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.