BILL ANALYSIS


                                                    C.S.S.B. 1146
                                                        By: Lucio
                                                      Agriculture
                                                         04-13-95
                                   Committee Report (Substituted)
BACKGROUND

Current law enforces the maturity requirements for grapefruit and
oranges through December 15 of each harvest season.  Research and
maturity inspections show that early and mid-season oranges usually
meet maturity requirements by November 1, and grapefruit usually
meets maturity requirements by December 1.  These maturity dates
are important because juice content increases as fruit becomes more
mature.

PURPOSE

As proposed, C.S.S.B. 1146 designates a specific time period of
each year in which grapefruit and early or mid-season oranges are
mature enough to be transported, prepared, received, or delivered
for transportation or market.  Requires these fruits to be
inspected before they are prepared at any other time of the year
and requires a fee to be paid to the Department of Agriculture for
shipment or sale of the fruits during this time.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Department of Agriculture under SECTION 2 (Section
94.003(a), Agriculture Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 94.002, Agriculture Code, to provide that
except to the extent specifically provided by this chapter, this
chapter does not apply to, among others, grapefruit, rather than
citrus fruit, that is shipped, rather than accepted for
transportation or is being transported, after December 1 of a year
and before August 1 of the following year, rather than December 15
and September 1; or early and mid-season oranges (oranges) shipped
after November 1 of a year and before August 1 of the following
year.

SECTION 2. Amends Section 94.003(a), Agriculture Code, to require
the Department of Agriculture (department) to adopt rules that
define maturity standards for grapefruit and oranges according to
the amount of juice and soluble solids in the fruit and the ratio
of soluble solids to anhydrous citric acids in the fruit.  Makes a
nonsubstantive change.

SECTION 3. Amends Section 94.021, Agriculture Code, to provide that
grapefruit meeting the maturity standards for grapefruit
established by rule of the department are mature.  Deletes language
relating to maturity standards for grapefruit.

SECTION 4. Amends Section 94.022, Agriculture Code, to provide that
oranges meeting the maturity standards for oranges established by
rule of the department are mature.  Deletes language regarding the
ratio of soluble solids to anhydrous citric acid of juice.

SECTION 5. Amends Section 94.025(b), Agriculture Code, to prohibit
grapefruit, rather than citrus fruit, that is immature or unfit for
consumption from being prepared for sale or transportation,
transported, or received from December 2 of one year to July 31 of
the following year.  Prohibits oranges that are immature or
otherwise unfit for consumption from being prepared for sale or
transportation, transported, or received from November 2 of one
year to July 31 of the following year.

SECTION 6. Amends Section 94.031, Agriculture Code, as follows:

     Sec.  94.031.  INSPECTION.  (a) Prohibits grapefruit, rather
     than citrus fruit, from being transported, prepared, received,
     or delivered (prepared) for transportation or market after
     July 31 and before December 2 of each year unless the
     grapefruit has been inspected for maturity and approved by
     certain inspectors and is accompanied by a maturity stamp.
     
     (b) Prohibits oranges from being transported or prepared for
       transportation or market after July 31 and before November
       2 of each year unless the oranges have been inspected for
       maturity and approved by certain inspectors and are
       accompanied by a maturity stamp.
       
       (c) Created from existing text.  Deletes existing Subsection
       (c) requiring an inspector to sign certificates of
       inspection with a specific title.
       
SECTION 7. Amends Section 94.035(a), Agriculture Code, to require
a person who sells or ships grapefruit after July 31 and before
December 2 of a year or oranges after July 31 and before November
2 of a year, rather than citrus fruit between August 31 and
November 2, to pay a fee to the department.

SECTION 8. Amends Section 95.016, Agriculture Code, to prohibit a
person from applying coloring matter to citrus fruit unless the
citrus fruit meets the applicable maturity standards established by
rule of the department, rather than by passing state maturity
tests.  Deletes existing Subsections (b)-(d) relating to standards
for use of coloring matter.

SECTION 9. Authorizes the department to initially adopt rules
defining maturity standards for grapefruit and oranges under
Section 94.003(a) as emergency rules in accordance with Section
2001.034, Government Code.

SECTION 10.    Repealer: Sections 94.004, 94.023, and 94.024,
Agriculture Code (Appointment of Inspectors-Determination of
Soluble Solids-Determination of Anhydrous Citric Acid).

SECTION 11.    Emergency clause.
           Effective date: upon passage.