74R9498 JRD-F
          By Cuellar of Hidalgo                                 H.B. No. 2235
          Substitute the following for H.B. No. 2235:
          By Cuellar of Hidalgo                             C.S.H.B. No. 2235
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to citrus fruit maturity standards.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 94.002, Agriculture Code, is amended to
    1-5  read as follows:
    1-6        Sec. 94.002.  EXCEPTIONS.  Except to the extent specifically
    1-7  provided by this chapter, this <This> chapter does not apply to:
    1-8              (1)  citrus fruit other than citrus grandis, osbeck,
    1-9  commonly known as grapefruit, and citrus sinensis, osbeck, commonly
   1-10  known as oranges;
   1-11              (2)  a sale of citrus fruit "on the trees";
   1-12              (3)  grapefruit <citrus fruit> that is shipped
   1-13  <accepted for transportation or is being transported by a common
   1-14  carrier> after December 1 of a year <15> and before August
   1-15  <September> 1 of the following <a> year; <or>
   1-16              (4)  early or mid-season oranges that are shipped after
   1-17  November 1 of a year and before August 1 of the following year; or
   1-18              (5)  transportation of citrus fruit from a grove to a
   1-19  packing house located in this state.
   1-20        SECTION 2.  Section 94.003(a), Agriculture Code, is amended
   1-21  to read as follows:
   1-22        (a)  The department shall direct and supervise the inspection
   1-23  and certification of maturity of citrus fruit under this chapter.
    2-1  The department shall adopt rules that define maturity standards for
    2-2  grapefruit and maturity standards for oranges according to the
    2-3  amount of juice and the amount of soluble solids in the fruit and
    2-4  the ratio of soluble solids to anhydrous citric acids in the fruit.
    2-5  The department <and> may adopt rules relating to:
    2-6              (1)  the number and character of certificates of
    2-7  inspection and maturity;
    2-8              (2)  inspection requests; and
    2-9              (3)  seasonal requirements of citrus fruit for fitness
   2-10  for human consumption.
   2-11        SECTION 3.  Section 94.021, Agriculture Code, is amended to
   2-12  read as follows:
   2-13        Sec. 94.021.  GRAPEFRUIT.  Grapefruit that meet the maturity
   2-14  standards for grapefruit established by rule of the department are
   2-15  mature <if:>
   2-16              <(1)  the juice consists of 9 percent or more of
   2-17  soluble solids, when the ratio of soluble solids to anhydrous
   2-18  citric acid is at least 7.2 to 1;>
   2-19              <(2)  the juice consists of 10 percent or more of
   2-20  soluble solids, when the ratio of soluble solids to anhydrous
   2-21  citric acid is at least 7 to 1;>
   2-22              <(3)  the juice consists of 11 percent or more of
   2-23  soluble solids, when the ratio of soluble solids to anhydrous
   2-24  citric acid is at least 6.8 to 1; or>
   2-25              <(4)  the juice consists of 11.5 percent or more of
    3-1  soluble solids, when the ratio of soluble solids to anhydrous
    3-2  citric acid is at least 6.5 to 1>.
    3-3        SECTION 4.  Section 94.022, Agriculture Code, is amended to
    3-4  read as follows:
    3-5        Sec. 94.022.  ORANGES.  Oranges that meet the maturity
    3-6  standards for oranges established by rule of the department are
    3-7  mature <when the ratio of soluble solids to the anhydrous citric
    3-8  acid of the juice is at least 9 to 1>.
    3-9        SECTION 5.  Section 94.025(b), Agriculture Code, is amended
   3-10  to read as follows:
   3-11        (b)  Grapefruit <Citrus fruit> that is immature or otherwise
   3-12  unfit for consumption may not be prepared for sale or
   3-13  transportation, transported, or received for any purpose prohibited
   3-14  by this section, from December 2 of one year <16> to July <August>
   3-15  31 of the following <each> year.  Early or mid-season oranges that
   3-16  are immature or otherwise unfit for consumption may not be prepared
   3-17  for sale or transportation, transported, or received for any
   3-18  purpose prohibited by this section, from November 2 of one year to
   3-19  July 31 of the following year.
   3-20        SECTION 6.  Section 94.031, Agriculture Code, is amended to
   3-21  read as follows:
   3-22        Sec. 94.031.  INSPECTION.  (a)  Grapefruit <Citrus fruit> may
   3-23  not be transported, or prepared, received, or delivered for
   3-24  transportation or market, after July <August> 31 and before
   3-25  December 2 <16> each year unless the grapefruit <it> has been
    4-1  inspected for maturity and approved by a <department> citrus fruit
    4-2  inspector employed by or otherwise under the direction and
    4-3  supervision of the department or by a United States Department of
    4-4  Agriculture citrus fruit inspector and is accompanied by a maturity
    4-5  stamp.
    4-6        (b)  Early and mid-season oranges may not be transported, or
    4-7  prepared, received, or delivered for transportation or market,
    4-8  after July 31 and before November 2 each year unless the oranges
    4-9  have been inspected for maturity and approved by a citrus fruit
   4-10  inspector employed by or otherwise under the direction and
   4-11  supervision of the department or by a United States Department of
   4-12  Agriculture citrus fruit inspector and are accompanied by a
   4-13  maturity stamp.
   4-14        (c)  A certificate of inspection and maturity issued under
   4-15  this section must identify the citrus fruit to which it relates.
   4-16        <(c)  An inspector appointed under Section 94.004(c) of this
   4-17  code shall sign certificates of inspection and maturity as "Special
   4-18  Citrus Fruit Inspector.">
   4-19        SECTION 7.  Section 94.035(a), Agriculture Code, is amended
   4-20  to read as follows:
   4-21        (a)  A person who sells or ships grapefruit <citrus fruit>
   4-22  after July <August> 31 and before December 2 of a year, or early or
   4-23  mid-season oranges after July 31 and before November 2 of a year,
   4-24  <16> shall pay to the department a maximum fee of:
   4-25              (1)  2.5 cents per standard box that is sold,
    5-1  transported, or delivered for transportation;
    5-2              (2)  1.5 cents per one-half standard box, or other
    5-3  container that is one-half the size of a standard container, that
    5-4  is sold, transported, or delivered for transportation; or
    5-5              (3)  2.5 cents per 80-pound lot, or portion of an
    5-6  80-pound lot, that is sold or transported in bulk.
    5-7        SECTION 8.  Section 95.016, Agriculture Code, is amended to
    5-8  read as follows:
    5-9        Sec. 95.016.  Standards for Use of Coloring Matter.  <(a)>  A
   5-10  person may not apply coloring matter to citrus fruits unless the
   5-11  citrus fruit meets <passes> the applicable <state> maturity
   5-12  standards established by rule by the department under Section
   5-13  94.003(a) <tests and the tests required by this section>.
   5-14        <(b)  A person may not apply coloring matter to oranges
   5-15  unless:>
   5-16              <(1)  the juice of the oranges, extracted by hand
   5-17  without mechanical pressure, is at least 4.5 gallons per 1.4
   5-18  bushels; and>
   5-19              <(2)  if the total of soluble solids of the juice is 9
   5-20  percent or more, the ratio of total of soluble solids to anhydrous
   5-21  citric acid is at least 9 to 1; or>
   5-22              <(3)  if the total of soluble solids of the juice is at
   5-23  least 8.5 percent but less than 9 percent, the ratio of total
   5-24  soluble solids to anhydrous citric acid is at least 10 to 1.>
   5-25        <(c)  The Brix hydrometer shall be used to determine total
    6-1  soluble solids of citrus fruit under this section, and the reading
    6-2  of the hydrometer corrected for temperature is the percentage of
    6-3  total soluble solids.>
    6-4        <(d)  Anhydrous citric acid in citrus juice is equal to the
    6-5  total acidity of the juice as determined by titration, using
    6-6  standard alkali and phenolphthalein as the indicator.>
    6-7        SECTION 9.  The Department of Agriculture may initially adopt
    6-8  rules that define maturity standards for grapefruit and maturity
    6-9  standards for oranges under Section 94.003(a), Agriculture Code, as
   6-10  amended by this Act, as emergency rules in accordance with Section
   6-11  2001.034, Government Code.
   6-12        SECTION 10.  Sections 94.004, 94.023, and 94.024, Agriculture
   6-13  Code, are repealed.
   6-14        SECTION 11.  The importance of this legislation and the
   6-15  crowded condition of the calendars in both houses create an
   6-16  emergency and an imperative public necessity that the
   6-17  constitutional rule requiring bills to be read on three several
   6-18  days in each house be suspended, and this rule is hereby suspended,
   6-19  and that this Act take effect and be in force from and after its
   6-20  passage, and it is so enacted.