-7 establishes the grade, size, and classification of eggs offered for
1-8 sale or sold in this state shall collect a fee of three <five>
1-9 cents per case of 30 dozen eggs on the first sale of the eggs.
1-10 (b) A processor licensed under this chapter shall pay an
1-11 inspection fee of three <five> cents per case of 30 dozen eggs on
1-12 the processor's first use or change in form of the eggs processed.
1-13 (c) Licensees required by this section to collect or pay a
1-14 special fee shall remit the fee monthly in accordance with rules
1-15 established by the department.
1-16 SECTION 2. Section 132.044 of the Texas Agriculture Code is
1-17 amended to read as follows:
1-18 (a) A container in which eggs for human consumption are
1-19 offered for retail or wholesale must be legibly labeled with a
1-20 statement showing:
1-21 (1) the size and grade of the eggs in the container;
1-22 (2) the address, including the city and state, and the
1-23 license number of the person who graded and sized the eggs; and
2-1 (3) if the eggs were sized and graded at an address
2-2 other than that provided under Subdivision (2) of this subsection.
2-3 (A) the address at which the eggs were sized and
2-4 graded; or
2-5 (B) a department approved code.
2-6 <(b) The information required by Subsection (a)(1) of this
2-7 section must be printed on the container in at least one-fourth
2-8 inch bold-faced type. The information required by Subsection
2-9 (a)(2) and (a)(3) of this section must be printed in at least
2-10 12-point bold-faced type. The statement of the classification of
2-11 the eggs must be in accordance with the rules of the department.>
2-12 (b)(c) A container required to be labeled under Subsection
2-13 (a) of this section may not be deceptively labeled, advertised, or
2-14 invoiced.
2-15 (c)(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 (d)(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 of the Texas Agriculture Code is
2-24 hereby repealed.
2-25 SECTION 4. This Act takes effect September 1, 1993.
3-1 SECTION 5. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.