BILL ANALYSIS C.S.H.B. 2235 By: Renato Cuellar April 26, 1995 Committee Report (Substituted) BACKGROUND There are no national standards for the interior quality of citrus fruits. Texas, California and Florida set their own standards. The purpose of having a maturity expiration date is to eliminate any unnecessary maturity inspections and ensure that consumers are receiving quality, mature citrus. The inspections are paid for by the packing houses where the inspections are conducted. Although maturity characteristics for each citrus type vary, current Texas law mandates that all grapefruit and orange maturity requirements are enforced through December 15 of each harvest season. However, most citrus fruits have matured earlier in the year which results in unnecessary inspections and additional costs to the industry. By tailoring the citrus maturity inspection expiration dates to more accurately fit the actual maturity characteristics of the different fruits, time and cost burdens on the citrus industry would be reduced. Research and maturity inspection records show that early and mid-season orange varieties almost always meet maturity standards by November 1 of each year. There are no noticeable differences in earliness of maturity for the different grapefruit varieties. Research and records show, however, that almost all grapefruit samples meet maturity requirements by December 1 of each season. The beginning date for inspections would be moved to August 1 from August 31 of each year. While there are no records of shipments ever being made during most of August, an inspection start-up date of August 1, would ensure that premature fruit is not shipped. PURPOSE This bill sets an earlier range of dates for maturity inspections of grapefruit and oranges. RULEMAKING AUTHORITY It is the committee opinion that this bill expressly grants rulemaking authority to the Texas Department of Agriculture in SECTION 2 [Section 94.003(a)]. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 94.002, Agriculture Code. Sets forth that grapefruit shipped from August 1 through December 1 will be subject to citrus fruit maturity standards. Sets forth that oranges shipped from August 1 through November 1 will be subject to citrus fruit maturity standards. SECTION 2. Amends Section 94.003(a), Agriculture Code. Requires the Texas Department of Agriculture to adopt rules that define maturity standards for grapefruit and oranges according to the amount of juice and solid fruit and the ratio of solids to citric acid in the fruit. SECTION 3. Amends Section 94.021, Agriculture Code. Establishes that grapefruit are mature when they meet the department standards. Deletes statutory grapefruit maturity standards. SECTION 4. Amends Section 94.022, Agriculture Code. Establishes that oranges are mature when they meet the department standards. Deletes statutory orange maturity standards. SECTION 5. Amends Section 94.025(b), Agriculture Code. Sets forth that grapefruit that are immature or unfit for consumption may not be transported or received from December 2 of one year to July 31 of the following year. Sets forth that oranges that are immature or unfit for consumption may not be transported or received from November 2 of one year to July 31 of the following year. SECTION 6. Amends Section 94.031, Agriculture Code. Sets forth that grapefruit may not be transported, prepared, received, or delivered from August 1 through December 1 unless it has been inspected and approved for maturity. Sets forth that oranges may not be transported, prepared, received or delivered from August 1 through November 1 unless it has been inspected and approved for maturity. Deletes Section 94.031(c) which refers to the duties of a citrus maturity inspector. SECTION 7. Amends Section 94.035(a), Agriculture Code. Establishes that grapefruit sold from August 1 through December 1 are subject to fees set by the department. Establishes that oranges sold from August 1 through November 1 are subject to fees set by the department. SECTION 8. Amends Section 95.016, Agriculture Code. Deletes the standards for applying coloring matter and establishes that these standards may be set by department rule. SECTION 9. Provides that the department may adopt maturity standard rules as emergency rules. SECTION 10. Repeals Agriculture Code Sections, 94.004 regarding appointment of inspectors; 94.023 regarding determination of soluble solids; and 94.024 regarding determination of anhydrous citric acid. SECTION 11. Emergency Clause. Effective upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE In the substitute, the authority to collect inspection fees remains with the department rather than the Texas Cooperative Inspection Service and the department is given the authority to adopt rules to define maturity standards. SUMMARY OF COMMITTEE ACTION H.B. 2235 was considered by the committee in a public hearing on April 11, 1995. The committee considered a complete substitute for the bill. The substitute was withdrawn without objection. The following persons testified in favor of the bill: Mr. Ray Prewett representing himself and Texas Citrus Mutual; Mr. Jerry Walzel representing the Texas Citrus and Vegetable Association; and Ms. Kathryn Keller representing the Texas Farm Bureau. The bill was left pending. H.B. 2235 was considered by the committee in a public hearing on April 25, 1995. The bill was left pending. H.B. 2235 was considered by the committee in a formal meeting on April 25, 1995. The committee considered a complete substitute for the bill. The substitute was adopted without objection. The bill was reported favorably as substituted, with the recommendation that it do pass and be printed, by a record vote of 8 ayes, 0 nays, 0 pnv, 1 absent.