| 1 | | - | By: Johnson, Hughes S.B. No. 1864 |
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| 2 | | - | Sparks |
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| 1 | + | By: Johnson S.B. No. 1864 |
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| 2 | + | (In the Senate - Filed March 4, 2025; March 17, 2025, read |
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| 3 | + | first time and referred to Committee on Health & Human Services; |
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| 4 | + | April 14, 2025, reported adversely, with favorable Committee |
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| 5 | + | Substitute by the following vote: Yeas 9, Nays 0; April 14, 2025, |
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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. 1864 By: Hancock |
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| 3 | 9 | | |
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| 4 | 10 | | |
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| 5 | 11 | | |
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| 6 | 12 | | |
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| 7 | 13 | | A BILL TO BE ENTITLED |
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| 8 | 14 | | AN ACT |
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| 9 | 15 | | relating to egg grading and the selling of ungraded eggs; |
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| 10 | 16 | | authorizing a fee. |
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| 11 | 17 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 18 | | SECTION 1. Section 132.002, Agriculture Code, is amended to |
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| 13 | 19 | | read as follows: |
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| 14 | 20 | | Sec. 132.002. SALE OF UNGRADED EGGS BY PRODUCER [LIMITATION |
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| 15 | 21 | | OF CHAPTER]. (a) Except as provided by this section, this [This] |
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| 16 | 22 | | chapter does not apply to a person selling only eggs that are |
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| 17 | 23 | | produced by the person's own flock and for which the person does not |
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| 18 | 24 | | claim a grade. |
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| 19 | 25 | | (b) A person who produces eggs as described by Subsection |
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| 20 | 26 | | (a) may sell any quantity of ungraded eggs directly to consumers in |
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| 21 | 27 | | this state and, subject to Subsections (d) and (e), up to 500 dozen |
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| 22 | 28 | | ungraded eggs per week at wholesale in this state. |
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| 23 | 29 | | (c) A person who sells ungraded eggs as provided by |
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| 24 | 30 | | Subsection (b) shall label the cartons of eggs with a label that: |
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| 25 | 31 | | (1) is legible; |
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| 26 | 32 | | (2) appears on the top panel of the carton; and |
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| 27 | 33 | | (3) contains: |
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| 28 | 34 | | (A) the word "ungraded"; |
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| 29 | 35 | | (B) the producer's name; |
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| 30 | 36 | | (C) the producer's address; |
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| 31 | 37 | | (D) the date the carton was packed; and |
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| 32 | 38 | | (E) if the eggs are sold or offered for sale at |
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| 33 | 39 | | wholesale, the producer's registration number as provided by |
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| 34 | 40 | | Subsection (d). |
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| 35 | 41 | | (d) A person must register with the department if the person |
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| 36 | 42 | | produces eggs as described by Subsection (a) and sells the eggs at |
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| 37 | 43 | | wholesale. The department may set an annual registration fee of not |
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| 38 | 44 | | more than $50. |
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| 39 | 45 | | (e) A person who sells eggs as described by Subsection (d) |
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| 40 | 46 | | shall: |
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| 41 | 47 | | (1) maintain records as provided by Section 132.061; |
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| 42 | 48 | | (2) within 36 hours of collecting the eggs, |
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| 43 | 49 | | refrigerate the eggs; |
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| 44 | 50 | | (3) maintain the eggs at an ambient temperature of 45 |
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| 45 | 51 | | degrees Fahrenheit or below during storage and distribution; and |
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| 46 | 52 | | (4) follow the sanitation requirements of Section |
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| 47 | 53 | | 132.045 when handling eggs sold or offered for sale at wholesale. |
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| 48 | 54 | | (f) A state agency or political subdivision may not prohibit |
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| 49 | 55 | | a person described by Section 132.021(b) from purchasing, |
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| 50 | 56 | | reselling, or using eggs described by Subsection (c). |
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| 51 | 57 | | SECTION 2. This Act takes effect immediately if it receives |
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| 52 | 58 | | a vote of two-thirds of all the members elected to each house, as |
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| 53 | 59 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 54 | 60 | | Act does not receive the vote necessary for immediate effect, this |
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| 55 | 61 | | Act takes effect September 1, 2025. |
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