By Raymond                                            H.B. No. 2198
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to establishing a pilot program to use suitable
    1-3  underutilized state property for community gardens and farmers
    1-4  markets for the benefit of low-income and needy families.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  COMMUNITY NUTRITION TASK FORCE; PILOT PROGRAM.
    1-7  (a)  The Texas Community Nutrition Task Force is established to
    1-8  develop, implement, and evaluate a two-year community food
    1-9  production and farmers market pilot program using underutilized
   1-10  state land or other appropriate property in at least two Texas
   1-11  communities.
   1-12        (b)  The task force shall report the results of its
   1-13  evaluations to the 75th Legislature.
   1-14        SECTION 2.  COMPOSITION OF TASK FORCE.  The task force is
   1-15  composed of:
   1-16              (1)  representatives of the following state agencies
   1-17  and services:
   1-18                    (A)  the Department of Agriculture;
   1-19                    (B)  the Texas Agricultural Extension Service;
   1-20                    (C)  the General Land Office;
   1-21                    (D)  the Texas Department of Health;
   1-22                    (E)  the Texas Department of Housing and
   1-23  Community Affairs; and
   1-24                    (F)  the Texas Department of Human Services; and
    2-1              (2)  three representatives of nonprofit organizations
    2-2  that work in low-income communities or with Texas farmers on
    2-3  projects to increase food security, one of whom is appointed by the
    2-4  governor, one by the executive director of the Texas Agricultural
    2-5  Extension Service, and one by the commissioner of the General Land
    2-6  Office.
    2-7        SECTION 3.  IDENTIFICATION OF SUITABLE UNDERUTILIZED
    2-8  PROPERTY.  The General Land Office shall identify underutilized
    2-9  state property that is subject to the land office's authority under
   2-10  Subchapter E, Chapter 31, Natural Resources Code, and that is
   2-11  suitable for the establishment of a community food garden or
   2-12  farmers market.
   2-13        SECTION 4.  ESTABLISHMENT OF COMMUNITY FOOD GARDENS.  (a)
   2-14  The task force shall select suitable state property identified by
   2-15  the General Land Office or other appropriate property in at least
   2-16  two communities for the establishment by the task force of pilot
   2-17  program community food gardens.
   2-18        (b)  Each state agency or service on the task force shall
   2-19  provide resources, information, and staff support for the
   2-20  establishment of the community food gardens.
   2-21        (c)  Agencies, services, and organizations that are members
   2-22  of the task force shall under the coordination of the task force:
   2-23              (1)  identify community groups, nonprofit
   2-24  organizations, local government agencies, and persons in
   2-25  communities near the  gardens that will be helpful in implementing
   2-26  the program;
   2-27              (2)  work with community groups to develop a community
    3-1  food garden plan and to identify the resources necessary to
    3-2  implement the plan; and
    3-3              (3)  teach youth and adults in communities near the
    3-4  gardens the basics of gardening for food, the basics of nutrition,
    3-5  and how that knowledge benefits their health and economic security.
    3-6        SECTION 5.  FOOD GROWN IN GARDENS.  Food grown in a community
    3-7  food garden may not be sold for individual profit but may be:
    3-8              (1)  sold at or below cost, as appropriate, to local
    3-9  low-income families;
   3-10              (2)  donated to local families at risk for hunger; or
   3-11              (3)  sold to the general public with the proceeds of
   3-12  the sales used to benefit the continued operation of the gardens.
   3-13        SECTION 6.  FARMERS MARKETS.  The task force may select
   3-14  suitable underutilized state property on which an association of
   3-15  farmers selected by the task force may establish a farmers market
   3-16  for the purpose of selling locally grown fresh produce directly to
   3-17  consumers, if the task force determines that would increase food
   3-18  security in the area.  The General Land Office may lease the land
   3-19  to the association for a nominal amount for this purpose.
   3-20        SECTION 7.  TRANSACTIONS RELATED TO LAND.  On behalf of the
   3-21  task force, the state, and any affected state agency, the General
   3-22  Land Office may if necessary execute leases, contracts, or other
   3-23  transactions related to land to accomplish the purposes of this
   3-24  Act.  The term of a contract, lease, or other transaction executed
   3-25  under the authority of this Act may not extend past September 1,
   3-26  1997.  The procedures of Subchapter E, Chapter 31, Natural
   3-27  Resources Code, and of Chapter 672, Acts of the 71st Legislature,
    4-1  Regular Session, 1989 (Article 5421t, Vernon's Texas Civil
    4-2  Statutes), do not apply to the contracts, leases, or other
    4-3  transactions.
    4-4        SECTION 8.  EXPIRATION.  The task force is abolished and this
    4-5  Act expires September 1, 1997.
    4-6        SECTION 9.  EMERGENCY.  The importance of this legislation
    4-7  and the crowded condition of the calendars in both houses create an
    4-8  emergency and an imperative public necessity that the
    4-9  constitutional rule requiring bills to be read on three several
   4-10  days in each house be suspended, and this rule is hereby suspended,
   4-11  and that this Act take effect and be in force from and after its
   4-12  passage, and it is so enacted.