BILL ANALYSIS


                                                        H.B. 2198
                                              By: Raymond (Ellis)
                                                Natural Resources
                                                          5-25-95
                              Senate Committee Report (Unamended)
BACKGROUND

More than 70 percent of hungry Texas families are "working poor,"
meaning that each family has at least one member employed, but
there are still inadequate resources to meet of the family's
nutritional needs.

Community gardens provide families who do not "own" land, a place
to garden.  By using these gardens, families are given the
opportunity to grow fresh and nutritious food to supplement family
incomes and increase family food security.

In 1994, the General Land Office identified 118 tracts, containing
25,000 acres, of unused or underutilized state real property.  Some
of this land may be suitable for use as community gardens.

PURPOSE

As proposed, H.B. 2198 establishes the Texas Community Nutrition
Task Force; requires the task force to select state property
identified by the General Land Office or other property in at least
two communities for the establishment by the task force of pilot
program community food gardens.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. COMMUNITY NUTRITION TASK FORCE; PILOT PROGRAM.  (a)
Establishes the Texas Community Nutrition Task Force (task force). 
Sets forth the purpose of the task force.

     (b) Requires the task force to report the results of its
     evaluations to the 75th Legislature.
     
     SECTION 2.     COMPOSITION OF TASK FORCE.  Sets forth the composition
of the task force.

SECTION 3. IDENTIFICATION OF SUITABLE UNDERUTILIZED PROPERTY. 
Requires the General Land Office (office) to identify underutilized
state property that is subject to the office's authority and that
is suitable for establishment of a community food garden farmers
market.

SECTION 4. ESTABLISHMENT OF COMMUNITY FOOD GARDENS.  (a) Requires
the task force to select state property identified by the office or
other property in at least two communities for the establishment by
the task force of pilot program community food gardens (gardens).

     (b) Requires each state agency or service on the task force to
     provide resources, information, and staff support for the
     establishment of the gardens.
     
     (c) Requires agencies, services, and organizations that are
     members of the task force to perform certain acts under the
     coordination of the task force.
     
     SECTION 5.     FOOD GROWN IN GARDENS.  Prohibits food grown in a garden
from being sold for individual profit.  Authorizes the food to be
sold or donated under certain conditions.

SECTION 6. FARMERS MARKETS.  Authorizes the task force to select
underutilized state property on which an association of farmers
selected by the task force may establish a farmers market to sell
locally grown produce directly to consumers, if the task force
determines that would increase food security in the area. 
Authorizes the office to lease the land to the association.

SECTION 7. TRANSACTIONS RELATED TO LAND.   Authorizes the office,
on behalf of the task force, state, and any affected state agency,
to execute leases, contracts, or other transactions related to land
to accomplish the purposes of this Act.  Prohibits the term of a
contract, lease, or other transaction executed under authority of
this Act from extending past September 1, 1997.  Provides that the
procedures of Chapter 31E, Natural Resource Code, and Article
5421t, V.T.C.S., do not apply to the contracts, leases, or other
transactions.

SECTION 8. EXPIRATION DATE.  Provides that the task force is
abolished and this Act expires September 1, 1997.

SECTION 9. Emergency clause.
           Effective date: upon passage.