1-1 By: Lucio S.B. No. 1146
1-2 (In the Senate - Filed March 9, 1995; March 15, 1995, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 12, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; April 12, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1146 By: Lucio
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to citrus fruit maturity standards.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 94.002, Agriculture Code, is amended to
1-13 read as follows:
1-14 Sec. 94.002. EXCEPTIONS. Except to the extent specifically
1-15 provided by this chapter, this <This> chapter does not apply to:
1-16 (1) citrus fruit other than citrus grandis, osbeck,
1-17 commonly known as grapefruit, and citrus sinensis, osbeck, commonly
1-18 known as oranges;
1-19 (2) a sale of citrus fruit "on the trees";
1-20 (3) grapefruit <citrus fruit> that is shipped
1-21 <accepted for transportation or is being transported by a common
1-22 carrier> after December 1 of a year <15> and before August
1-23 <September> 1 of the following <a> year; <or>
1-24 (4) early or midseason oranges that are shipped after
1-25 November 1 of a year and before August 1 of the following year; or
1-26 (5) transportation of citrus fruit from a grove to a
1-27 packing house located in this state.
1-28 SECTION 2. Subsection (a), Section 94.003, Agriculture Code,
1-29 is amended to read as follows:
1-30 (a) The department shall direct and supervise the inspection
1-31 and certification of maturity of citrus fruit under this chapter.
1-32 The department shall adopt rules that define maturity standards for
1-33 grapefruit and maturity standards for oranges according to the
1-34 amount of juice and the amount of soluble solids in the fruit and
1-35 the ratio of soluble solids to anhydrous citric acids in the fruit.
1-36 The department <and> may adopt rules relating to:
1-37 (1) the number and character of certificates of
1-38 inspection and maturity;
1-39 (2) inspection requests; and
1-40 (3) seasonal requirements of citrus fruit for fitness
1-41 for human consumption.
1-42 SECTION 3. Section 94.021, Agriculture Code, is amended to
1-43 read as follows:
1-44 Sec. 94.021. GRAPEFRUIT. Grapefruit that meet the maturity
1-45 standards for grapefruit established by rule of the department are
1-46 mature <if:>
1-47 <(1) the juice consists of 9 percent or more of
1-48 soluble solids, when the ratio of soluble solids to anhydrous
1-49 citric acid is at least 7.2 to 1;>
1-50 <(2) the juice consists of 10 percent or more of
1-51 soluble solids, when the ratio of soluble solids to anhydrous
1-52 citric acid is at least 7 to 1;>
1-53 <(3) the juice consists of 11 percent or more of
1-54 soluble solids, when the ratio of soluble solids to anhydrous
1-55 citric acid is at least 6.8 to 1; or>
1-56 <(4) the juice consists of 11.5 percent or more of
1-57 soluble solids, when the ratio of soluble solids to anhydrous
1-58 citric acid is at least 6.5 to 1>.
1-59 SECTION 4. Section 94.022, Agriculture Code, is amended to
1-60 read as follows:
1-61 Sec. 94.022. ORANGES. Oranges that meet the maturity
1-62 standards for oranges established by rule of the department are
1-63 mature <when the ratio of soluble solids to the anhydrous citric
1-64 acid of the juice is at least 9 to 1>.
1-65 SECTION 5. Subsection (b), Section 94.025, Agriculture Code,
1-66 is amended to read as follows:
1-67 (b) Grapefruit <Citrus fruit> that is immature or otherwise
1-68 unfit for consumption may not be prepared for sale or
2-1 transportation, transported, or received for any purpose prohibited
2-2 by this section, from December 2 of one year <16> to July <August>
2-3 31 of the following <each> year. Early or midseason oranges that
2-4 are immature or otherwise unfit for consumption may not be prepared
2-5 for sale or transportation, transported, or received for any
2-6 purpose prohibited by this section, from November 2 of one year to
2-7 July 31 of the following year.
2-8 SECTION 6. Section 94.031, Agriculture Code, is amended to
2-9 read as follows:
2-10 Sec. 94.031. INSPECTION. (a) Grapefruit <Citrus fruit> may
2-11 not be transported, or prepared, received, or delivered for
2-12 transportation or market, after July <August> 31 and before
2-13 December 2 <16> each year unless the grapefruit <it> has been
2-14 inspected for maturity and approved by a <department> citrus fruit
2-15 inspector employed by or otherwise under the direction and
2-16 supervision of the department or by a United States Department of
2-17 Agriculture citrus fruit inspector and is accompanied by a maturity
2-18 stamp.
2-19 (b) Early and midseason oranges may not be transported, or
2-20 prepared, received, or delivered for transportation or market,
2-21 after July 31 and before November 2 each year unless the oranges
2-22 have been inspected for maturity and approved by a citrus fruit
2-23 inspector employed by or otherwise under the direction and
2-24 supervision of the department or by a United States Department of
2-25 Agriculture citrus fruit inspector and are accompanied by a
2-26 maturity stamp.
2-27 (c) A certificate of inspection and maturity issued under
2-28 this section must identify the citrus fruit to which it relates.
2-29 <(c) An inspector appointed under Section 94.004(c) of this
2-30 code shall sign certificates of inspection and maturity as "Special
2-31 Citrus Fruit Inspector.">
2-32 SECTION 7. Subsection (a), Section 94.035, Agriculture Code,
2-33 is amended to read as follows:
2-34 (a) A person who sells or ships grapefruit <citrus fruit>
2-35 after July <August> 31 and before December 2 of a year, or early or
2-36 midseason oranges after July 31 and before November 2 of a year,
2-37 <16> shall pay to the department a maximum fee of:
2-38 (1) 2.5 cents per standard box that is sold,
2-39 transported, or delivered for transportation;
2-40 (2) 1.5 cents per one-half standard box, or other
2-41 container that is one-half the size of a standard container, that
2-42 is sold, transported, or delivered for transportation; or
2-43 (3) 2.5 cents per 80-pound lot, or portion of an
2-44 80-pound lot, that is sold or transported in bulk.
2-45 SECTION 8. Section 95.016, Agriculture Code, is amended to
2-46 read as follows:
2-47 Sec. 95.016. Standards for Use of Coloring Matter. <(a)> A
2-48 person may not apply coloring matter to citrus fruits unless the
2-49 citrus fruit meets <passes> the applicable <state> maturity
2-50 standards established by rule by the department under Section
2-51 94.003(a) <tests and the tests required by this section>.
2-52 <(b) A person may not apply coloring matter to oranges
2-53 unless:>
2-54 <(1) the juice of the oranges, extracted by hand
2-55 without mechanical pressure, is at least 4.5 gallons per 1.4
2-56 bushels; and>
2-57 <(2) if the total of soluble solids of the juice is 9
2-58 percent or more, the ratio of total of soluble solids to anhydrous
2-59 citric acid is at least 9 to 1; or>
2-60 <(3) if the total of soluble solids of the juice is at
2-61 least 8.5 percent but less than 9 percent, the ratio of total
2-62 soluble solids to anhydrous citric acid is at least 10 to 1.>
2-63 <(c) The Brix hydrometer shall be used to determine total
2-64 soluble solids of citrus fruit under this section, and the reading
2-65 of the hydrometer corrected for temperature is the percentage of
2-66 total soluble solids.>
2-67 <(d) Anhydrous citric acid in citrus juice is equal to the
2-68 total acidity of the juice as determined by titration, using
2-69 standard alkali and phenolphthalein as the indicator.>
2-70 SECTION 9. The Department of Agriculture may initially adopt
3-1 rules that define maturity standards for grapefruit and maturity
3-2 standards for oranges under Subsection (a), Section 94.003,
3-3 Agriculture Code, as amended by this Act, as emergency rules in
3-4 accordance with Section 2001.034, Government Code.
3-5 SECTION 10. Sections 94.004, 94.023, and 94.024, Agriculture
3-6 Code, are repealed.
3-7 SECTION 11. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended,
3-12 and that this Act take effect and be in force from and after its
3-13 passage, and it is so enacted.
3-14 * * * * *