BILL ANALYSIS



S.B. 1146
By: Lucio (Renato Cuellar)
May 2, 1995
Committee Report (Unamended)


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's 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 a fee payable to the department.  Establishes that
oranges sold from August 1 through November 1 are subject to a fee
payable to 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 under Section 94.003(a).

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.

SUMMARY OF COMMITTEE ACTION

S.B. 1146 was considered by the committee in a public hearing.

The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 7
ayes, 0 nays, 0 pnv, 2 absent.