1-1 By: Kubiak (Senate Sponsor - Armbrister) H.B. No. 1638
1-2 (In the Senate - Received from the House April 26, 1993;
1-3 April 27, 1993, read first time and referred to Committee on
1-4 Natural Resources; May 7, 1993, reported favorably by the following
1-5 vote: Yeas 9, Nays 0; May 7, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the Texas egg law.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Section 132.006, Agriculture Code, is amended by
1-24 adding Subsection (e) to read as follows:
1-25 (e) The department shall perform sufficient inspections of
1-26 the records of out-of-state licensees to ensure that out-of-state
1-27 licensees selling eggs in Texas pay inspection fees equal to the
1-28 percentage of out-of-state eggs sold in Texas. The department may
1-29 contract with the comptroller of public accounts to perform such
1-30 inspections.
1-31 SECTION 2. Section 132.044, Agriculture Code, is amended as
1-32 follows:
1-33 Sec. 132.044. LABELING REQUIREMENTS FOR EGG CONTAINERS.
1-34 (a) A container in which eggs for human consumption are offered
1-35 for retail or wholesale must be legibly labeled with a statement
1-36 showing:
1-37 (1) the size and grade of the eggs in the container;
1-38 (2) the address, including the city and state, and the
1-39 license number of the person who graded and sized the eggs; and
1-40 (3) if the eggs were sized and graded at an address
1-41 other than that provided under Subdivision (2) of this
1-42 subsection:<.>
1-43 (A) the address at which the eggs were sized and
1-44 graded; or
1-45 (B) a department approved code.
1-46 (b) Statements on the egg container must be in accordance
1-47 with the rules of the department. <The information required by
1-48 Subsection (a)(1) of this section must be printed on the container
1-49 in at least one-fourth inch bold-faced type. The information
1-50 required by Subsections (a)(2) and (a)(3) of this section must be
1-51 printed in at least 12-point bold-faced type. The statement of the
1-52 classification of the eggs must be in accordance with the rules of
1-53 the department.>
1-54 (c) A container required to be labeled under Subsection (a)
1-55 of this section may not be deceptively labeled, advertised, or
1-56 invoiced.
1-57 (d) If the department determines that an emergency exists
1-58 that prevents or hinders labeling as provided by this section, the
1-59 department may allow eggs to be labeled in another manner that
1-60 includes the address and license number of a licensee and the size
1-61 and grade of the eggs.
1-62 (e) The department may provide for the repacking,
1-63 downgrading, or both repacking and downgrading of eggs by a
1-64 retailer.
1-65 SECTION 3. Section 132.029, Agriculture Code, is repealed.
1-66 SECTION 4. This Act takes effect September 1, 1993.
1-67 SECTION 5. The importance of this legislation and the
1-68 crowded condition of the calendars in both houses create an
2-1 emergency and an imperative public necessity that the
2-2 constitutional rule requiring bills to be read on three several
2-3 days in each house be suspended, and this rule is hereby suspended.
2-4 * * * * *
2-5 Austin,
2-6 Texas
2-7 May 7, 1993
2-8 Hon. Bob Bullock
2-9 President of the Senate
2-10 Sir:
2-11 We, your Committee on Natural Resources to which was referred H.B.
2-12 No. 1638, have had the same under consideration, and I am
2-13 instructed to report it back to the Senate with the recommendation
2-14 that it do pass and be printed.
2-15 Sims,
2-16 Chairman
2-17 * * * * *
2-18 WITNESSES
2-19 FOR AGAINST ON
2-20 ___________________________________________________________________
2-21 Name: Bob Dale Tarrant x
2-22 Representing: Tx Dept of Agriculture
2-23 City: Austin
2-24 -------------------------------------------------------------------
2-25 Name: Durwood Tucker x
2-26 Representing: Texas Farm Bureau
2-27 City: Austin
2-28 -------------------------------------------------------------------
2-29 Name: James C. Grimm x
2-30 Representing: Texas Egg Council
2-31 City: Austin
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