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.