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.