1-1     By:  Glaze (Senate Sponsor - Cain)                    H.B. No. 1875

 1-2           (In the Senate - Received from the House April 21, 1997;

 1-3     April 22, 1997, read first time and referred to Committee on Health

 1-4     and Human Services; May 7, 1997, reported favorably by the

 1-5     following vote:  Yeas 11, Nays 0; May 7, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the imposition and use of certain fees imposed on

 1-9     certain milk and milk products.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 435.009, Health and Safety Code, is

1-12     amended by amending Subsection (b) and adding Subsection (g) to

1-13     read as follows:

1-14           (b)  The department shall impose the following fees only:

1-15                 (1)  a permit fee of $50 a year for a producer dairy

1-16     farm;

1-17                 (2)  a permit fee of $200 a year for a processing or

1-18     bottling plant;

1-19                 (3)  a permit fee of $200 a year for a receiving and

1-20     transfer station;

1-21                 (4)  a permit fee of $100 a year for a milk transport

1-22     tanker;

1-23                 (5)  a fee of two cents [one cent] for each 100 pounds

1-24     of milk or milk products processed and distributed in this state by

1-25     a processing or  bottling plant in this state, or processed by an

1-26     out-of-state processing or bottling plant and sold in this state;

1-27     and

1-28                 (6)  a fee for the actual cost of analyzing samples of

1-29     milk or milk products for an out-of-state processing or bottling

1-30     plant.

1-31           (g)  Subject to legislative appropriation, the department may

1-32     use money collected under Subsection (b)(5) only for milk

1-33     inspection.

1-34           SECTION 2.  This Act takes effect September 1, 1997.

1-35           SECTION 3.  The importance of this legislation and the

1-36     crowded condition of the calendars in both houses create an

1-37     emergency and an imperative public necessity that the

1-38     constitutional rule requiring bills to be read on three several

1-39     days in each house be suspended, and this rule is hereby suspended.

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