BILL ANALYSIS
C.S.H.B. 2198
By: Coleman
May 4, 1995
Committee Report (Substituted)
BACKGROUND
More than one million Texas children are hungry or at risk of
hunger according to the 1995 Texas Childhood Hunger Identification
Project. One in nine Texas children under the age of 12 has
inadequate economic, family or community resources to provide
sufficient food security. In addition, more than 70 percent of
hungry Texas families are "working poor," which means families that
have at least one member employed and still have inadequate
resources to meet all their family's food and nutrition needs. In
1994, the U.S. Conference of Mayors reported that emergency food
requests have jumped in the last year and that families and
individuals relied on emergency food aid both in emergencies and as
a steady source of food over long periods.
Community gardens provide families who do not "own" land, a place
to garden. Community gardens provide families with the opportunity
to grow fresh and nutritious food to supplement family incomes and
increase family food security. These gardens also increase
families' knowledge of food sources and nutrition, increase
participation in local community projects, improve and enhance the
diet of low-income families, improve skills in problem-solving,
teamwork, conflict resolution and leadership, and strengthen ties
to businesses, schools, community agencies and community
organizations.
In 1994, the General Land Office identified 118 tracts of unused or
underutilized state real property containing nearly 25,000 acres.
Some of this underutilized property may be suitable for use as
community gardens.
PURPOSE
CSHB 2198 establishes a pilot program to use suitable underutilized
state property for community gardens and farmers markets for the
benefit of low income and needy Texas families.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. COMMUNITY NUTRITION TASK FORCE; PILOT PROGRAM. (a)
Creates the Texas Community Nutrition Task Force to
develop, implement, and evaluate a two-year community
food production pilot program.
(b) Requires that the task force report the results of
its evaluations to the 75th Legislature.
SECTION 2. COMPOSITION OF TASK FORCE. The task force is composed
of representatives from the Texas Department of
Agriculture, Texas Agricultural Extension Service,
General Land Office, Texas Department of Health, Texas
Department of Housing and Community Affairs and Texas
Department of Human Services and representatives of non-profit organizations.
SECTION 3. IDENTIFICATION OF SUITABLE UNDERUTILIZED PROPERTY.
Requires the General Land Office to identify
underutilized state property suitable for the
establishment of a community food garden or farmers
market.
SECTION 4. ESTABLISHMENT OF COMMUNITY FOOD GARDENS AND FARMERS
MARKETS. (a) Provides that the task force select
suitable state property identified by the General Land
Office or other appropriate property in at least two
communities for the establishment of pilot program
community food gardens or farmers markets.
(b) Provides that each state agency or service on the
task force will provide resources, information, and
staff support for the establishment of community gardens
or farmers markets.
(c) Sets forth guidelines for the implementation of the
pilot program.
SECTION 5. FOOD GROWN IN GARDENS. Prohibits sale of food grown in
community gardens for individual profit; sets
forth guidelines for sale or
donation of food.
SECTION 6. FARMERS MARKETS. States that the task force may
select land upon which a farmers market may be
established to achieve goals of this act.
SECTION 7 TRANSACTIONS RELATED TO LAND. States that the General
Land Office may execute transactions relating to land
for the purpose of accomplishing this Act.
SECTION 8. This Act expires on September 1, 1997.
SECTION 9. Emergency clause. Effective date: upon passage.
COMPARISON OF ORIGINAL TO SUBSTITUTE
(1) SECTION 1(a) adds that the pilot program shall use
underutilized state land or other appropriate land for their
purposes.
(2) SECTION 2(a)(1) deletes a representative from the Department of
Aging when stating the composition of the task force.
(3) SECTION 2(a)(2) specifies that three non-profit organization
representatives that work with low-income families or Texas
farmers shall be named.
(4) SECTION 3 adds language and statute citation relating to
General Land Office's authority.
(5) SECTION 4(a) adds the phrase "or other appropriate property"
when identifying suitable land.
(6) SECTION 6 FARMERS MARKETS is added.
(7) SECTION 7 TRANSACTIONS RELATED TO LAND is added.
(8) SECTIONS 8 and 9 are re-numbered.
SUMMARY OF COMMITTEE ACTION
Pursuant to posting of public hearing on April 19, 1995, the House
Committee on State Affairs convened in Public Hearing on April 24,
1995 to consider HB 2198. The chair laid out HB 2198 and
recognized Rep. Raymond to explain the bill. The following people
testified for the bill: Daniel Lizarraga representing himself and
Kathleen Fitzgerald representing the Sustainable Food Center. The
Chair recognized the following people to testify neutrally on the
bill: Bob Hewgley representing himself, Ramona Kellam representing
herself, and Ted Fisher representing himself. The chair recognized
Rep. Raymond to close. The chair left HB 2198 pending. HB 2198
was considered by the committee in a formal meeting on April 27,
1995. The chair laid out HB 2198. The committee considered a
complete substitute for the bill. The substitute was adopted
without objection. HB 2128 was reported favorably as substituted
with the recommendation that it pass and do be printed and sent to
the Committee on Local and Consent Calendars by a record vote of 15
aye, 0 nay, 0 PNV, and 0 absent.