| 1 | 1 | | 88R25185 KBB-D |
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| 2 | 2 | | By: Cain, et al. H.B. No. 2945 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to egg grading and the selling of ungraded eggs; requiring |
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| 8 | 8 | | an occupational license. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 132.002, Agriculture Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 132.002. SALE OF UNGRADED EGGS BY PRODUCER [LIMITATION |
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| 13 | 13 | | OF CHAPTER]. (a) Except as provided by this section, this [This] |
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| 14 | 14 | | chapter does not apply to a person selling only eggs that are |
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| 15 | 15 | | produced by the person's own flock and for which the person does not |
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| 16 | 16 | | claim a grade. |
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| 17 | 17 | | (b) A person who produces eggs as described by Subsection |
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| 18 | 18 | | (a) may sell up to 120 dozen ungraded eggs per week directly to |
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| 19 | 19 | | consumers or at wholesale. |
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| 20 | 20 | | (c) A person who produces eggs as described by Subsection |
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| 21 | 21 | | (a) may not sell the eggs at wholesale unless the person holds a |
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| 22 | 22 | | license as an ungraded dealer-wholesaler issued by the department. |
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| 23 | 23 | | The license must be renewed as provided by Section 132.024. |
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| 24 | 24 | | (d) A person who holds a license described by Subsection (c) |
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| 25 | 25 | | shall maintain records as provided by Section 132.061. |
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| 26 | 26 | | (e) A person who holds a license described by Subsection (c) |
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| 27 | 27 | | shall follow the sanitation requirements of Section 132.045 when |
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| 28 | 28 | | handling eggs sold or offered for sale at wholesale. |
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| 29 | 29 | | (f) A person who sells ungraded eggs as provided by |
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| 30 | 30 | | Subsection (b) shall label the cartons of eggs with a label that: |
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| 31 | 31 | | (1) is legible; |
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| 32 | 32 | | (2) appears on the top panel of the carton; and |
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| 33 | 33 | | (3) contains: |
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| 34 | 34 | | (A) the word "ungraded"; |
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| 35 | 35 | | (B) the producer's name; |
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| 36 | 36 | | (C) the producer's address; |
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| 37 | 37 | | (D) the producer's license number under |
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| 38 | 38 | | Subsection (c), if the eggs are sold or offered for sale at |
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| 39 | 39 | | wholesale; and |
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| 40 | 40 | | (E) the date the carton was packed. |
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| 41 | 41 | | SECTION 2. Section 132.043(c), Agriculture Code, is amended |
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| 42 | 42 | | to read as follows: |
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| 43 | 43 | | (c) Licensees required by this section to collect or pay a |
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| 44 | 44 | | special fee shall remit the fee [monthly] in accordance with rules |
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| 45 | 45 | | established by the department. The rules may not require a licensee |
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| 46 | 46 | | to remit the fee more often than: |
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| 47 | 47 | | (1) monthly; or |
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| 48 | 48 | | (2) annually, if the licensee is required to remit |
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| 49 | 49 | | less than $360 for the year. |
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| 50 | 50 | | SECTION 3. Not later than December 1, 2023, the Department |
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| 51 | 51 | | of Agriculture shall adopt rules consistent with Section |
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| 52 | 52 | | 132.043(c), Agriculture Code, as amended by this Act. |
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| 53 | 53 | | SECTION 4. This Act takes effect immediately if it receives |
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| 54 | 54 | | a vote of two-thirds of all the members elected to each house, as |
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| 55 | 55 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 56 | 56 | | Act does not receive the vote necessary for immediate effect, this |
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| 57 | 57 | | Act takes effect September 1, 2023. |
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