H.B. No. 2198
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.