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.