| 2 | + | (In the Senate - Filed March 7, 2019; March 18, 2019, read |
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| 3 | + | first time and referred to Committee on Health & Human Services; |
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| 4 | + | April 17, 2019, reported adversely, with favorable Committee |
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| 5 | + | Substitute by the following vote: Yeas 9, Nays 0; April 17, 2019, |
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| 6 | + | sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 8 | + | COMMITTEE SUBSTITUTE FOR S.B. No. 1805 By: Perry |
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| 2 | 9 | | |
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| 3 | 10 | | |
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| 4 | 11 | | A BILL TO BE ENTITLED |
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| 5 | 12 | | AN ACT |
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| 6 | 13 | | relating to egg grading. |
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| 7 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 15 | | SECTION 1. Section 132.002, Agriculture Code, is amended to |
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| 9 | 16 | | read as follows: |
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| 10 | 17 | | Sec. 132.002. SALE OF UNGRADED EGGS BY PRODUCER [LIMITATION |
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| 11 | 18 | | OF CHAPTER]. (a) Except as provided by Subsection (b), this |
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| 12 | 19 | | [This] chapter does not apply to a person selling only eggs that are |
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| 13 | 20 | | produced by the person's own flock and for which the person does not |
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| 14 | 21 | | claim a grade. |
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| 15 | 22 | | (b) A person who produces eggs as described by Subsection |
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| 16 | 23 | | (a) may sell the eggs directly to a consumer or at wholesale if the |
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| 17 | 24 | | eggs are sold in a carton labeled with "ungraded" followed by |
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| 18 | 25 | | "produced by (producer's name)" and the producer's address. The |
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| 19 | 26 | | label information must be legible, must appear on the top panel of |
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| 20 | 27 | | the carton, and may be preprinted on the carton, printed on a label |
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| 21 | 28 | | attached to the carton, or hand printed on the carton. The carton |
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| 22 | 29 | | may not display the name of a retailer or of a producer other than |
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| 23 | 30 | | the producer whose flock produced the eggs. |
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| 24 | 31 | | (c) A state agency or political subdivision may not prohibit |
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| 25 | 32 | | a person described by Section 132.021(b) from purchasing, |
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| 26 | 33 | | reselling, or using eggs described by Subsection (b). |
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| 27 | 34 | | SECTION 2. Section 132.043(c), Agriculture Code, is amended |
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| 28 | 35 | | to read as follows: |
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| 29 | 36 | | (c) Licensees required by this section to collect or pay a |
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| 30 | 37 | | special fee shall remit the fee [monthly] in accordance with rules |
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| 31 | 38 | | established by the department. The rules may not require a licensee |
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| 32 | 39 | | to remit the fee more often than: |
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| 33 | 40 | | (1) monthly; or |
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| 34 | 41 | | (2) annually, if the licensee is required to remit |
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| 35 | 42 | | less than $360 for the year. |
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| 36 | 43 | | SECTION 3. Not later than December 1, 2019, the Department |
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| 37 | 44 | | of Agriculture shall adopt rules consistent with Section |
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| 38 | 45 | | 132.043(c), Agriculture Code, as amended by this Act. |
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| 39 | 46 | | SECTION 4. This Act takes effect immediately if it receives |
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| 40 | 47 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 48 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 49 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 50 | | Act takes effect September 1, 2019. |
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