1-1 By: Raymond (Senate Sponsor - Ellis) H.B. No. 2198 1-2 (In the Senate - Received from the House May 15, 1995; 1-3 May 17, 1995, read first time and referred to Committee on Natural 1-4 Resources; May 25, 1995, reported favorably by the following vote: 1-5 Yeas 8, Nays 0; May 25, 1995, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to establishing a pilot program to use suitable 1-9 underutilized state property for community gardens and farmers 1-10 markets for the benefit of low-income and needy families. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. COMMUNITY NUTRITION TASK FORCE; PILOT PROGRAM. 1-13 (a) The Texas Community Nutrition Task Force is established to 1-14 develop, implement, and evaluate a two-year community food 1-15 production and farmers market pilot program using underutilized 1-16 state land or other appropriate property in at least two Texas 1-17 communities. 1-18 (b) The task force shall report the results of its 1-19 evaluations to the 75th Legislature. 1-20 SECTION 2. COMPOSITION OF TASK FORCE. The task force is 1-21 composed of: 1-22 (1) representatives of the following state agencies 1-23 and services: 1-24 (A) the Department of Agriculture; 1-25 (B) the Texas Agricultural Extension Service; 1-26 (C) the General Land Office; 1-27 (D) the Texas Department of Health; 1-28 (E) the Texas Department of Housing and 1-29 Community Affairs; and 1-30 (F) the Texas Department of Human Services; and 1-31 (2) three representatives of nonprofit organizations 1-32 that work in low-income communities or with Texas farmers on 1-33 projects to increase food security, one of whom is appointed by the 1-34 governor, one by the executive director of the Texas Agricultural 1-35 Extension Service, and one by the commissioner of the General Land 1-36 Office. 1-37 SECTION 3. IDENTIFICATION OF SUITABLE UNDERUTILIZED 1-38 PROPERTY. The General Land Office shall identify underutilized 1-39 state property that is subject to the land office's authority under 1-40 Subchapter E, Chapter 31, Natural Resources Code, and that is 1-41 suitable for the establishment of a community food garden or 1-42 farmers market. 1-43 SECTION 4. ESTABLISHMENT OF COMMUNITY FOOD GARDENS. (a) 1-44 The task force shall select suitable state property identified by 1-45 the General Land Office or other appropriate property in at least 1-46 two communities for the establishment by the task force of pilot 1-47 program community food gardens. 1-48 (b) Each state agency or service on the task force shall 1-49 provide resources, information, and staff support for the 1-50 establishment of the community food gardens. 1-51 (c) Agencies, services, and organizations that are members 1-52 of the task force shall under the coordination of the task force: 1-53 (1) identify community groups, nonprofit 1-54 organizations, local government agencies, and persons in 1-55 communities near the gardens that will be helpful in implementing 1-56 the program; 1-57 (2) work with community groups to develop a community 1-58 food garden plan and to identify the resources necessary to 1-59 implement the plan; and 1-60 (3) teach youth and adults in communities near the 1-61 gardens the basics of gardening for food, the basics of nutrition, 1-62 and how that knowledge benefits their health and economic security. 1-63 SECTION 5. FOOD GROWN IN GARDENS. Food grown in a community 1-64 food garden may not be sold for individual profit but may be: 1-65 (1) sold at or below cost, as appropriate, to local 1-66 low-income families; 1-67 (2) donated to local families at risk for hunger; or 1-68 (3) sold to the general public with the proceeds of 2-1 the sales used to benefit the continued operation of the gardens. 2-2 SECTION 6. FARMERS MARKETS. The task force may select 2-3 suitable underutilized state property on which an association of 2-4 farmers selected by the task force may establish a farmers market 2-5 for the purpose of selling locally grown fresh produce directly to 2-6 consumers, if the task force determines that would increase food 2-7 security in the area. The General Land Office may lease the land 2-8 to the association for a nominal amount for this purpose. 2-9 SECTION 7. TRANSACTIONS RELATED TO LAND. On behalf of the 2-10 task force, the state, and any affected state agency, the General 2-11 Land Office may if necessary execute leases, contracts, or other 2-12 transactions related to land to accomplish the purposes of this 2-13 Act. The term of a contract, lease, or other transaction executed 2-14 under the authority of this Act may not extend past September 1, 2-15 1997. The procedures of Subchapter E, Chapter 31, Natural 2-16 Resources Code, and of Chapter 672, Acts of the 71st Legislature, 2-17 Regular Session, 1989 (Article 5421t, Vernon's Texas Civil 2-18 Statutes), do not apply to the contracts, leases, or other 2-19 transactions. 2-20 SECTION 8. EXPIRATION. The task force is abolished and this 2-21 Act expires September 1, 1997. 2-22 SECTION 9. EMERGENCY. The importance of this legislation 2-23 and the crowded condition of the calendars in both houses create an 2-24 emergency and an imperative public necessity that the 2-25 constitutional rule requiring bills to be read on three several 2-26 days in each house be suspended, and this rule is hereby suspended, 2-27 and that this Act take effect and be in force from and after its 2-28 passage, and it is so enacted. 2-29 * * * * *