87R685 BEF-D     By: Lambert H.B. No. 2028       A BILL TO BE ENTITLED   AN ACT   relating to egg grading.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 132.002, Agriculture Code, is amended to   read as follows:          Sec. 132.002.  SALE OF UNGRADED EGGS BY PRODUCER [LIMITATION   OF CHAPTER].  (a)  Except as provided by Subsection (b), this [This]   chapter does not apply to a person selling only eggs that are   produced by the person's own flock and for which the person does not   claim a grade.          (b)  A person who produces eggs as described by Subsection   (a) may sell the eggs directly to a consumer or at wholesale if the   eggs are sold in a carton labeled with "ungraded" followed by   "produced by (producer's name)" and the producer's address. The   label information must be legible, must appear on the top panel of   the carton, and may be preprinted on the carton, printed on a label   attached to the carton, or hand printed on the carton. The carton   may not display the name of a retailer or of a producer other than   the producer whose flock produced the eggs.          (c)  A state agency or political subdivision may not prohibit   a person described by Section 132.021(b) from purchasing,   reselling, or using eggs described by Subsection (b).          SECTION 2.  Section 132.043(c), Agriculture Code, is amended   to read as follows:          (c)  Licensees required by this section to collect or pay a   special fee shall remit the fee [monthly] in accordance with rules   established by the department. The rules may not require a licensee   to remit the fee more often than:                (1)  monthly; or                (2)  annually, if the licensee is required to remit   less than $360 for the year.          SECTION 3.  Not later than December 1, 2021, the Department   of Agriculture shall adopt rules consistent with Section   132.043(c), Agriculture Code, as amended by this Act.          SECTION 4.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2021.